By Deborah Slattery-Pereira How U.S. Courts Treat Non-Signatories Parties will subject their disputes “to arbitration if, and only if, [they] actually agree to arbitrate those disputes.” Complex commercial disputes often involve multiple international contracts with different parties, but usually, only two parties sign the arbitration agreement. Because arbitral proceedings depend on a consensual agreement, generally,…
Category: International Dispute Settlement Mechanisms
Should Naming the Arbitral Seat not be Enough?
By Jeremy Hernandez-Lum Tong In 2020 and 2021, the Supreme Court of the United Kingdom (“UKSC”) made two seminal decisions on the law governing arbitration agreements, namely Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb and Kabab-Ji SAL v Kout Food Group. The latter, Kabab-Ji UKSC, recapitulated the reasoning in Enka, but differed…
Balancing Acts: The Profit Potential and Pitfalls of Investor-State Dispute Settlement
by: Shannon Moloney, Articles Editor Investor-state dispute settlement (“ISDS”) provisions provide investors and nations with a framework to arbitrate issues that arise under both bilateral investment treaties (“BIT”) and free trade agreements (“FTA”). Investors often pursue damages against host countries that are parties to international treaties with ISDS provisions if host nations do not abide…
What We Can Learn from the Notorious P&ID v. Nigeria
By: Emily Granja, Junior Staffer On October 23,2023, England’s High Court of Justice ruled in favor of the Federal Republic of Nigeria in Nigeria v. Process & Industrial Developments Ltd. (P&ID). Reviewing the case, the High Court vacated P&ID’s $11 billion arbitral award after finding significant evidence of fraud and bribery. While the High Court’s…
Goldman Sachs and 1MDB Arbitration
By: Benin Lee, Articles Editor In early October 2023, Goldman Sachs filed a suit against the government of Malaysia in the London Court of International Arbitration (LCIA). This developing case serves as an informative resource on contemporary arbitration developments while stimulating discourse on the advantages of LCIA arbitration and the strategic decisions made in international…
The Arbitration Brief 