Author: Gabriel Anaya Jurisdiction: Europe Topics: ECT BITs On March 6, 2018, the Court of Justice of the European Union (CJEU) decided the landmark case of Slovak Republic v. Achmea BV. Achmea dealt with whether an intra-EU bilateral investment treaty (BIT) between the Netherlands and Slovak Republic could allow a […]
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Author: Alexander Ojugbeli Jurisdiction: International Russia Ukraine Topics: BITs Authority of the Arbitral Tribunal In May 2018, the Permanent Court of Arbitration (PCA) issued a monumental decision holding Russia accountable for expropriating assets held by Ukrainian investors in the Crimea.[1] In Everest Estate LLC v. The Russian Federation, the Tribunal […]
Crimea and the Challenge of Jurisdiction
Author: Jean Lambert Jurisdiction: United States Canada Mexico Topics: USMCA NAFTA Investment Disputes Last month, the US, Canada, and Mexico announced the terms of the “new NAFTA’, the USMCA; a renegotiated trade deal at the insistence of US President Donald Trump.[1] Under NAFTA, citizens of Canada, Mexico, or the US […]
US-MCA Differences between Arbitration Agreements with Canada, Mexico, and the ...
Author: Deeksha Malik* Jurisdiction: India International Topics: Agreement to Arbitrate Existence and Validity of Agreement to Arbitrate In 2009, the Supreme Court of India, in the case of MR Engineers & Contractors Pvt. Ltd. v. Som Datt Builders Pvt. Ltd.,[1] dealt with a situation where the arbitration clause contained in […]
A Cautious Acceptance of Incorporation of Arbitration Clause by General ...
Author: Eyvana Maria Bengochea Jurisdiction: Europe Topics: BITs Investment Disputes On March 6, 2018, the Court of Justice of the European Union (“CJEU”) issued the first precedent in regards to arbitration clauses within intra-EU Bilateral Investment Treaties (“BITs”) and EU law.[1] In the highly anticipated judgment of Slovak Republic v. […]
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
Author: Iryna Malakhouskaya Jurisdiction: International Topics: Other Business-related human rights violations have been posing a challenging question for a long time. Since many national courts do not have procedures for redressing business-related human rights violations as well as international courts have not found a proper way to deal with these […]
International Arbitration as a Potential Forum for Business-Related Human Rights ...
Author: Madison Grant Jurisdiction: United States California Topics: Other In the world of international arbitration, it is clear – California is not among the most frequently or widely used seats of arbitration. This reality is in many ways mind boggling. California has a well-developed, stabile, and reliable legal structure conducive […]
Why is California So Behind in International Arbitration and Is ...
Written by: Amanda Eller On February 6th, 2018, the Columbia Center on Sustainable Development partnered with the International Institute for Environment and Development to host a webinar discussing how civil society groups can address human rights issues, environmental issues, and other community concerns in investor-state arbitrations.[1] This webinar was specifically […]
Webinar: Civil Society Submissions in Investor-State Arbitration: Do They Work?
Authors: Tianshu (Susan) Lu and Yisha He Jurisdiction: China Topics: Other The One Belt One Road Initiative (OBOR) is China’s recent development strategy aiming at increasing the country’s economy integration and financial collaboration with the Eurasia area. The project includes investments in the infrastructural and transportation projects in over sixty countries […]
Recent Developments In China’s Cross-border Dispute Resolution Under the “Belt ...
Written by: Nicole O’Donnell Arbitration has long been used in the Middle East as a key method to dispute resolution. “In the Pre-Islamic Arab Community, self-help tended to be the most relied upon form of dispute resolution.”[1] If self-help mechanisms failed, a “hakam (an arbitrator)” was appointed, and “the parties […]
International Commercial Arbitration in the Middle East
Written by: Norman Zhang Patent litigation is an essential yet loathsome process undertaken by any firm with valuable intellectual property, ranging from multinational corporations to small domestic businesses. Whoever the party, it is safe to say no defendant or claimant enjoys a process where 30% to 50% of patent construction […]
Solving Patent Disputes via International Arbitration: A Better Alternative?
Written by: Matthew Liptrot On October 31st, the Columbia Center on Sustainable Investment and the Columbia International Arbitration Association hosted Jan Dalhuisen for a discussion entitled “Are International Arbitrators Judges or Juries.” The lecture was a part of the EU Judges Visit Columbia Law School program. Mr. Dalhuisen sought to […]