The Arbitration Brief

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…

Shield against Accountability: How Russia Avoids Honoring Arbitration Awards While Being Tied Up with War and Sanctions

By: Cecilia Li; Junior Staffer In June 2015, Everest Estate LLC and several other Ukrainian companies (“Claimants”) commenced United Nations Commission on International Trade Law (“UNCITRAL”) arbitration proceedings with the Permanent Court of Arbitration (“PCA”) in The Hague against Russia pursuant to the 1998 Ukraine-Russia bilateral investment treaty (“Ukraine-Russia BIT”). The Claimants contended that Russia,…

What Would the End of McCarran-Ferguson Mean for Arbitration?

By: Dominic Charles; Junior Staffer With the passage of the Competitive Health Insurance Reform Act (CHIRA) of 2020, on January 13, 2021, Congress signaled that the world of insurance arbitration may soon change dramatically. Competitive Health Reform Act of 2020, PL 116-137, January 13, 2021, 134 Stat 5097; James W. Lowe McCarran-Ferguson Act Amended Repeal…