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Authors: Sakshi Srivastava* Jurisdictions: India Topics: Third-Party Funding Domestic Arbitration Law Third Party Funding In India Third Party funding (hereinafter referred to as TPF) is essentially a new package for an old gift, i.e., Maintenance and Champerty. Champerty has been a conventional practice followed in Indian litigation wherein a […]

Third Party Funding In Arbitration In India

March 21, 2022 in Blog by ARIA

Authors: Ryan Mellske and Enning Chang[1] Jurisdictions: International United States Topics: Discovery in Aid of Arbitration Procedure Arbitral Process Domestic Arbitration Law “We must go back to the time Congress enacted the statute and discern its meaning from that point in the past.”[2] In 1964, the United States […]

The Popular Meaning of “Foreign or International Tribunal” in ...

March 17, 2022 in Blog by ARIA

Author: Yiwei Lu* Jurisdiction: International Topics: Arbitral Process Confidentiality Hearing Online Arbitration Practice and Procedure This is the first of a series of blog posts on Columbia Arbitration Day 2022 and covers the keynote speech and the first panel. Columbia Arbitration Day took place this year on March 4, […]

Columbia Arbitration Day 2022: Diversity in International Arbitration and Perspectives ...

March 14, 2022 in Blog / Columbia Arbitration Day by ARIA

Authors: Christian Johannes Wahnschaffe* and Edward Rensmann** Jurisdictions: International European Union Topics: Investment Disputes Energy Charter Treaty (ECT) EU Law There was turmoil amongst arbitration practitioners when the European Court of Justice (“ECJ”) rendered its Achmea decision in 2018.[1] There, the ECJ found the dispute settlement provisions in a […]

Lights Out for the Energy Charter Treaty? The ECJ’s Next ...

February 15, 2022 in Blog by ARIA

Author: Amanda J. Lee[1] Jurisdictions: United States England and Wales Topics: Diversity Young Lawyer Rule Procedure States as Parties “Old lawyers never die—they just lose their appeal.”[2] The counsel of today are the arbitrators of tomorrow.[3] Yet one cannot become a great advocate, or, in due course, a great […]

Championing the Junior Arbitration Advocate: What Can Arbitration Learn ...

February 10, 2022 in Blog by ARIA

Author: Camila Maceda Simão* Jurisdictions: Brazil Topics: Securities Arbitration Arbitrability Contractual or Consensual Basis of Arbitration Recent corruption scandals and improper corporate practices involving Brazilian publicly-held companies[1] have caused a rise in securities arbitrations brought by minority shareholders against the companies and/or the controlling shareholders.[2] While said arbitrations are still […]

Overview of Securities Arbitration in Brazil: Challenges and Developments

December 15, 2021 in Blog by ARIA

Author: Aditya Marwah* Jurisdictions: India Topics: Party Autonomy Damages in Arbitration Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Arbitration Awards The Supreme Court of India has held that an arbitral tribunal, as a creature of contract between the parties, is not empowered to award pendente lite […]

Pendente Lite Interest and Future Interest Cannot be Awarded by ...

December 9, 2021 in Blog by ARIA

Author: Ashish Virmani[1] Jurisdictions: United States International Topics: Evidence Arbitration Agreement Domestic Proceedings in Arbitration Interim Measures of Protection Executive Summary Much of the debate before the courts in the United States pertaining to discovery and assistance under 28 U.S.C. § 1782 has been about whether “a foreign or […]

Using 28 U.S.C. § 1782 to Assist a Private International ...

December 6, 2021 in Blog by ARIA

Author: Kruthi Venkatesh* Jurisdictions: International Topics: NAFTA Denial of Justice Fair and Equitable Treatment (FET) Due Process In an unprecedented finding, the arbitral tribunal under the North American Free Trade Agreement (“NAFTA”) made a positive finding on a denial of justice claim by a Canadian investor against Mexico. This is […]

Lion Mexico Consolidated v. Mexico: An Unprecedented Finding of Denial ...

December 3, 2021 in Blog by ARIA

Author: Tarang Agarwal* Jurisdictions: India Topics: Arbitration Legislation UNCITRAL Model Law Arbitral Process Post-Award Remedies In a judgment passed in the case of Ratnam Sudesh Iyer v. Jackie Kakubhai Shroff[1] on November 10, 2021, a Division Bench of the Supreme Court of India comprised of Hon’ble Mr. Justice Sanjay Kishan […]

Ratnam Sudesh Iyer v. Jackie Kakubhai Shroff: The Supreme Court ...

November 30, 2021 in Blog by ARIA

Author: Yongming Wu* Jurisdictions: China Topics: Arbitration Legislation On July 30, 2021, the People’s Republic of China’s (“China”) Ministry of Justice published the proposed revisions to China’s Arbitration Law (“the Law”)[1] on its website for public feedback, along with the explanatory notes for such revisions[2]. The proposed revisions make substantial […]

Chinese Ministry of Justice Proposes Amendments to its Arbitration Law

November 29, 2021 in Blog by ARIA

Author: Olivia Lu* Jurisdictions: International Topics: ICSID Expropriation Minimum Standard of Treatment Damages in Arbitration On September 9, 2021, an ICSID tribunal released its ruling in the arbitration proceeding between Eco Oro Minerals Corp. (Eco Oro) and the Republic of Colombia (Colombia). The tribunal held that Colombia’s prohibition of […]

Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...

November 24, 2021 in Blog by ARIA