It is no secret that Indian courts have previously faced criticism over their excessive interference in arbitral awards. However, there has been a course-correction in recent years, through…
Earlier this week, the YSIAC Conference 2021 took place virtually for the first time since its inception. The opening webinar was a panel discussion titled “Resolving ESG Disputes Through…
Lion Mexico Consolidated v. Mexico represents the first positive finding of denial of justice in the history of NAFTA and one of the rearrest recent examples in investor-state arbitration…
Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration.
A selection of major CRCICA awards concerning contracts for the supply of commodities and dealing with a…
This week has seen the launch of a new initiative – ARBinBRIEF. ARBinBRIEF is a practical video guide on handpicked arbitration issues. ARBinBRIEF aims to provide a concise, yet very informative…
First appearing in the 1970s, denial of benefits (DoB) clauses have proliferated, became more sophisticated, and evolved significantly and even beyond recognition as in the 2017 Colombian Model BIT.…
In a series of recent posts (Part I, Part II and Part III), I argued that states should not ratify the Hague Choice of Court Agreements Convention (“Convention”) and, if they had already done so,…
This post continues from Part I.
Party Autonomy and Consent: How the Convention Undermines Them
My previous posts argued that the Convention undermines vital protections that existing law provides…
The HCCH 2005 Choice of Court Convention ("Convention"), adopted over fifteen years ago, has recently become the subject of damning criticism from Gary Born in a series of posts published on the Blog…
This blog post examines the approaches of Belarusian law and judicial practice to the application of public policy rules. Considering specific cases, the author makes suggestions for mitigating the…
