The Complex World of International Arbitration and Eventual Enforcement

Recently, in a decision issued by the Court of Justice of the European Union, in the case of Slovak Republic v. Achmea, intra-EU bilateral investment treaties’ (“BIT”) arbitration clauses were declared to be in violation of governing European Union (“EU”) law and therefore illegal. The court stated “that the arbitration clause in the BIT [between Slovakia and the…

Amy Coney Barrett on Arbitration: Solidifying a Pro-Business SCOTUS

Sworn into the Supreme Court on October 27, 2020, the third Supreme Court nominee from President Donald Trump is poised to set a conservative supermajority on the highest court. Justice Amy Coney Barrett, a judge from the 7th Circuit Court of Appeals, took the seat vacated by Ruth Bader Ginsburg, who had passed away on September…

Limitation Period for Enforcing Foreign Awards: Is the Confusion Settled?

On September 16, 2020, the Indian Supreme Court in Government of India v. Vedanta Ltd (‘Vedanta’) settled the ambiguity regarding the applicability of the limitation period for the enforcement of foreign arbitral awards in India. In the year 2008, arbitral proceedings were initiated between Government of India (‘GOI’) and Vedanta Ltd., with Malaysia as the seat. Subsequently,…

The Impact of COVID-19 on Arbitration

COVID-19 has already impacted almost every industry. Many in-person communications are moving online via teleconferencing and videos. The economic markets in nearly every country are being enormously affected, supply chains have been halted, and many employees can no longer go to work to manufacture products. These major changes to the world economy will no doubt…