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…
Category: Arbitration Rules
Inclusion of Emergency Arbitrations: A Step in the Right Direction?
The Arbitration and Conciliation Act, 1996 (“the Act”) provides for interim reliefs from both Courts and Arbitral tribunals. However, the latter has the authority to grant these reliefs only after its formation. Accordingly, both these procedures, under normal circumstances, have proved to be quite lengthy in nature. Thus, in order to provide urgent relief to the parties,…
Limitation Period for Enforcing Foreign Awards: Is the Confusion Settled?
On September 16, 2020, the Indian Supreme Court in Government of India v. Vedanta Ltd (‘Vedanta’) settled the ambiguity regarding the applicability of the limitation period for the enforcement of foreign arbitral awards in India. In the year 2008, arbitral proceedings were initiated between Government of India (‘GOI’) and Vedanta Ltd., with Malaysia as the seat. Subsequently,…
Arbitration in Times of Restrained Social Relations Due to the COVID-19 Pandemic
The year 2020 will be remembered in history as the year in which humanity faced the COVID-19 pandemic. It seems that it will remain our day-to-day concern for some time with devastating effects on the economies of developed and developing countries all around the world. Another consequence of the pandemic is that many domestic judicial…
The Potential Tribulations of the China International Commercial Court (CICC)
In 2013, China’s President, Xi Jinping, announced the “New Silk Road,” which would be the largest infrastructure development from East Asia to Europe. It was later coined as the Belt and Road Initiative (BRI). The Belt and Road would consist of not only physical infrastructure but also fifty special economic zones. To date, roughly 60…
