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...conflict between party autonomy, the compétence-compétence principle, judicial intervention and the court’s duty to preserve legitimate claims. Striking a balance between these often-conflicting principles, in essence, can accurately be captured...

Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...

October 12, 2020 in Blog by clairesheridan

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...

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

February 15, 2022 in Blog by ARIA

...with governmental authority” because they do not show an intention to confer governmental authority to an ad hoc panel. A vote of hands ensued: most attendees thought that the decision...

ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...

October 21, 2022 in Blog by ARIA

...the Convention permits implied waiver through conduct, the FSIL mandates explicit written consent. Ongoing regional cooperation, including legal frameworks between China and ASEAN countries, may bridge this gap. Enforcement of...

China’s Procedural Innovations in State Immunity: A Comprehensive Analysis of ...

May 21, 2025 in Blog tagged Enforcement of Arbitral Awards / International and Transnational Law / sovereign immunity by Alexandra Desmedt

...between the Kingdom of the **Net**herlands and the Czech and Slovak Federal Republic of 1991 (the **“Net**herlands-Slovakia BIT”). The final award ordering Slovakia to pay € 22.1 million for damages...

The Unresolved EU Law Question: Reorganizing the Current Status of ...

January 24, 2024 in Blog by Yue-Zhen Li

...visited Dec. 8, 2022); Augusto Tolentino Pacheco de Medeiros, Arbitration Rules – August 12, 2019 Version, Câmara de Mediação e Arbitragem Empresarial – Brasil **(Au**g. 5, 2019), https://camarb.com.br/en/wp-content/uploads/2020/11/camarb-arbitration-rules-2019.pdf. ...

Provisional Measures in Aid of Arbitration in Brazil

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

Author: Ayush Kumar* Jurisdictions: International Topics: BITs Investment Disputes ICSID The Growing Energy Demand and Implications for Climate Change Global energy demand is projected to increase by 1.3% annually...

ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...

September 22, 2023 in Blog by Yue-Zhen Li

...the dispute, at the end of the day I was satisfied that the relevant issues had been raised and considered and that the parties had been able to make their...

Fast-Track on the International Scene – Vol. 2 No. 2

July 29, 2020 by Claire Sheridan

...Article V sets out limited grounds to refuse recognition and enforcement of arbitral awards to be declared by the competent authority where the recognition and enforcement are sought either at...

Reviewing Colombian Supreme Court Judgments on International Arbitral Awards

February 26, 2024 in Blog by Yue-Zhen Li

...be seen as a potential chance to execute Ukrainian court judgments against Russian property in Italy. IV. Is it possible to enforce Ukrainian judgements against Russia abroad? Enforcement of...

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

January 27, 2023 in Blog by ARIA

...propose a framework for courts to use when confronted with an Article V defense to recognition and enforcement that has already been adjudicated elsewhere. And I will explain why I...

The Lesser Evil: How and Why Litigation Over Arbitration Awards ...

July 10, 2020 by Claire Sheridan

...evidence standard, others require a much higher burden – clear and convincing evidence. The issue encounters an even more significant challenge in Latin America where jurisdictions do not have well-established...

Columbia Arbitration Day 2021 – Allegations of Corruption in International ...

May 6, 2021 in Blog / Columbia Arbitration Day by clairesheridan