By Kaitlyn Welsh Introduction The International Centre for Settlement of Investment Disputes (“ICSID”) is the leading institution administering Investor-State Dispute Settlement (“ISDS”) cases, handling about 70% of all international investment disputes. The objective of ISDS is to provide foreign investors of host states with a neutral forum to resolve such disputes as opposed to reliance…
Category: International Dispute Settlement Mechanisms
The Aftermath of N. N. Global III: The Saga Continues
By Nidhisha Garg Background The Indian Supreme Court’s (Supreme Court) decision in ‘In re: Interplay Between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899’(N. N. Global III) was hailed when it was passed in December 2023 as it finally put to rest the long-standing controversy surrounding the validity…
The Corruption Defense in Investor-State Arbitration: Why ICSID is the Wrong Forum
By Elizabeth Sheridan The International Centre for Settlement of Investment Disputes (ICSID) was created in 1966 to promote international investment by providing confidence in the dispute resolution process. In many developing countries, it is essential to attract consistent foreign investment to provide necessary capital and infrastructure conducive for long-term economic and institutional development. Investor-state dispute…
Recognition and Enforcement of Foreign Arbitral Awards in Vietnam
By Dr. Nguyet Le Background Five years after ratifying the New York Convention 1958 (the NYC), Vietnam enacted its first Commercial Arbitration Law on June 17, 2010 (Law 54). Law 54 differentiates between the annulment review of domestic arbitral awards’ proceedings and the recognition and enforcement of foreign arbitral awards. It remains controversial whether this…
Arbitration Without Consent? U.S. Courts Can Force Non-Signatories to Arbitrate, Leaving Arbitrators to Decide Which Claims Will Proceed to Arbitration
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,…
The Arbitration Brief 