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Author: Jorge Luis Manrique de Lara Seminario* Jurisdiction: United States Topics: Investment Disputes WTO Tariffs   An important discussion has arisen regarding the choice of applicable law to the arbitration agreement when parties didn’t make an express election of that law. This issue arose from the doctrine of separability, according to […]

What Should Be the Applicable Law to Arbitration Agreements?

 in Blog  tagged Investment Disputes / Tariffs / WTO by
Author: Qi Zhang* Jurisdiction: China United States Topics: Sovereign Immunity Enforcement of Arbitral Awards International and Transnational Law   The Global Context of State Immunity Reform The global legal landscape has undergone a significant transformation in recent decades, with a majority of states adopting restrictive immunity principles to distinguish between sovereign […]

China’s Procedural Innovations in State Immunity: A Comprehensive Analysis of ...

 in Blog  tagged Enforcement of Arbitral Awards / International and Transnational Law / sovereign immunity by
Authors: Manu Sanan*, Jay Malwade** Jurisdiction: India Bangladesh Topics: Investment Disputes International Litigation Treaty Interpretation   In August 2024, a violent uprising in Bangladesh (dubbed the ‘Monsoon Revolution’) led to a political regime change, ending the fifteen-year term of Bangladesh’s previous Prime Minister. Taking stock of Bangladesh’s economy on priority, […]

Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the ...

 in Blog  tagged International Litigation / Investment Disputes / Treaty Interpretation by
Authors: Gabriel Ortega* Topics: Investment Disputes  Losses of Future Profits Unlawful Expropriation 1. Introduction The entitlement to compensation for losses of future profits in cases of unlawful expropriation, particularly when the investment is a going concern, remains one of the most fascinating yet contentious issues in the Investor-State Dispute Settlement […]

Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...

 in Blog  tagged Investment Disputes / Losses of Future Profits / Unlawful Expropriation by
Authors: Ketan Gaur*, Neil Chatterjee**, Nidhisha Garg*** Jurisdiction: India Topics: Agreement to Arbitrate Formal Requirements Incorporation by Reference   In a bid to promote the resolution of disputes through arbitration, there has been a push towards the incorporation of arbitration agreements in contracts executed between public-sector undertakings and private parties. […]

To Incorporate or Not? Arbitration Clauses in Indian Government and ...

 in Blog  tagged Agreement to Arbitrate / Formal Requirements / Incorporation by Reference by
Authors: Peter Doraisamy, FCIArb*, Pranav V. Kamnani** Jurisdiction: Singapore Topics: International Institutions and Rules Institutional and Administered Arbitration Practice and Procedure   The Singapore International Arbitration Centre (SIAC) has unveiled the 7th edition of its Arbitration Rules, which came into effect on 1 January 2025 and will apply to any […]

New Year, New Rules: Highlighting 10 Key Features of the ...

 in Blog  tagged Institutional and Administered Arbitration / International Institutions and Rules / Practice and Procedure by
Authors: Ata Türkfiliz* Jurisdiction: United States India Topics: Enforcement of Arbitral Awards Sovereign Immunity ICC  Procedure for Enforcement   The Devas-Antrix saga stands as one of the most significant international space disputes, raising essential questions about sovereign immunity, international arbitration, and the enforcement of arbitral awards. It involves the Indian […]

Devas-Antrix Saga: A New Hope – Amici Curiae Brief

 in Blog  tagged Enforcement of Arbitral Awards / ICC / Procedure for Enforcement / sovereign immunity by
Authors: Ana Sofia Monteiro Signorelli*, Carolina da Fonte**, Gustavo Favero Vaughn*** Topics: Investment Disputes BITs Corruption Corruption is today one of the greatest challenges facing international commerce and has serious detrimental effects on markets, efficiency, and public welfare.[1] Introduction Corruption has long been recognized as problematic when present in transactions […]

Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...

 in Blog  tagged BITs / Corruption / Investment Disputes by
Authors: Samir Malik*, Mohammad Shahan Ulla**, Himani Yadav***, Aryan Mehta**** Jurisdiction: India United Arab Emirates Topics: BITs International and Transnational Law Third-Party Funding India has emerged as an attractive destination for foreign investment, ranking as the 15th largest recipient of foreign direct investment (“FDI”) in 2023. Following the termination of […]

India–UAE Bilateral Investment Treaty 2024: Breaking New Ground or Following ...

 in Blog  tagged BITs / International and Transnational Law / Third-Party Funding by
Authors: Shelal Lodhi Rajput* Jurisdiction: Russia Ukraine United Kingdom Topics: Arbitral Awards Bias In a world where borders blur and economies intertwine, the ripples of political decisions travel far beyond their points of origin. Notably, the repercussions of geopolitical tensions extend far beyond borders, infiltrating even the most sacrosanct domains of […]

Impartiality or Nationalism? Unpacking the Russian Supreme Court’s Ruling and ...

 in Blog  tagged Arbitral Awards / Bias by
Authors: Cesar Pereira C.Arb FCiarb*, Leonardo F. Souza-McMurtrie**, Lorenzo Galan*** Topics: Applicable Law International Character of Dispute Contract Interpretation Commercial Disputes States as Parties International Litigation   Introduction The 2024-2025 Vis Moot Problem highlighted an issue that is not always obvious. When governments buy goods internationally, they conclude international sales potentially […]

Government Contracts and the CISG: Frenemies?

 in Blog  tagged Applicable Law / Commercial Disputes / Contract Interpretation / International Character of Dispute / International Litigation / States as Parties by