...forum to address their grievances. The privileged position given to investors in this framework has created incentives for commercial actors to characterize their disputes as “investment disputes”, thereby falling within...
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...the rise of cross-border disputes between Indian and foreign entities being resolved through arbitrations conducted at neutral foreign venues. In a bid to promote the resolution of disputes through arbitration,...
To Do or Not To Do: The Financial Disclosure of ...
...the courthouse. The Court in Grupo Mexicano cautioned that such a remedy “could radically alter the balance between debtor’s and creditor’s rights” and “might induce creditors to engage in a...
Alleged Financial Distress is Not a Blank Check: India Draws ...
...WMH’s shareholders did not overlap, and the double identity of the secured creditors as WCC’s lenders and WMH’s shareholders did not meet the successionary threshold (para. 229). Secured Creditors’ Continued...
Unsecured Creditors: How the Westmoreland Arbitrations Have Undermined Type G ...
...brought together some of Italy’s best-known experts on international trade and arbitration. These included Professor Giorgio Bernini, Professor Michael Joachim Bonell, Professor Sergio Maria Carbone, Professor Antonio Crivellaro, Professor Ugo...
Report from Italy: The Gulf Crisis and Contracts under Execution* ...
...to congregate in the same room, it is apparent that virtual arbitrations will continue to proliferate. To this end, many leading arbitral institutes have introduced guidelines and best practices for...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...There the Court records that the award creditor, a special purpose vehicle incorporated by a Malaysian construction company, is a protected indirect investment under Article 2 of the India-Malaysia bilateral...
The Supervisory Court as an Organ of the State: MPRDC ...
...equal opportunity basis.” 4). Rising Arbitrators Initiative supports rising arbitrators (typically younger than 45 years old) worldwide in international arbitration by, inter alia, creating a support network and encouraging best...
A Case for Diversity in the Seat of Arbitration
...procedures, aligning with international best practices, and addressing the evolving needs of arbitration stakeholders. In August 2023, the SIAC published a draft of the 7th Edition of the SIAC Rules...
New Year, New Rules: Highlighting 10 Key Features of the ...
...Paris and then sometimes mistakenly considered to be a pure creature of civil law, would be the subject of a two-day conference convened at the initiative of the English in...
The Present Status of the International Court of Arbitration of ...
...to create these for the specific dispute. To facilitate the process, it might be helpful in the future to establish and publish best practices. Model Clause on Confidentiality: Parties are...
Tech Disputes – A view from above: How to deal ...
...and obviously, with relative ease and dispatch. LCIA Arbitration Rules, 2020 Article 22.1(viii) claim, defence, counterclaim, cross‑claim, defence to counterclaim or defence to cross‑claim manifestly outside the tribunal’s jurisdiction or...