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
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…
Will Arbitration Lead to an Increase in Energy Investment in Ecuador?
BY: BENIN LEE; JUNIOR STAFFER In 2022, the International Energy Agency released a statement claiming that the world may in fact be in the middle of its first true “global energy crisis” based on the dwindling supply of major oil producers. The crisis, along with the push toward the expansion of clean sources of energy,…
The Importance of Specifying the Law Governing Arbitration Agreements to Prevent Conflicting Interpretations in Parallel Proceedings
“Specifying the choice of law in an arbitration agreement would enable the parties to be conscious of the legal system binding their arbitration and be aware of the validity and enforceability of their arbitral awards in different jurisdictions.”
The Power of the Purse: Why Promoting Gender Diversity is Key to the Future of International Arbitration
By: Mala Stauder; Junior Staffer A lack of diversity among appointed arbitrators has been a longstanding presence in the international arbitration community. Achieving gender diversity specifically proved to be a consistent challenge, yet its resolution remained a low priority for years. The international arbitration arena often wastes the most qualified talent when excluding women. In…
The Arbitration Brief 