The Arbitration Brief

Balancing Acts: The Profit Potential and Pitfalls of Investor-State Dispute Settlement

by: Shannon Moloney, Articles Editor Investor-state dispute settlement (“ISDS”) provisions provide investors and nations with a framework to arbitrate issues that arise under both bilateral investment treaties (“BIT”) and free trade agreements (“FTA”). Investors often pursue damages against host countries that are parties to international treaties with ISDS provisions if host nations do not abide…

Silencing Gig Workers: Arbitration and Misclassification in the Gig Economy

By: Jacqueline Vanacore, Senior Staffer The rise of the gig economy, accompanied by the proliferation of mandatory arbitration agreements requiring gig workers to waive their rights to litigation, has not only hindered gig workers’ ability to resolve workplace disputes but, in the absence of a statutory framework, has contributed to their struggle to be classified…

A Tiger Shrimp Among Whales

By: Brian Hwang, articles editor “In a fight between whales, the shrimp’s back gets broken” is an old Korean proverb reflecting on a history of geopolitical squeeze. Within the past seventy years, the Republic of Korea (“ROK”) experienced rapid industrialization and unprecedented economic growth. Although the country is still a newcomer in the international arbitration…

Russian Invasion of Ukraine Brings an Influx of Arbitration in LNG Disputes

By: Erin Moloney, Articles Editor Liquified natural gas (“LNG”) disputes are rising due to increasing pressures from the global energy market following the Russian invasion of Ukraine, leading to price increases, an influx of arbitration, and environmental concerns. LNG, a natural gas and cleaner alternative to oil and coal, is rapidly increasing in demand. In…

What We Can Learn from the Notorious P&ID v. Nigeria

By: Emily Granja, Junior Staffer On October 23,2023, England’s High Court of Justice ruled in favor of the Federal Republic of Nigeria in Nigeria v. Process & Industrial Developments Ltd. (P&ID). Reviewing the case, the High Court vacated P&ID’s $11 billion arbitral award after finding significant evidence of fraud and bribery. While the High Court’s…