Blog Posts

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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Aditya Singh: The Power of an Arbitral Tribunal to Grant Anti-Suit Injunctions Against Third-Party Interests
Author: Aditya Kumar Singh* Jurisdiction: International India Topics: Anti-Suit Injunctions Arbitral Process Third Parties Interim Measures of Protection Introduction Though the earlier version of the UNCITRAL Model Law provided for the arbitral tribunal’s power to grant interim measures, it did not elaborate upon the scope and manner for the exercise […]

The Power of an Arbitral Tribunal to Grant Anti-Suit Injunctions ...

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Author: Aditya Gogna** Jurisdiction: International United States Topics: Arbitrability Jurisdiction and Powers of the Courts in Matters of Arbitration Generally This post summarizes Dr. Julie Bédard’s discussion with Dr. Kabir Duggal and Amanda Lee on Delos Dispute Resolution’s TagTime series regarding arbitrability in international arbitration.[1] The discussion focused on the […]

TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...

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Author: Wilson Wang* Jurisdiction: International Topics: Arbitral Process Confidentiality Hearing Online Arbitration Practice and Procedure On the afternoon of March 12, 2021, Columbia Arbitration Day hosted a panel debate on “Confidentiality, Transparency, and In-Person Hearings – Does a right to an in-person hearing exist in international arbitration?” The debate featured Rahim […]

Columbia Arbitration Day 2021 — Confidentiality, Transparency, and In-Person Hearings: ...

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Author: Natália Rincon* Jurisdiction: International Topics: Authority of the Arbitral Tribunal Powers of Arbitrators Columbia Arbitration Day 2021 featured a panel discussion on “Allegations of Corruption in International Arbitration – Key Issues”. The session was moderated by Dr. Kabir Duggal and broken into four presentations by Sophie Nappert,[1] Ari MacKinnon,[2] […]

Columbia Arbitration Day 2021 – Allegations of Corruption in International ...

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Introduction Panel 1 – Human Rights and Environmental Disputes in International Arbitration Panel 2 – Reforming Investment Arbitration: Working Group III and ECT Panel 3A – From Promise to Practice: How to Raise the Bar for Diversity in International Arbitration? Panel 3B – Technology in Arbitration and the Advent of […]

Columbia Arbitration Day 2020

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Author: Nika Bederman* Jurisdiction: United States Topics: Discovery On March 22, 2021, the United States Supreme Court granted certiorari in Servotronics Inc. v. Rolls-Royce PLC, in which Servotronics challenged the Seventh Circuit’s decision to reject discovery pursuant to 28 U.S.C. §1782 in a private arbitration.[1] The Supreme Court’s decision will resolve […]

The Significance of Servotronics in Determining Discovery Procedures in Private ...

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