Blog

Author: Mees Brenninkmeijer* Jurisdiction: European Union Switzerland Belgium Topics: ECJ Contractual Expansion or Limitation of Judicial Review Recourse Against Award Generally   The recent sports-related decisions from the European Court of Justice (“the Court”) mark a watershed in the relationship between EU law and international arbitration. RFC Seraing v FIFA […]

Once Upon a Time in RFC Seraing: the EU Frontier ...

 in Blog  tagged Contractual Expansion or Limitation of Judicial Review / ECJ / Recourse Against Award Generally by
Author: Urvashi Misra* Khushi Mittal* Jurisdiction: International Topics: Coordination of Proceedings Consolidation of Proceedings Powers of Arbitrators   As a part of the updated rules released in 2025, the Singapore International Arbitration Centre (“SIAC”) has introduced an express provision allowing parties to opt for coordinated proceedings (“2025 SIAC Rules”). SIAC […]

Coordinated Proceedings: A logistical boon to save costs while maintaining ...

 in Blog by
Arbitration: A Flourishing Legal Institute By Sergio Bermudes (in memoriam), translated from Portuguese into English by Caetano Berenguer (partner at Bermudes Advogados, in Brazil; LL.M., Columbia Law School) and Gustavo Favero Vaughn (partner at Cesar Asfor Rocha Advogados, in Brazil; LL.M., Columbia Law School)   It is with profound respect […]

Arbitration: A Flourishing Legal Institute

 in Blog by
Author: Jeffrey, Chein-Yu Long* Jurisdiction: United States United Kingdom Hong Kong Germany France Switzerland Singapore Topics: Mediation Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Authority of the Arbitral Tribunal Dispute Resolution and Litigation I. Introduction Multi-tier dispute resolution clauses (“MDRCs”) have become increasingly common in commercial […]

A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...

 in Blog  tagged Authority of the Arbitral Tribunal / Dispute Resolution and Litigation / Jurisdiction and Powers of the Courts in Matters of Arbitration Generally / Mediation by
Author: Niraj Kumar Seth* Jurisdiction: India Topics: ADR Recourse Against Award Generally Judicial Decisions   The Supreme Court of India, in its landmark 4:1 decision in Gayatri Balasamy v. M/S ISG Novasoft Technologies Limited, delivered on April 30, 2025, has sparked fresh debate over judicial overreach in arbitration. Central to […]

A Supreme Blow to Finality of Arbitral Awards and India’s ...

 in Blog  tagged ADR / Judicial Decisions / Recourse Against Award Generally by
Author: Jeffrey, Chein-Yu Long* Jurisdiction: United States United Kingdom India France Topics: Third Parties in Arbitral Proceedings Practice and Procedure Mediation Mediators Jurisdiction and Powers of the Courts in Matters of Arbitration Generally   I. Introduction International commercial arbitration fundamentally rests on the principle of consent. The cornerstone doctrine that […]

Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...

 in Blog  tagged Jurisdiction and Powers of the Courts in Matters of Arbitration Generally / Mediation / Mediators / Practice and Procedure / Third Parties in Arbitral Proceedings by
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