Blog Posts

Author: Varun Tyagi* Jurisdictions: India Topics: Competence-Competence Delegation Arbitrability Anti-Arbitration Injunction Introduction Signatories to arbitration agreements often resort to Civil Courts seeking to enjoin their signatories counterparties from initiating or continuing arbitral proceedings,  the so-called anti-arbitration injunctions. In India, arbitrations are governed by the Arbitration and Conciliation Act, 1996 (“Act”), […]

The Muddy Waters of Anti-Arbitration Injunctions in India

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Author: Gustavo F. Vaughn* Jurisdictions: Brazil Topics: Competence-Competence Delegation Arbitrability Commercial arbitration is a matter of consent. Parties must agree in writing that disputes arisen within a particular contract should be subject to resolution by arbitrators. Thus, arbitral jurisdiction derives from an agreement between the parties. In this sense, it […]

The Competence-Competence Doctrine Under Brazilian Law

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Author: Nathan Gayer de Mena** Jurisdictions: International United States Topics: Competence-Competence Delegation Arbitrability Agreement to Arbitrate Contents of Arbitration Agreement Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Arbitration Clauses Contractual or Consensual Basis of Arbitration The recent Second Circuit decision in Beijing Shougang Mining Inv. Co. […]

“Unclear and Mistakable”? Some Comments on Delegation Following Beijing Shougang ...

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Author: Gabriel Teixeira Alves* Jurisdiction: Brazil International Topics: Arbitrators and Arbitral Tribunals Conflict of Interest ICC Annulment of Awards The recent resignation of one of the arbitrators nominated to adjudicate the multibillion-dollar conflict between J&F Investimentos S.A.[1] (“J&F”) and CA Investment (Brazil) S.A. (“CA Investment”),[2] after J&F sought annulment of […]

Arbitrator Resignation in Brazil Sparked Discussions Over the Scope and ...

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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

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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

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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 ...

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