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….
Tag: Arbitration
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…
Brazilian Congress and Supreme Court will analyze the Arbitrators’ Duty to Disclose in the Brazilian Arbitration Act
By: Deborah Slattery-Pereira, Senior Staffer Brazil enacted the Brazilian Arbitration Act (“BAA”) in 1996, adopting the United Nations Commission on Trade Law (“UNCITRAL”) Model Law. Brazilian courts played an active role in supporting arbitration proceedings and recognizing arbitration as a constitutional alternative dispute resolution mechanism. Now, the issues of arbitrators’ duty to disclose and increased…
Goldman Sachs and 1MDB Arbitration
By: Benin Lee, Articles Editor In early October 2023, Goldman Sachs filed a suit against the government of Malaysia in the London Court of International Arbitration (LCIA). This developing case serves as an informative resource on contemporary arbitration developments while stimulating discourse on the advantages of LCIA arbitration and the strategic decisions made in international…
Arbitration at the ILO: A New Mechanism
By: Yonah Wasik; Senior Staffer In over 100 years of international arbitration, courts have settled only one labor arbitration case. In April 2013, the Rana Plaza Factory in Dhaka, Bangladesh, collapsed and killed over 1,100 workers in the garment industry, injuring many more. By 2018, the Permanent Court of Arbitration (PCA) oversaw and settled the…
The Arbitration Brief 