The Arbitration Brief

Arbitration and Climate Change: What we can learn from the ECT’s attempt at modernization

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…

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…

Salary Arbitration in Baseball Contracts

By: Caitlen Moser, Junior Staffer In December 2023, two-way baseball player Shohei Ohtani and the Los Angeles Dodgers agreed to the largest player contract in sports history, with Ohtani set to earn seven hundred million dollars over the next ten years. Unique in the modern era, Ohtani is both one of the best pitchers and…

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….

Forced Arbitration in Tesla’s Consumer Contracts

by: Abby Hug, Senior Staffer The Federal Arbitration Act (FAA) reflects a federal policy that strongly favors arbitration for resolving disputes, especially regarding written agreements between a buyer and seller. Arbitration appeals to organizations because arbitrators tend to issue results that favor the company that hired them, it is cheaper than litigation, and keeps product…