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…
Category: Developments
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…
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/”…
Contracting a Womb: The Necessity of an Arbitration Clause
By Brenna Callahan In 2025, it is difficult to imagine a world without surrogacy. Celebrities like Kim Kardashian and Andy Cohen have ushered society into a new era of contracting a womb. The practice benefits same-sex couples and women with prohibitive health conditions. However, its popularity has only recently reached the masses. In the early…
Now We Have “Bad Blood”: Anti-Trust Arbitration in the Taylor Swift Era
BY: Amy Liu, Junior Staffer In November 2022, Ticketmaster faced major political and public scrutiny after its systems malfunctioned during ticket sales to Taylor Swift’s sixth concert tour, the Eras Tour. On November 15, 2022, when the sale went live, Ticketmaster’s platform crashed within the hour, which logged out users or froze them in queues….
The Arbitration Brief 