Blog

Author: Ayush Kumar* Jurisdictions: International Topics: BITs Investment Disputes ICSID The Growing Energy Demand and Implications for Climate Change Global energy demand is projected to increase by 1.3% annually by 2040 unless efficiency improvements and climate policy changes intervene. While well below the remarkable 2.3% growth seen in 2018, […]

ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...

September 22, 2023 in Blog by ARIA Blog

Author: Charvi Krishna* Jurisdictions: International Topics: Arbitrability Enforcement of Arbitral Awards Arbitral Adjudication I. INTRODUCTION It is accepted that with the rise in global economic growth, there is also a rise in geopolitical issues. Owing to these issues, one or more countries impose economic sanctions and financial penalties against […]

Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?

July 19, 2023 in Blog by ARIA Blog

Author: Megha Chaturvedi* Jurisdictions: United Kingdom Singapore International Topics: UNCITRAL Rule Confidentiality Arbitral Process “Do I believe in arbitration? I do. But not in arbitration between the lion and the lamb, in which the lamb is in the morning found inside the lion.” —Samuel Gompers INTRODUCTION The contractual preconditions […]

Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...

July 18, 2023 in Blog by ARIA Blog

Author: Ramkrishna Veerendra* Jurisdictions: United States Mexico Topics: Enforcement of Arbitral Awards Grounds for Refusal of Enforcement Citation: Corporación Mexicana de Mantenimiento Integral, S. de R.L. de C.V. v. Pemex Exploración y Producción, 832 F.3d 92 (2d Cir. 2016) The case Comissa v. PEMEX from the U.S. Court of Appeals, Second […]

Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...

June 29, 2023 in Blog by ARIA Blog

Author: Kanishka Bhukya* Jurisdictions: India International Topics: Arbitrability Competition and Antitrust Commercial Disputes Introduction Several national courts have considered whether competition law issues can be settled through arbitration. Although the case law in the European Union (E.U.), the United States (U.S.), and the United Kingdom (U.K.) typically favors a favorable […]

Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication

June 23, 2023 in Blog by ARIA Blog

Author: Rishav Ray* Jurisdictions: India International Topics: Arbitral Awards Enforcement of Arbitral Awards Grounds for Refusal of Enforcement INTRODUCTION As trade becomes increasingly globalized, disputes have evolved into cross-border issues that transcend national boundaries. To steer clear of getting trapped between the conflict of laws and to avoid the dilemma […]

Assessing the Public Policy Exception and Comparative Perspectives in Enforcing ...

June 14, 2023 in Blog by ARIA Blog

Author: Hannepes Taychayev Jurisdictions: Central Asia International Topics: Investment Disputes Corruption INTRODUCTION On 5 May 2023, Oxford University hosted an online book discussion dedicated to the recently published book, International Investment Law and Investor-State Disputes in Central Asia: Emerging Issues, edited by Kiran Nasir Gore, Elijah Putilin, Kabir Duggal, and […]

Event Report: Exploring International Investment Law and Disputes in Central ...

June 12, 2023 in Blog by ARIA Blog

Authors: Georg Scherpf*, Antonios Politis**, and Benedikt Kaneko*** Jurisdictions: Germany International Topics: Arbitral Process Dispute Resolution and Litigation Third Parties in Arbitration Multiple Parties Enforceability of Arbitration Agreements Introduction For cross-border projects and global business relationships, arbitration is understood as resolving disputes once and for “all.” The finality may often […]

Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...

June 9, 2023 in Blog by ARIA Blog

Author: Vivekanandh S M* Jurisdictions: India International Topics: Designation of Arbitrator Separability Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Introduction In what came as a surprise, a five-judge bench of the Supreme Court of India ruled three-to-two that an arbitration agreement, which is part of an […]

Setting the Clock Back: Judicial Interference in the Appointment of ...

June 5, 2023 in Blog by ARIA Blog

Singapore at Night — Author: Nishanth Kadur* Jurisdictions: Singapore United Kingdom International Topics: Applicable Law Arbitrability Anti-Suit Injunctions Introduction Subject-matter non-arbitrability has routinely hindered the enforcement of arbitration agreements in various jurisdictions. While cases relating to criminal law, matrimonial relationships, and consumer disputes are almost universally recognized as non-arbitrable, there is variance in the […]

Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...

May 12, 2023 in Blog by ARIA Blog

Authors: Mohd Suboor* and Isra Mukhtar** Jurisdictions: International Hong Kong Singapore United Kingdom Topics: Separability Applicable Law Enforceability of Arbitration Agreements Introduction Interpreting an arbitration agreement, defining its existence, and asserting its validity all depend upon the law governed by it. Once the arbitration agreement is executed between two parties, […]

Reinforcing the Position on Governing Law of Arbitration Agreement: An ...

May 1, 2023 in Blog by ARIA Blog

Author: Prerona Banerjee* Jurisdictions: International Russia Topics: Arbitral Adjudication Enforcement of Arbitral Awards Arbitral Decisions Arbitral Process Dispute Resolution and Litigation Introduction Sanctions are penalties imposed on governments or private persons to chastise a certain act or policy perpetuated or condoned by them. Such sanctions take the form of asset […]

Arbitration or Sanctions: Who Survives the Battlefield?

April 28, 2023 in Blog by ARIA Blog