The fact that foreign States are normally entitled to immunity from enforcement before national jurisdictions pursuant to customary international law, has always been the stumbling block in the…
Introduction
It is a key principle in many jurisdictions across the world that arbitration clauses should be separable from the underlying contract in which they are contained. This prevents…
On 4th October, 2016, a Division Bench of the Indian Supreme Court, in A. Ayyaswamy v. A. Paramasivam (“Ayyaswamy”) [2016], sought to clear the muddied waters surrounding the arbitrability of issues…
Climate change is a serious threat to humankind. The sources of the problem are many, requiring a multidimensional approach to find practical and viable solutions. In the last several years,…
Heading
The July 2016 Award of the Tribunal in the South China Sea Arbitration (The Republic of the Philippines v The Peoples' Republic of China) has been the subject of extensive interest and…
With the rise of populist politics in the 2016 U.S. presidential election and the Brexit referendum, it is not surprising that trade in general, and the Trans-Pacific Partnership in particular, have…
The Second Circuit's decision on Chevron Corporation v. Steven Donziger et. al., one more chapter of the "Chevron Saga" (discussed by the author here), arose out of a federal action commenced by…
On the 7th of July 2016 the Court of Justice of the European Union (“Court” or “CJEU”) published the judgment in the Genentech case (Case C 567/14), awaited with great interest both by IP and…
A recent order of an ICSID tribunal in the US$1.4 billion dispute regarding Argentina’s nationalisation of two airlines brings to the focus the ways and means of States to conduct the…
Wide interpretation of a non-arbitrability exception may frustrate the purpose of promoting international commercial arbitration. So far, Russian courts have not been able to formulate a clear cut…
