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Author: Abayomi Okubote* Jurisdiction: International Topics: Third-Party Funding ABSTRACT The economic shockwaves of the Covid-19 pandemic is profound, and its impact is being felt from Toronto to Lagos as large swaths of the economy grind to a halt. There is and likely will continue to be a shortage in cash liquidity […]

Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...

January 28, 2021 in Blog by clairesheridan

Author: Ira Rosenberg* Jurisdiction: United States Topics: Enforcement of Arbitral Awards Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Court Decisions Suppose a foreign arbitration court, in awarding a judgement, set forth a formula for the amount owed but did not explicitly name an amount. Is the […]

Taking It Over the Finish Line: The Eleventh Circuit Suggests ...

January 25, 2021 in Blog by clairesheridan

Authors: Subhash Bhutoria,* Sima Ghaffari** & Amin Motamedi*** Jurisdiction: International Topics: Specialized Arbitration International Institutions and Rules Institutional and Administered Arbitration INTRODUCTION Disputes, in the present times, have become complex and more often than not, are time-sensitive and require field expertise. This necessity has led to the multiplication of arbitration institutions […]

Art Disputes and the Court of Arbitration for Art: Evolution ...

January 21, 2021 in Blog by clairesheridan

Author: Stefano Castoldi* Jurisdiction: International Italy Topics: Arbitrability National Legislation INTERNATIONAL TRENDS IN CORPORATE ARBITRATION AND THE ITALIAN LEGISLATION The arbitrability of corporate disputes (i.e., disputes among the “internal” stakeholders of a corporation, such as shareholders, directors and the corporation itself) varies from country to country. While some countries prohibit […]

International corporate arbitration: when the arbitration clause in a corporation’s ...

January 18, 2021 in Blog by clairesheridan

Author: Wendy Shidi Wu** Jurisdiction: International Topics: ICSID Investment Disputes International Institutions and Rules Meg Kinnear is a Vice President of the World Bank Group and the Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID). During her “tag time” with Dr. Kabir Duggal and Amanda Lee, she discussed […]

TagTime with Meg Kinnear – Tracking the Evolution of the ...

January 15, 2021 in Blog / TagTime by clairesheridan

Author: Bruno Acevedo* Jurisdiction: International Germany Topics: Online Arbitration Enforcement of Arbitral Awards Grounds for Refusal of Enforcement INTRODUCTION Since the onset of the COVID-19 pandemic, many ongoing arbitrations have had to adjust their proceedings to surmount the challenges imposed by the unprecedented global health crisis. Social distancing, travel bans, […]

Lessons from the Past: Avoiding the Frankfurt Surprise in the ...

January 12, 2021 in Blog by clairesheridan

Author: Wilson Wang* Jurisdiction: International Switzerland Topics: Remote Hearing Witness Examination INTRODUCTION Application of remote hearings is no big news for the community of international arbitration.[1] The technology to conduct remote hearings in international arbitration and the discretion have been there already.[2] Yet, the continuing COVID-19 pandemic has fueled the […]

Is it appropriate to conduct a remote hearing under the ...

January 7, 2021 in Blog by clairesheridan

Author: Nika Bederman* Jurisdiction: Japan Topics: Dispute Resolution and Litigation International Character of Dispute National Legislation Foreign lawyers in Japan can now play a greater role in international arbitration and mediation proceedings, thanks to the Japanese Diet’s recent amendment to the Act on Special Measures Concerning the Handling of Legal Services […]

Will the Recent Amendment to the Japanese Foreign Lawyers Act ...

January 4, 2021 in Blog by clairesheridan

Author: Mohamed Sweify* Jurisdiction: International Topics: Third-Party Funding I. ABSTRACT In response to the development of international markets, business transactions, in general, have become transnational,[1] and so have become the disputes arising therefrom.[2] Traditionally, any dispute involves two opposing parties with their respective representatives before an adjudicatory body. Each party is […]

Negotiating Funding Arrangements: Trick or Treat

December 3, 2020 in Blog by clairesheridan

Author: Harshal Morwale* Jurisdiction: International Topics: ICC International Institutions and Rules Dispute Resolution and Litigation The ICC has recently published its new Rules, which are set to enter into force on 1 January 2021. The new Rules have various interesting amendments which purport to make the arbitral process more efficient.[1] […]

Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...

November 20, 2020 in Blog by clairesheridan

Author: Aarohi Chaudhuri* Jurisdiction: International Topics: ICSID Investment Disputes Sources of Arbitration Law International Institutions and Rules Investor State Dispute Settlement (ISDS) has conventionally been a mechanism for investors to bring claims against states, for violating obligations under an international investment agreement (IIA). Importantly, these obligations bind only state signatories, […]

Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...

November 16, 2020 in Blog by clairesheridan

Author: Shalaka Patil* Jurisdiction: India Topics: Arbitrability The Supreme Court in its recent decision in Avitel Post Studioz Ltd. And Ors. v. HSBC Pl Holdings Mauritius Ltd.[1] put to rest some questions surrounding the controversy of whether fraud is arbitrable in India. The short answer to this question is – […]

Why So Serious? – The Avitel Case – India, Serious ...

November 12, 2020 in Blog by clairesheridan