Blog Posts

Author: Aida Bektasheva * Jurisdictions: Central Asia International Topics: BITs Investment Disputes National Legislation INTRODUCTION Foreign direct investment (FDI) inflow into the Central Asia region (Uzbekistan, Kazakhstan, Tajikistan, Kyrgyzstan, and Turkmenistan) has significantly increased since the collapse of the Soviet Union. The region’s inward FDI stock totals $211 billion; in 2021, […]

ВITs in Central Asia: Opportunities and Risks

October 10, 2023 in Blog by Yue-Zhen Li

Author: Nidhi Kulkarni * Jurisdictions: International Topics: Dispute Resolution and litigation Climate Change Law INTRODUCTION In March 2023, the Intergovernmental Panel on Climate Change finalized its Synthesis Report[1] for the Sixth Assessment Report during its 58th session in Switzerland. Drawing from the three Working Group Reports[2] and three Special Reports,[3] […]

What Role Does Dispute Resolution Have in Tackling Climate Change?

September 28, 2023 in Blog by Yue-Zhen Li

Author: Rana Sajjad* The notice of arbitration has been filed with the “Independent and Neutral Arbitration Center” headquartered in the “City of Justice.” The governing law is “Most Modern Law,” and the seat of arbitration is “Pro-Arbitration Courts City.” The Claimant, “Dreams Do Come True,” a theme park located […]

Metaverse’s First Arbitration Proceeding

September 25, 2023 in Blog by Yue-Zhen Li

Author: Ayush Kumar* Jurisdictions: International Topics: BITs Investment Disputes ICSID The Growing Energy Demand and Implications for Climate Change Global energy demand is projected to increase by 1.3% annually by 2040 unless efficiency improvements and climate policy changes intervene. While well below the remarkable 2.3% growth seen in 2018, […]

ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...

September 22, 2023 in Blog by Yue-Zhen Li

Author: Charvi Krishna* Jurisdictions: International Topics: Arbitrability Enforcement of Arbitral Awards Arbitral Adjudication I. INTRODUCTION It is accepted that with the rise in global economic growth, there is also a rise in geopolitical issues. Owing to these issues, one or more countries impose economic sanctions and financial penalties against […]

Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?

July 19, 2023 in Blog by Yue-Zhen Li

Author: Megha Chaturvedi* Jurisdictions: United Kingdom Singapore International Topics: UNCITRAL Rule Confidentiality Arbitral Process “Do I believe in arbitration? I do. But not in arbitration between the lion and the lamb, in which the lamb is in the morning found inside the lion.” —Samuel Gompers INTRODUCTION The contractual preconditions […]

Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...

July 18, 2023 in Blog by Yue-Zhen Li

Author: Ramkrishna Veerendra* Jurisdictions: United States Mexico Topics: Enforcement of Arbitral Awards Grounds for Refusal of Enforcement Citation: Corporación Mexicana de Mantenimiento Integral, S. de R.L. de C.V. v. Pemex Exploración y Producción, 832 F.3d 92 (2d Cir. 2016) The case Comissa v. PEMEX from the U.S. Court of Appeals, Second […]

Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...

June 29, 2023 in Blog by Yue-Zhen Li

Author: Kanishka Bhukya* Jurisdictions: India International Topics: Arbitrability Competition and Antitrust Commercial Disputes Introduction Several national courts have considered whether competition law issues can be settled through arbitration. Although the case law in the European Union (E.U.), the United States (U.S.), and the United Kingdom (U.K.) typically favors a favorable […]

Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication

June 23, 2023 in Blog by Yue-Zhen Li

Author: Rishav Ray* Jurisdictions: India International Topics: Arbitral Awards Enforcement of Arbitral Awards Grounds for Refusal of Enforcement INTRODUCTION As trade becomes increasingly globalized, disputes have evolved into cross-border issues that transcend national boundaries. To steer clear of getting trapped between the conflict of laws and to avoid the dilemma […]

Assessing the Public Policy Exception and Comparative Perspectives in Enforcing ...

June 14, 2023 in Blog by Yue-Zhen Li

Author: Hannepes Taychayev Jurisdictions: Central Asia International Topics: Investment Disputes Corruption INTRODUCTION On 5 May 2023, Oxford University hosted an online book discussion dedicated to the recently published book, International Investment Law and Investor-State Disputes in Central Asia: Emerging Issues, edited by Kiran Nasir Gore, Elijah Putilin, Kabir Duggal, and […]

Event Report: Exploring International Investment Law and Disputes in Central ...

June 12, 2023 in Blog by Yue-Zhen Li

Authors: Georg Scherpf*, Antonios Politis**, and Benedikt Kaneko*** Jurisdictions: Germany International Topics: Arbitral Process Dispute Resolution and Litigation Third Parties in Arbitration Multiple Parties Enforceability of Arbitration Agreements Introduction For cross-border projects and global business relationships, arbitration is understood as resolving disputes once and for “all.” The finality may often […]

Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...

June 9, 2023 in Blog by Yue-Zhen Li

Author: Vivekanandh S M* Jurisdictions: India International Topics: Designation of Arbitrator Separability Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Introduction In what came as a surprise, a five-judge bench of the Supreme Court of India ruled three-to-two that an arbitration agreement, which is part of an […]

Setting the Clock Back: Judicial Interference in the Appointment of ...

June 5, 2023 in Blog by Yue-Zhen Li