By Braxton Johnson Defendants invoke arbitration to control costs, timelines, and exposure, but courts must still confront a threshold question: will arbitration permit plaintiffs to meaningfully vindicate federal statutory rights? In Italian Colors, the Supreme Court of the United States (SCOTUS) sought to answer this question by recognizing the “effective vindication doctrine,” which bars enforcement…
Tag: Arbitration
Recognition and Enforcement of Foreign Arbitral Awards in Vietnam
By Dr. Nguyet Le Background Five years after ratifying the New York Convention 1958 (the NYC), Vietnam enacted its first Commercial Arbitration Law on June 17, 2010 (Law 54). Law 54 differentiates between the annulment review of domestic arbitral awards’ proceedings and the recognition and enforcement of foreign arbitral awards. It remains controversial whether this…
Sustainable Development Compliance in International Investment Agreements: Enforceable at Arbitration?
By Carolina Joy As international investment agreements (IIAs) increasingly include references to the United Nations’ Sustainable Development Goals (SDGs), investor-state arbitration further becomes a site of global governance, mediating conflicts between private investment protection and public development objectives. Within this dispute resolution mechanism, the tension between the soft law of the SDGs and the hard…
The Growth of Regional Arbitration Centers: Providing Localized and Efficient Dispute Resolution
By Reagan Powers Over the past few years, regional arbitration centers have grown in popularity, rivaling the historical dominance of the International Chamber of Commerce and the London Court of International Arbitration. The regional arbitration centers aim to provide cost-effective, localized, and efficient dispute resolution. “Two Person Shaking Each Others Hands – Credit to http://homedust.com/”…
Sign to Survive: Arbitration at the Pace of Formula One
By Ryan Zaitoun How much is seven-tenths of a second worth? In Formula One, it can be close to $10 million. Formula One prides itself as the pinnacle of global motorsport, consisting of (as of January 2, 2026) eleven teams, each with two drivers, racing the fastest single-seat open-wheeled cars on tracks across the world….
The Arbitration Brief 