thearbitrationbrief

Frozen French Fries and the MPIA: The future of appeals at the WTO?

By: Colin McGinness; Junior Staffer In late December 2022, the World Trade Organization (WTO) decided on a seemingly routine case regarding the trade of frozen french fries between Colombia and the European Union (EU). Colombia accused several countries within the EU of ‘dumping’ frozen french fries and other frozen potato products into the Colombian market….

COVID-19 and Virtual Hearings

COVID-19 has affected our lives in many different ways. Thousands of people lost their lives, many employees lost their jobs, and it is still unclear when and how we would return to our daily routines. Social distancing and health measures have led to the closure of economies in many countries. Different business fields are affected,…

The Complex World of International Arbitration and Eventual Enforcement

Recently, in a decision issued by the Court of Justice of the European Union, in the case of Slovak Republic v. Achmea, intra-EU bilateral investment treaties’ (“BIT”) arbitration clauses were declared to be in violation of governing European Union (“EU”) law and therefore illegal. The court stated “that the arbitration clause in the BIT [between Slovakia and the…

Amy Coney Barrett on Arbitration: Solidifying a Pro-Business SCOTUS

Sworn into the Supreme Court on October 27, 2020, the third Supreme Court nominee from President Donald Trump is poised to set a conservative supermajority on the highest court. Justice Amy Coney Barrett, a judge from the 7th Circuit Court of Appeals, took the seat vacated by Ruth Bader Ginsburg, who had passed away on September…

Emergency Arbitration: The Unsung Hero of International Arbitration

Emergency arbitration. You know it, you…probably don’t think much about it, honestly. But the introduction of emergency arbitration is one of the most important recent changes in the field of international arbitration. Many parties agree to international arbitration because they would prefer to avoid local or national courts, some because bringing a case to court can be…