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…
Category: International Dispute Settlement Mechanisms
Navigating Policy Shifts in Investor-State Dispute Settlement in Latin America: A Case Study of Colombia
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…
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…
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,…
The Arbitration Brief 