By: Scarlett Horn, Senior staffer Multilateral institutions and treaties, such as the United Nations Framework Convention on Climate Change (“UNFCCC”) and the Paris Agreement, set ambitious goals to mitigate and respond to the rapid increase of the average global surface temperature. Addressing climate change requires international cooperation, leading to the establishment of multilateral institutions and…
Category: International
The Hong Kong Exodus: How Corporate Relocation Shapes the Landscape of International Commercial Arbitration
By: Isha Jadhav, Junior Staffer Many United States (“U.S.”) and Western companies are relocating out of Hong Kong, a long-revered hub for financial institutions. The question at hand is whether this so-called “exodus” impacts the scope of commercial arbitration within Hong Kong. Hong Kong has been a popular arbitral seat for many years partially because…
The Tightrope Walk of FTAs: Balancing the Relationship Between Foreign Investments and Public Interests
By: Savannah Kelly, Senior Staffer Investors have the right to protect their investments just as host states have the right to protect public interests–otherwise recognized as public interest regulation. The balance between the rights of investors and that of states skews off-kilter when arbitral proceedings whittle away or strip entirely the regulatory autonomy of states….
Brazilian Congress and Supreme Court will analyze the Arbitrators’ Duty to Disclose in the Brazilian Arbitration Act
By: Deborah Slattery-Pereira, Senior Staffer Brazil enacted the Brazilian Arbitration Act (“BAA”) in 1996, adopting the United Nations Commission on Trade Law (“UNCITRAL”) Model Law. Brazilian courts played an active role in supporting arbitration proceedings and recognizing arbitration as a constitutional alternative dispute resolution mechanism. Now, the issues of arbitrators’ duty to disclose and increased…
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 