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 […]
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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
Author: Aaron J. Crowell Jurisdiction: United States Topics: Arbitrability Court Decisions Jurisdiction and Powers of the Courts in Matters of Arbitration Generally This January the Supreme Court decided Henry Schein v. Archer & White Sales, Inc.[1]Taking up an issue that’s over thirty years in the pen, Schein broadly addressed when […]
What did the 2018-2019 Supreme Court Term mean for the ...
Author: Kathleen Stanaro Jurisdiction: International Topics: Other Although tribunals have traditionally shied away from determining human rights issues,[1] there are many ways in which human rights concerns affect and may be affected by international arbitration. Where the terms of a contract dictate a broader jurisdiction, for example, “jurisdiction over all […]
The Evolving Role of Human Rights in International Arbitration
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 […]
The Post-Achmea EU: Uncertainty in the Face of Change
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 […]