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…
Category: International Dispute Settlement Mechanisms
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,…
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 Arbitration Brief 