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Authors: Syamantak Sen* and Aadya Bansal** Jurisdiction: India Topics: Jurisdiction and Powers of the Courts in Matters of Arbitration Generally National Legislation Bankruptcy of a Party Court Decisions New York Convention In Agrocorp Int’l Private (PTE) Ltd. v. Nat’l Steel and Agro Indus.[1], an insolvency petition was filed by the […]

Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?

August 21, 2020 in Blog by Claire Sheridan

Authors: Niyati Ahuja* and Naimeh Masumy** Jurisdiction: Europe Topics: Authority of the Arbitral Tribunal Mandatory Rules International Character of Dispute In May 2018, the European Union amended its blocking regulations to counteract the extraterritorial reach of the recently re-imposed sanctions by the United States.[1] The blocking regulations were instituted to […]

The Role of Blocking Regulations in International Arbitration: A Ground ...

August 18, 2020 in Blog by Claire Sheridan

Author: Parth Tyagi* Jurisdiction: International Topics: Experts Powers of Arbitrators Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals I. INTRODUCTION Party-appointed experts play an essential part in the arbitral proceedings, by providing their valuable expertise to the tribunal about topics beyond the tribunal’s specialization. However, in practical terms, their […]

Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...

August 14, 2020 in Blog by Claire Sheridan

Author: Martin Kwan* Jurisdiction: Canada United States Topics: Contents of the Arbitration Agreement Enforceability of Arbitration Agreements Existence and Validity of Agreement to Arbitrate Jurisdiction and Powers of the Courts in Matters of Arbitration Generally In a recent case, Uber Technologies Inc. v. Heller, the Supreme Court of Canada debated […]

Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...

August 11, 2020 in Blog by Claire Sheridan

Author: Satyajit Bose* Jurisdiction: International Topics: ICSID Investment Disputes Enforcement of Arbitral Awards Arbitral Awards In response to the outbreak of the Novel Coronavirus (“Covid-19”), States across the world have enacted a series of extra-ordinary measures. These range from social distancing guidelines and economic shutdowns to more controversial measures, such […]

Police Powers as a Defence to COVID-19 Liability: Does it ...

August 6, 2020 in Blog by Claire Sheridan

Author: Sathvik Chandrashekar* Jurisdiction: India Topics: Enforcement of Arbitral Awards Grounds for Refusal of Enforcement Court Decisions Much has been written about the Indian Supreme Court’s judgment in NAFED v. Alimenta S.A.[1] The judgment has sparked well-justified criticism for broadening the use of the “public policy” ground for refusing the […]

The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...

July 21, 2020 in Blog by Claire Sheridan

Authors: Smriti Shukla* and Yash Raj** Jurisdiction: International Topics: Arbitral Process Confidentiality Delivery and Receipt of Communications Electronic Documents International Character of Dispute National Legislation Online Arbitration Responsibility of Parties INTRODUCTION With the onset of COVID-19, the world has gone virtual, and thus so have arbitral proceedings. Indeed, this new opportunity […]

International Arbitration: A Miscellany of Data Protection Regimes and its ...

July 15, 2020 in Blog by Claire Sheridan

Author: Kishan Gupta Jurisdiction: International Topics: International Institutions and Rules Powers of Arbitrators Practice and Procedure Time Limits INTRODUCTION In recent times, those involved in international commerce have been greatly dissatisfied with the lengthy delays involved in obtaining an arbitral award. Complaints about the overly-sophisticated procedures suffocated by a plenitude […]

The Perceived Tension Between Party Autonomy and Expedited Procedure Under ...

April 16, 2019 in Blog by ARIA

Author: Noah Sosnick Jurisdiction: International Topics: ICSID International Institutions and Rules ADR Investment Disputes Practice and Procedure Third Parties in Arbitral Proceedings On March 15, the International Centre for Settlement of Investment Disputes (ICSID) released its most recently updated proposals for amendment of the ICSID Rules.[1] According to ICSID, the […]

ICSID Rules Amendments: Two Major Proposed Reforms and Reactions from ...

March 29, 2019 in Blog by ARIA

Author: Saarthak Jain Jurisdiction: International Topics: Investment Disputes States as Parties Practice and Procedure Investor-state arbitrations have been generally viewed as a “one-way street”,[1] which provide foreign investors an international forum to address their grievances. The privileged position given to investors in this framework has created incentives for commercial actors […]

Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...

March 26, 2019 in Blog by ARIA

Author: Yarden Hodes Jurisdiction: China Topics: Choice of Forum/Place of Proceedings Investment Disputes Dispute Resolution and Litigation ADR China’s trillion-dollar infrastructure and development project, the One Belt One Road (OBOR) initiative, raises new and significant questions on the nature of international arbitration, and who controls specific dispute resolution issues. The […]

Forum Shopping: The One Belt One Road Initiative

March 12, 2019 in Blog by ARIA

Author: Zhen Qin Jurisdiction: International Topics: Technology Confidentiality As a general matter, the use of technology in the legal industry is no longer out of the ordinary,[1] yet, recently, an emerging generation of technological tools are playing increasingly important roles in the legal profession.[2] In particular, the unique features of […]

The Use of New Technologies in International Arbitration

February 25, 2019 in Blog by ARIA