By Kaitlyn Welsh Introduction The International Centre for Settlement of Investment Disputes (“ICSID”) is the leading institution administering Investor-State Dispute Settlement (“ISDS”) cases, handling about 70% of all international investment disputes. The objective of ISDS is to provide foreign investors of host states with a neutral forum to resolve such disputes as opposed to reliance…
Tag: business
The Impact of International Covenants on Human Rights and Arbitration
By Malini Prasad Millions of people around the world are trapped in harmful global supply chains. The fast fashion industry, and multinational conglomerates must aid in stopping and preventing these human rights abuses. Therefore, the International Chamber of Commerce International Court of Arbitration (“ICC Court”) should adopt the United Nations Guiding Principles on Business and…
Arbitration Without Consent? U.S. Courts Can Force Non-Signatories to Arbitrate, Leaving Arbitrators to Decide Which Claims Will Proceed to Arbitration
By Deborah Slattery-Pereira How U.S. Courts Treat Non-Signatories Parties will subject their disputes “to arbitration if, and only if, [they] actually agree to arbitrate those disputes.” Complex commercial disputes often involve multiple international contracts with different parties, but usually, only two parties sign the arbitration agreement. Because arbitral proceedings depend on a consensual agreement, generally,…
Raytheon on the Hot Seat: What a $950 Million FCPA Case Teaches MNEs About Arbitration and Compliance
By Alexandra Schieferer On October 16, 2024, defense giant Raytheon Company agreed to pay over $950 million to settle allegations of Foreign Corrupt Practices Act (FCPA) violations, defective pricing, and export control breaches, marking one of the largest joint settlements in recent years. This enforcement action illustrates how corruption investigations can spiral into cascading contractual…
Should Naming the Arbitral Seat not be Enough?
By Jeremy Hernandez-Lum Tong In 2020 and 2021, the Supreme Court of the United Kingdom (“UKSC”) made two seminal decisions on the law governing arbitration agreements, namely Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb and Kabab-Ji SAL v Kout Food Group. The latter, Kabab-Ji UKSC, recapitulated the reasoning in Enka, but differed…
The Arbitration Brief 