Effective Vindication in Name Only: How Arbitration Rights Now Depend on Geography

By Braxton Johnson Defendants invoke arbitration to control costs, timelines, and exposure, but courts must still confront a threshold question: will arbitration permit plaintiffs to meaningfully vindicate federal statutory rights? In Italian Colors, the Supreme Court of the United States (SCOTUS) sought to answer this question by recognizing the “effective vindication doctrine,” which bars enforcement…

Recognition and Enforcement of Foreign Arbitral Awards in Vietnam

By Dr. Nguyet Le Background Five years after ratifying the New York Convention 1958 (the NYC), Vietnam enacted its first Commercial Arbitration Law on June 17, 2010 (Law 54). Law 54 differentiates between the annulment review of domestic arbitral awards’ proceedings and the recognition and enforcement of foreign arbitral awards. It remains controversial whether this…

Sustainable Development Compliance in International Investment Agreements: Enforceable at Arbitration?

By Carolina Joy As international investment agreements (IIAs) increasingly include references to the United Nations’ Sustainable Development Goals (SDGs), investor-state arbitration further becomes a site of global governance, mediating conflicts between private investment protection and public development objectives. Within this dispute resolution mechanism, the tension between the soft law of the SDGs and the hard…

Pregnancy, Power, and Procedure: The WNBA Arbitration Clause Meets Its Limits

By Bella DiPalermo When the Women’s National Basketball Association (WNBA) All-Star Dearica Hamby filed a federal lawsuit alleging pregnancy discrimination and retaliation, she did more than bring a personal claim. She revealed a structural tension at the heart of professional sports: the uneasy coexistence between collective bargaining and individual statutory rights. Hamby’s case, which survived…

The Growth of Regional Arbitration Centers: Providing Localized and Efficient Dispute Resolution

By Reagan Powers Over the past few years, regional arbitration centers have grown in popularity, rivaling the historical dominance of the International Chamber of Commerce and the London Court of International Arbitration. The regional arbitration centers aim to provide cost-effective, localized, and efficient dispute resolution. “Two Person Shaking Each Others Hands – Credit to http://homedust.com/”…