The Arbitration Brief

The Dynamic Role of Compound Interest in Investment Arbitration: Substance, Procedure, and Proceduralization

By Naimeh Masumy Abstract This article critically examines the multifaceted role of compound interest in investment arbitration, challenging its traditional categorization within the substantive-procedural divide. It explores the practical challenges tribunals face when dealing with legal mechanisms like compound interest, which inherently span both procedural and substantive dimensions. To clarify this complexity, the article introduces…

NAFTA’s Ghost and USMCA’s Gamble: What the 2026 Review Means for Investors in Mexico

By Caroline Ennis I. NAFTA’s Chapter 11 in Context When the U.S. and Canada entered a free trade agreement (“FTA”) in 1989, concerns emerged over the U.S. solidifying power over Canada. The primary concern was that a “hub and spoke” model, featuring the U.S. as the hub under separate bilateral agreements with Canada and Mexico,…

ISDS at a Crossroads: Diverging Paths in the U.S. and U.K.

By Kaitlyn Welsh Introduction The International Centre for Settlement of Investment Disputes (“ICSID”) is the leading institution administering Investor-State Dispute Settlement (“ISDS”) cases, handling about 70% of all international investment disputes. The objective of ISDS is to provide foreign investors of host states with a neutral forum to resolve such disputes as opposed to reliance…

The Impact of International Covenants on Human Rights and Arbitration

By Malini Prasad Millions of people around the world are trapped in harmful global supply chains. The fast fashion industry, and multinational conglomerates must aid in stopping and preventing these human rights abuses. Therefore, the International Chamber of Commerce International Court of Arbitration (“ICC Court”) should adopt the United Nations Guiding Principles on Business and…

The Aftermath of N. N. Global III: The Saga Continues

By Nidhisha Garg Background The Indian Supreme Court’s (Supreme Court) decision in ‘In re: Interplay Between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899’(N. N. Global III) was hailed when it was passed in December 2023 as it finally put to rest the long-standing controversy surrounding the validity…