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International Arbitration on Oil Stock Purchase Agreements, Prepaid Oil Agreements and Gas Projects within Latin America

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Alejandro E. Leáñez Rieber The need to attract foreign oil & gas investment due to the current low price in Latin American countries is creating an environment were once non-friendly arbitration jurisdictions are increasingly accepting international arbitration clauses for complex landmark deals. This trend is being used within Stock Purchase […]

NAFTA Renegotiations Present an Opportunity to Strengthen ISDS’ Public Policy Perspective

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Abdul Mouneimne Young ICCA Chapter 11: Where Investors Go to Complain NAFTA renegotiations began last year and, with attention once again on this 23-year old trade deal, critics are taking the opportunity to voice their concerns. U.S. President Trump has himself propounded, and indeed campaigned on, an abundance of criticism […]

Arbitrator Intelligence (AI) is seeking a Social Media Manager

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Catherine A. Rogers Duties will include: generating, editing and publishing content, and designing a social media strategy to coordinate communication and outreach. This position requires effectiveness in writing/editing, and a combination of practical skills, legal training, and knowledge of the international arbitration field globally. Candidates should ideally have proficiency in […]

The New-Found Emphasis on Institutional Arbitration in India

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Mridul Godha and Kartikey M. Young ICCA Arbitration in India has traditionally skewed towards an ad-hoc rather than an institutional set up. Due to a lack of adequate emphasis on institutional arbitration, Indian parties have preferred to conduct their arbitrations with a seat in Singapore and London. In fact, 153 […]

10 Retailers to Watch for a Bankruptcy Filing in 2018

2017 represented one of the busiest years for Chapter 11 retail bankruptcy filings. Many companies that filed have successfully emerged, like Payless. Yet, some are still questionable as to their future, such as Toys “R” Us, which is expected to begin selling a number of their leases and company owned […]

Delhi High Court’s decision in GMR v. Doosan: Two steps forward, two steps back?

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Shalaka Patil and Jeet Shroff The Delhi High Court (Court) recently rendered a decision in GMR v. Doosan (“GMR”) on two critical points related to Indian arbitration– a) joinder of non-signatories to arbitration and b) whether two Indian parties can choose a foreign seat. Both issues have had conflicting decisions […]

Mind the Label: Loyalists and Reformists and ISDS

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Anne-Karin Grill Schoenherr In late November, the UN Headquarters in Vienna saw the first meeting of Working Group III of the United Nations Commission on International Trade (UNCITRAL). The meeting marked the initiation of a process of analysis and reform – whatever shape it may ultimately take – of the […]

DR Faculty Seminar in Israel–The Israeli Supreme Court

During our last day in Israel we visited the Israeli Supreme Court. The building was built in 1992, and, as with all national institutions in Israel, it is located in West Jerusalem. The building was intended to combine both old and new and indoors and outdoors. This means there is […]

The Duty of Disclosure and Conflicts of Interest of TPF in Arbitration

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Napoleão Casado Filho Arbitration, especially in its international perspective, has experienced such a tremendous growth in the past few decades that it has now become a victim of its own success. Current debates are centered on the prohibitive costs, the difficulty in finding high-level arbitrators and conflicts of interests often […]

Has the Public Policy Exception Returned to Haunt Indian Courts?

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Wasiq Abass Dar On 1 November 2017, a division bench of the Supreme Court of India (hereinafter SCI) referred the matter between Venture Global Engineering LLC and Tech Mahindra Ltd. to a larger bench, in view of the diverging opinions emerging from the division bench. In substance, the SCI was […]