ARIA

Authors: Saumya Sinha* Jurisdiction: International     Topics: Confidentiality   I. Introduction Arbitration has witnessed remarkable growth in the recent past and has emerged as parties’ preferred choice of dispute resolution mechanism in commercial disputes. One of the several reasons for its popularity is the private nature of the arbitral […]

Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...

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Authors: Henrique Carneiro* Jurisdiction: International     Topics: Umbrella Clauses Investment Arbitration   Introduction For decades, arbitral tribunals and legal commentators have debated about the proper way to interpret the word “obligation” or “commitment” in international investment treaty umbrella clauses. The plain text of such clauses seems, at first glance, […]

Empirics-Based Umbrella Clause Interpretation

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Authors: Marilyn Onukwugha & Vanessa Winkler* Jurisdiction: Brazil Nigeria     Topics: Arbitration Rules Arbitral Procedure Recognition and Enforcement of Arbitral Awards Investment Arbitration     INTRODUCTION Brazil-Nigeria relations are marked by centuries of commercial and cultural exchanges. For generations, the two countries have maintained an amicable relationship while promoting […]

The Brazil-Nigeria Samba: From Partners in Business to Parties in ...

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Authors: Velislava Hristova & Boris Praštalo* Jurisdiction: England   Topics: Non-Signatories Applicable Law Arbitration Agreement     In Lifestyle Equities CV and another v. Hornby Street (MCR) Ltd and others [2022] EWCA (Civ) 51, the England and Wales Court of Appeal (“Court”) dealt with the question of which law applies […]

Which Law Applies When Determining Whether a Non-Signatory is Bound ...

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Author: Kavya Jha* Jurisdiction: International   Topics: Confidentiality Due Process Paranoia Technology     Introduction Online Dispute Resolution (ODR), which integrates information communication technology with dispute resolution mechanisms, has gained immense popularity, especially during the COVID-19 pandemic. According to the Queen Mary University 2021 International Arbitration Survey, 79% of the […]

Technology and Arbitration: The Age of Confidentiality Concerns and Due ...

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Author: Sima Ghaffari* Jurisdiction: Iran   Topics: Reasons Requirement Enforcement of Arbitral Awards International Institutions and Rules     Drafting an enforceable and well-reasoned arbitral award is an art. The reasons requirement has rarely been analyzed in the arbitral realm and the elements of reasoning in court decisions should not […]

Reasoned Arbitral Awards: An Iranian Perspective

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Author: Amanda J. Lee* Jurisdiction: International   Topics: Arbitrators and Arbitral Tribunals   “The Knight looked surprised at the question. ‘What does it matter where my body happens to be?” he said. “My mind goes on working all the same.””[1] During the pandemic the arbitration community responsibly sheltered in place while […]

Through the Looking-Glass: Wellbeing in Arbitration — Part 2

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Author: Amanda J. Lee* Jurisdiction: International   Topics: Arbitrators and Arbitral Tribunals     “Well, in our country,” said Alice, still panting a little, “you’d generally get to somewhere else — if you ran very fast for a long time, as we’ve been doing.”  “A slow sort of country!” said the […]

Through the Looking-Glass: Wellbeing in Arbitration — Part 1

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