Blog

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
Author: Layan Al Fatayri* Topics: ADR Artificial Intelligence Arbitration Online Arbitration  Arbitral Process Arbitrators and Arbitral Tribunals  International arbitration is a widely preferred method for resolving commercial and investment disputes due to its key advantages of neutrality, flexibility, and globally enforceable awards. It allows for an impartial forum, often outside […]

AI in International Arbitration: What Is the Big Deal?

 in Blog  tagged ADR / Arbitral Process / Arbitration / Arbitrators and Arbitral Tribunals / Artificial Intelligence / Online Arbitration by
Author: Alexander Grimm* Topics: Arbitration Process Commercial Disputes Contract Interpretation The volume and number of M&A transactions is at a relatively low level at the moment given the global economic background that started in 2022 and still has not recovered. But better times are likely ahead at some point. Despite fewer […]

How to Limit the Risk of Overlong Post-M&A Arbitrations & ...

 in Blog  tagged Arbitration Process / Commercial Disputes / Contract Interpretation by
Author: Urvashi Misra*, Natasha Singh** Topics: Independence and Impartiality Challenge of Arbitrators Capacity and Qualifications of Arbitrators Introduction Impartiality is one of the core principles of arbitration law, a sentiment recently echoed by the English Commercial Court in Aiteo Eastern E & P Company Limited v Shell Western Supply and Trading […]

Subject Bias – The Blurring Lines Between Practitioners and Arbitrators

 in Blog  tagged Capacity and Qualifications of Arbitrators / Challenge of Arbitrators / Independence and Impartiality by
Authors[1]: Flávio Luiz Yarshell*, Michael A. Fernández**, Gustavo Favero Vaughn*** Jurisdiction: Brazil Canada United States Topics: Discovery Specialized Arbitration International Litigation   In ZF Automotive U.S., Inc. v. Luxshare, Ltd., 596 U.S. 619 (2022), the U.S. Supreme Court resolved a circuit split regarding the availability of discovery in connection with […]

A Pathway to Obtaining Discovery in the United States in ...

 in Blog  tagged Discovery / International Litigation / Specialized Arbitration by
Author: Saloni Jaiswal*, Kabir Duggal** Jurisdiction: India  Topics: Arbitration Arbitral Process Practice and Procedure Mediation I. Introduction On June 3, 2024, the Government of India’s Ministry of Finance (Department of Expenditure’s Procurement Policy Division) issued an office memorandum entitled Guidelines for Arbitration and Mediation in Contracts of Domestic Public Procurement […]

The Way Forward: An Analysis of India’s New Guidelines for ...

 in Blog  tagged Arbitral Process / Arbitration / Mediation / Practice and Procedure by
Author: Rana Sajjad* Topics: Arbitral Process Independence and Impartiality Technology AI’s problem of control has been described as the dispassionate, almost inhumane drive to achieve the objective embedded in its algorithm. A self-driving car, for instance, does not merely need to get from point A to point B. Along the […]

Arbitrators vs Bot-rators: Can AI Make International Arbitration Fairer and ...

 in Blog  tagged Arbitral Process / Independence and Impartiality / Technology by
Author: Juan Perla* Jurisdiction: United States California New York Florida European Union France United Kingdom Canada Topics: Artificial Intelligence SVAMC International Character of Dispute Practice and Procedure On April 30, 2024, the Silicon Valley Arbitration and Mediation Center (SVAMC) published the first edition of its “Guidelines on the Use of […]

A Closer Look at the New SVAMC Guidelines for AI ...

 in Blog by