Blog Posts

Author: Bruno Acevedo* Jurisdiction: International Germany Topics: Online Arbitration Enforcement of Arbitral Awards Grounds for Refusal of Enforcement INTRODUCTION Since the onset of the COVID-19 pandemic, many ongoing arbitrations have had to adjust their proceedings to surmount the challenges imposed by the unprecedented global health crisis. Social distancing, travel bans, […]

Lessons from the Past: Avoiding the Frankfurt Surprise in the ...

January 12, 2021 in Blog by clairesheridan

Author: Wilson Wang* Jurisdiction: International Switzerland Topics: Remote Hearing Witness Examination INTRODUCTION Application of remote hearings is no big news for the community of international arbitration.[1] The technology to conduct remote hearings in international arbitration and the discretion have been there already.[2] Yet, the continuing COVID-19 pandemic has fueled the […]

Is it appropriate to conduct a remote hearing under the ...

January 7, 2021 in Blog by clairesheridan

Author: Nika Bederman* Jurisdiction: Japan Topics: Dispute Resolution and Litigation International Character of Dispute National Legislation Foreign lawyers in Japan can now play a greater role in international arbitration and mediation proceedings, thanks to the Japanese Diet’s recent amendment to the Act on Special Measures Concerning the Handling of Legal Services […]

Will the Recent Amendment to the Japanese Foreign Lawyers Act ...

January 4, 2021 in Blog by clairesheridan

Author: Mohamed Sweify* Jurisdiction: International Topics: Third-Party Funding I. ABSTRACT In response to the development of international markets, business transactions, in general, have become transnational,[1] and so have become the disputes arising therefrom.[2] Traditionally, any dispute involves two opposing parties with their respective representatives before an adjudicatory body. Each party is […]

Negotiating Funding Arrangements: Trick or Treat

December 3, 2020 in Blog by clairesheridan

Congratulations to our Advisory Board member, Claudia Salomon, who has been recommended for election as President of the ICC International Court of Arbitration! This is a historic achievement as there has never been a female President of the ICC Court since it was founded in 1923. ARIA is proud to […]

Claudia Salomon Recommended as President of the ICC Court!

December 2, 2020 in Uncategorized by clairesheridan

Author: Harshal Morwale* Jurisdiction: International Topics: ICC International Institutions and Rules Dispute Resolution and Litigation The ICC has recently published its new Rules, which are set to enter into force on 1 January 2021. The new Rules have various interesting amendments which purport to make the arbitral process more efficient.[1] […]

Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...

November 20, 2020 in Blog by clairesheridan

Author: Aarohi Chaudhuri* Jurisdiction: International Topics: ICSID Investment Disputes Sources of Arbitration Law International Institutions and Rules Investor State Dispute Settlement (ISDS) has conventionally been a mechanism for investors to bring claims against states, for violating obligations under an international investment agreement (IIA). Importantly, these obligations bind only state signatories, […]

Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...

November 16, 2020 in Blog by clairesheridan

Author: Shalaka Patil* Jurisdiction: India Topics: Arbitrability The Supreme Court in its recent decision in Avitel Post Studioz Ltd. And Ors. v. HSBC Pl Holdings Mauritius Ltd.[1] put to rest some questions surrounding the controversy of whether fraud is arbitrable in India. The short answer to this question is – […]

Why So Serious? – The Avitel Case – India, Serious ...

November 12, 2020 in Blog by clairesheridan

Author: Utkarsh Khandelwal* Jurisdiction: India China Topics: Investment Disputes BITs Relief and Remedies in General INTRODUCTION Amidst the growing border tensions between India and China, the Indian government on 29 June 2020 took a drastic step in banning fifty-six Chinese apps citing security and data privacy reasons.[1] The ban made India susceptible […]

The Tik-Tok Ban in India: Remedies Under the ISDS Regime

November 9, 2020 in Blog by clairesheridan

Author: Rayan Bhattacharya* Jurisdiction: United Kingdom Topics: Applicable Law Law Applicable to the Merits INTRODUCTION The absence of an express choice of governing law in international arbitration agreements is not an unusual occurrence. However, the appropriate approach to be adopted to determine the implied choice of governing law has provoked […]

The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...

November 3, 2020 in Blog by clairesheridan

Author: Lorenzo Martinez* Jurisdiction: International Topics: Investment Disputes Defenses In investor-state disputes arising out of measures taken by states to address the COVID-19 pandemic, the parties will have to reckon with scientific uncertainty about the virus, such as how it spreads, its symptoms, and its lethality. This is because such […]

The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...

October 27, 2020 in Blog by clairesheridan

Authors: Naimeh Masumy* and Gaurav Rai** Jurisdiction: International Topics: Contents of the Arbitration Agreement Online Arbitration The COVID-19 pandemic continues to pose challenges to the arbitral process in an unprecedented manner. It has propelled the arbitration regime across the board in which virtual hearings have predominately replaced face-to-face hearings. As […]

Key Considerations in Drafting Dispute Resolution Clause in the COVID ...

October 23, 2020 in Blog by clairesheridan