Blog Posts

Authors: Camilla Gambarini & Giacomo Gasparotti* Jurisdictions: Italy England & Wales Topics: Arbitration Reform I. Introduction Italian and British relations may be traced back to the ancient Roman Republic at the time of Julius Caesar’s expeditions to Britain and subsequent Roman settlements that led to the foundation of Londinium (i.e., […]

The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...

January 18, 2023 in Blog tagged Arbitration Reform by ARIA

Authors: Michael Alexander Fernández, Gustavo Favero Vaughn & Fernando Figueiredo Ponzini* Jurisdiction: Brazil Topics: Provisional Measures “[I]f arbitration is to work, national courts must stand at the ready.”[1] National courts—particularly those located at the seat of an arbitration—play an important role in safeguarding arbitration’s legitimacy and efficacy.[2] During the course […]

Provisional Measures in Aid of Arbitration in Brazil

January 9, 2023 in Blog / Uncategorized tagged Brazil / Provisional Measures by ARIA

Author: Parv Lodha* Jurisdiction: International Topics: Specific Performance Specific relief as a remedy in international disputes is not a practice often written about or deliberated upon – an observation several experts have made. Ewan McKendrick and Iain Maxwell, in their article “Specific Performance in International Arbitration,” complain about how the […]

Specific Relief in International Arbitration

January 3, 2023 in Blog tagged Specific Performance by ARIA

Author: Mansour Vesali Mahmoud* Jurisdiction: International Topics: Sports Arbitration The Court of Arbitration for Sport (“CAS”) has been set up with a view to precluding national courts from intervening in sport disputes. The CAS works by reference to the Code of Sports-related Arbitrations (“CAS Code”) which has been amended […]

Proposals to Amend the Code of the Court of Arbitration ...

November 23, 2022 in Blog tagged Sports Arbitration by ARIA

The American Review of International Arbitration is currently soliciting manuscripts of articles for possible publication. Accepted contributions present novel ideas and solutions relating to international arbitration. We welcome works by scholars, practitioners, and other professionals with knowledge of the international arbitration field. We also invite student authors to submit Notes […]

Call for Submissions

November 22, 2022 in Blog by ARIA

Author: Rana Sajjad Ahmad* Jurisdiction: International Topics: Technology The digitalization of conferences was accelerated amidst the Covid-19 pandemic that spawned the birth or rather rebirth of the webinar. In the absence of in-person conferences, it was widely adopted by the international arbitration community also as a viable alternative to in-person […]

Reimagining Webinars

October 24, 2022 in Blog tagged Technology by ARIA

Authors: Judy Wang & Xiaoyu Huang* Jurisdiction: Brazil United States Topics: ADR Remote Hearings Confidentiality Evidence Discovery Independence & Impartiality Annulment The conference entitled “Arbitration in Two Worlds,” hosted over two days on Aug. 26 and 27, brought together scholars, practitioners, and students for […]

ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...

October 21, 2022 in Blog by 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 ...

October 16, 2022 in Blog tagged Confidentiality / international by ARIA

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

July 20, 2022 in Blog tagged international / Investment Arbitration / Umbrella Clauses by ARIA

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 ...

June 20, 2022 in Blog tagged Arbitral Procedure / Arbitration Rules / Investment Disputes / Recognition and Enforcement by ARIA

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 ...

June 3, 2022 in Blog tagged Applicable Law / Arbitration Agreement / Non-Signatories by ARIA

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 ...

May 31, 2022 in Blog tagged Confidentiality / Due Process Paranoia / Technology by ARIA