The Complex World of International Arbitration and Eventual Enforcement

Recently, in a decision issued by the Court of Justice of the European Union, in the case of Slovak Republic v. Achmea, intra-EU bilateral investment treaties’ (“BIT”) arbitration clauses were declared to be in violation of governing European Union (“EU”) law and therefore illegal. The court stated “that the arbitration clause in the BIT [between Slovakia and the…

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,…

India-Brazil BIT: A Step in the Right Direction

On January 26, 2020, Brazilian President Jair Bolsonaro was the chief guest during India’s 71st Republic Day Parade. Later that week a strategic partnership was formed between the countries as India signed a bilateral investment treaty (BIT) with Brazil to further develop relations between the two states on both a cultural and commercial level. Recently,…

New Decade, New Demographic? Increasing Diversity in International Arbitration

Middle Eastern and African countries are no strangers to arbitration. The International Centre for Settlement of Investment Disputes (ICSID) published in its 2020 Caseload Statistics showing that the Middle East, North Africa, and Sub-Saharan Africa together account for 26% of all cases. In its 2017 Special Focus on Africa Report, ICSID reported that 22% of…