Blog Posts

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 ...

 in Blog  tagged Applicable Law / Arbitration Agreement / Non-Signatories by
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 ...

 in Blog  tagged Confidentiality / Due Process Paranoia / Technology by
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

 in Blog by
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

 in Blog by
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

 in Blog by
Author: Sampurna Mukherjee* Jurisdiction: India International   Topics: Arbitration Clauses Arbitrators and Arbitral Tribunals Jurisdiction of Tribunals     I. INTRODUCTION There can be no doubt that today, the preference, adoption and practice of arbitration as an alternative to traditional litigation, has positively flourished in different jurisdictions across the world through […]

Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...

 in Uncategorized by
Author: Ahan Gadkari* Jurisdiction: India   Topics: Appointment of Arbitrators Arbitrators and Arbitral Tribunals Domestic Proceedings in Arbitration     Abstract Party autonomy has significant importance in any arbitration proceeding. One of the most important aspects of party autonomy is that the parties can select their own procedure for arbitration. Indian […]

Single-Party Arbitrator Nomination as a Ground of Annulment in India

 in Blog by
Authors: Sakshi Srivastava* Jurisdictions: India Topics: Third-Party Funding Domestic Arbitration Law   Third Party Funding In India Third Party funding (hereinafter referred to as TPF) is essentially a new package for an old gift, i.e., Maintenance and Champerty. Champerty has been a conventional practice followed in Indian litigation wherein a […]

Third Party Funding In Arbitration In India

 in Blog by
Authors: Christian Johannes Wahnschaffe* and Edward Rensmann** Jurisdictions: International European Union Topics: Investment Disputes Energy Charter Treaty (ECT) EU Law   There was turmoil amongst arbitration practitioners when the European Court of Justice (“ECJ”) rendered its Achmea decision in 2018.[1] There, the ECJ found the dispute settlement provisions in a […]

Lights Out for the Energy Charter Treaty? The ECJ’s Next ...

 in Blog by