Authors: Saumya Sinha* Jurisdiction: International     Topics: Confidentiality   I. Introduction Arbitration has witnessed remarkable growth in the recent past and has emerged as parties’ preferred choice of dispute resolution mechanism in commercial disputes. One of the several reasons for its popularity is the private nature of the arbitral […]

Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...

Authors: Henrique Carneiro* Jurisdiction: International     Topics: Umbrella Clauses Investment Arbitration   Introduction For decades, arbitral tribunals and legal commentators have debated about the proper way to interpret the word “obligation” or “commitment” in international investment treaty umbrella clauses. The plain text of such clauses seems, at first glance, […]

Empirics-Based Umbrella Clause Interpretation