Blog

Author: Vivekanandh S M* Jurisdictions: India International Topics: Designation of Arbitrator Separability Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Introduction In what came as a surprise, a five-judge bench of the Supreme Court of India ruled three-to-two that an arbitration agreement, which is part of an […]

Setting the Clock Back: Judicial Interference in the Appointment of ...

June 5, 2023 in Blog by Yue-Zhen Li

Singapore at Night — Author: Nishanth Kadur* Jurisdictions: Singapore United Kingdom International Topics: Applicable Law Arbitrability Anti-Suit Injunctions Introduction Subject-matter non-arbitrability has routinely hindered the enforcement of arbitration agreements in various jurisdictions. While cases relating to criminal law, matrimonial relationships, and consumer disputes are almost universally recognized as non-arbitrable, there is variance in the […]

Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...

May 12, 2023 in Blog by Yue-Zhen Li

Authors: Mohd Suboor* and Isra Mukhtar** Jurisdictions: International Hong Kong Singapore United Kingdom Topics: Separability Applicable Law Enforceability of Arbitration Agreements Introduction Interpreting an arbitration agreement, defining its existence, and asserting its validity all depend upon the law governed by it. Once the arbitration agreement is executed between two parties, […]

Reinforcing the Position on Governing Law of Arbitration Agreement: An ...

May 1, 2023 in Blog by Yue-Zhen Li

Author: Prerona Banerjee* Jurisdictions: International Russia Topics: Arbitral Adjudication Enforcement of Arbitral Awards Arbitral Decisions Arbitral Process Dispute Resolution and Litigation Introduction Sanctions are penalties imposed on governments or private persons to chastise a certain act or policy perpetuated or condoned by them. Such sanctions take the form of asset […]

Arbitration or Sanctions: Who Survives the Battlefield?

April 28, 2023 in Blog by Yue-Zhen Li

Agreement — Author: Layan Al Fatayri* Jurisdictions: International Topics: ADR Arbitral Process Commercial Disputes Dispute Resolution and Litigation Agreement to Arbitrate I. Introduction Merger & Acquisition (M&A) are considered challenging commercial transactions, particularly when they occur across borders and include several corporate entities and lengthy detailed agreements. From a corporate perspective, M&A […]

Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?

April 23, 2023 in Blog by Yue-Zhen Li

Author: Rana Sajjad Ahmad* Jurisdictions: International Topics: Blockchain Arbitration In light of the rather serendipitous convergence of relevant technologies that have enabled creation of complete new ecosystems, the future is coming faster than we think. Consequently, the vision of previously unthinkable digital solutions, not just products and services, such as […]

Blockchain Arbitration: Promises and Perils

March 23, 2023 in Blog by ARIA

Author: Danilo Ruggero Di Bella* Jurisdictions: International Topics: Investor-State Arbitration Procedural Rules An arbitration agreement to submit a dispute to the ICSID need satisfy no requirement other than recording in writing the consent of the parties to entrust the ICSID with the administration of their case. In investment arbitrations, parties’ […]

A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...

February 24, 2023 in Blog by ARIA

Author: Rana Sajjad Ahmad* Jurisdictions: International Topics: Arbitration Conferences “Let me tell you a story.” All of the around 20 members seated in the audience in a bright sun-lit room in downtown Chicago almost leaned in, eyes locked on the speaker, eagerly anticipating what was coming next. Then, the speaker, […]

Arbitration Story Time

February 9, 2023 in Blog / Uncategorized by ARIA

Authors: Xiaoyu Huang* Jurisdictions: United States Topics: Diversity Since 2019, the American Arbitration Association (AAA) has brought together law students, litigators, arbitrators, and ADR professionals from around the country to introduce ADR to students; to help law students obtain an in-depth understanding on this slice of the profession; and to […]

ARIA Report: AAA Diversity Student ADR Summit – Nov. 12-13, ...

February 4, 2023 in Blog / Uncategorized by ARIA

Authors: Olga Kuchmiienko & Viktor Pasichnyk* Jurisdictions: Ukraine International Topics: Enforcement of Judgments I. Introduction Issues of recovery of damages caused by the unlawful war of one state against other have become very important following the emergence of a full-scale Russian war in Ukraine. Many individuals and companies lost control […]

How Can Ukrainian Judgments Recovering War-Related Damages From Russia Be ...

January 27, 2023 in Blog by ARIA

Authors: Camilla Gambarini & Giacomo Gasparotti* Jurisdictions: Italy England & Wales Topics: Arbitration Reform I. Introduction Italian and British relations may be traced back to the ancient Roman Republic at the time of Julius Caesar’s expeditions to Britain and subsequent Roman settlements that led to the foundation of Londinium (i.e., […]

The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...

January 18, 2023 in Blog tagged Arbitration Reform by ARIA

Authors: Michael Alexander Fernández, Gustavo Favero Vaughn & Fernando Figueiredo Ponzini* Jurisdiction: Brazil Topics: Provisional Measures “[I]f arbitration is to work, national courts must stand at the ready.”[1] National courts—particularly those located at the seat of an arbitration—play an important role in safeguarding arbitration’s legitimacy and efficacy.[2] During the course […]

Provisional Measures in Aid of Arbitration in Brazil

January 9, 2023 in Blog / Uncategorized tagged Brazil / Provisional Measures by ARIA