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Lorenzo C. Martinez IV is ARIA's Head Online Editor

Author: Joe Cho* Jurisdiction: South Korea United States Topics: Non-Parties to Arbitration Agreements Signatories Arbitrability Agreement to Arbitrate Contractual or Consensual Basis of Arbitration I. Introduction Arbitration is a creature of the parties’ meeting of minds in the form of an arbitration agreement. As has been stated in a […]

Non-Signatories to Arbitration Agreements: The Peculiar Case of Korea Presaging ...

October 22, 2021 in Blog / Uncategorized by ARIA

Author: Himanshu Shembekar* Jurisdiction: India Topics: Injunctions Enforcement of Awards INTRODUCTION In February 2021, the Lok Sabha passed the Arbitration and Conciliation (Amendment) Bill, 2021 (herein referred as “the bill”).[1] Previously, an ordinance titled Arbitration and Conciliation (Amendment) Ordinance, 2020 (herein referred as “the ordinance”)[2] was promulgated on November 4, […]

Unconditional Stay of Arbitral Awards in India: A Regressive Step

October 20, 2021 in Blog by ARIA

Author: ARIA The Second Circuit’s recent decision in Beijing Shougang Mining Investment Co., Ltd. v. Mongolia has fundamentally undermined the Supreme Court’s landmark decision in First Options of Chicago, Inc. v. Kaplan, guaranteeing parties’ rights to an independent judicial determination of whether they consented to arbitrate. In First Options,[1] the Supreme […]

Delegation Run Further Amok: A Postscript

October 15, 2021 in Blog by ARIA

Author: Dr. Aline Tanielian Fadel* Jurisdiction: International Topics: Diversity in Arbitration Dispute Resolution Technology “Say not, ‘I have found the truth’, but rather, ‘I have found a truth’.” – Khalil (Kahlil) Gibran, The Prophet As a university lecturer of law, my students frequently ask me: “What is the solution […]

Predictive Analytics and Diversity in International Arbitration: Friends or Foes?

October 8, 2021 in Blog by ARIA

Restoring Legitimacy To The Investor-State Dispute Settlement System: Total Replacement Or Incremental Improvement? — Author: Bo Hyun Kim* Jurisdiction: International Topics: Investment Disputes Arbitral Tribunal Arbitral Appeals International Institutions and Rules UNCITRAL WTO I. INTRODUCTION With no permanent body of law to determine the substantive rules of investment law, there have been long-standing demands for reform of the investor-state dispute settlement (ISDS) regime. Such […]

Restoring Legitimacy to the Investor-State Dispute Settlement System: Total Replacement ...

August 24, 2021 in Blog by ARIA

Aditya Singh: The Power of an Arbitral Tribunal to Grant Anti-Suit Injunctions Against Third-Party Interests — Author: Aditya Kumar Singh* Jurisdiction: International India Topics: Anti-Suit Injunctions Arbitral Process Third Parties Interim Measures of Protection Introduction Though the earlier version of the UNCITRAL Model Law provided for the arbitral tribunal’s power to grant interim measures, it did not elaborate upon the scope and manner for the exercise […]

The Power of an Arbitral Tribunal to Grant Anti-Suit Injunctions ...

August 16, 2021 in Blog by ARIA

Author: Anirudh Lekhi* Jurisdiction: International India Topics: Enforcement Time Limits New York Convention The Indian law of limitation for enforcing foreign arbitral awards was, until recently, shrouded in confusion. The lack of any provision in the Limitation Act, 1963, which stipulates the period within which a foreign award may be […]

Reading Between The Lines: Ascertaining The Period of Limitation For ...

June 22, 2021 in Blog by ARIA

Author: Aditya Gogna** Jurisdiction: International United States Topics: Arbitrability Jurisdiction and Powers of the Courts in Matters of Arbitration Generally This post summarizes Dr. Julie Bédard’s discussion with Dr. Kabir Duggal and Amanda Lee on Delos Dispute Resolution’s TagTime series regarding arbitrability in international arbitration.[1] The discussion focused on the […]

TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...

June 8, 2021 in Blog / TagTime by ARIA