By: Jake Helfant States have historically utilized provisions for Investor-State Dispute Settlement (“ISDS”) to secure foreign investment, ensuring that disputes with foreign enterprises are governed and processed outside of the jurisdiction of sovereign states. Bilateral Investment Treaties (“BITs”) and Free Trade Agreements (“FTAs”) typically include ISDS provisions, mandating arbitration through the International Center for Settlement…
Author: thearbitrationbrief
The Future Is Now: AI In Arbitration
By: Nathaniel Chaij, Senior Articles Editor Artificial intelligence (AI) has swiftly become a household discussion in recent years as it shakes up industries from education to international arbitration. AI has already begun to help organizations streamline their operations, reduce costs, and make better decisions. In the last ten years, AI has seen exponential growth in…
The Future of Mandatory Arbitration Clauses in Employment Contracts
By: Marimar Seda, Senior articles Editor Employment arbitration is a method of resolving issues between an employer and an employee in an out-of-court setting. Arbitration has been around for a long time but was first codified in 1925 with the passage of the Federal Arbitration Act (FAA). Congress passed the FAA, to establish a foundation…
Not So Friendly Skies: The Impact of Social Media on Private Aviation Arbitration
By: Aissatou Toure; Junior Staffer On April 9, 2017, on a warm Sunday afternoon in the Chicago O’Hare airport, a United Airlines flight was bound for Louisville, Kentucky. The airline overbooked the flight when it added four deadheading crew members to the flight. The deadheading crew is a flight crew that is transported by an…
The New Trend of Waiving Confidentiality in Arbitration Proceedings
By: Adaeze Mgbeahuru; Junior Staffer Confidentiality is an essential part of arbitration and dispute resolution. Parties engage in arbitration and dispute resolution because of the core element of confidentiality. However, in recent times, parties in international commercial and investor-state arbitration proceedings are increasingly waiving confidentiality during and after arbitration. Recently, most institutional arbitration proceedings are…
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