In October 2015, during an official visit to the United States, President Joko “Jokowi” Widodo, announced that Indonesia intended to join the Trans-Pacific Partnership (TPP). Jokowi’s plan…
The legal consequences of a breach of a contract tainted by corruption are better understood through a hypothetical:
Contractor A of country X enters into negotiations with B, the Minister of…
White Industries woke up India to the realities of Investment Treaty Arbitrations (“ITA”) during the end of 2011. Today, India has one of the highest numbers of ITA claims pending against it. The…
Michael P. Daly is a Visiting Scholar at George Washington Law School and Legal Adviser to Charles N. Brower and Jawad Ahmad is a Legal Adviser at the Iran-US Claims Tribunal. The views expressed in…
The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm.
A few weeks ago, a small…
It has been some time since Judge Gunnar Lagergren – 52 years precisely – arbitrated a case (ICC No. 1110) whose underlying contract involved an agreement to pay bribes, and where he proffered a…
As Mariel Dimsey has observed, a key challenge posed by investment treaties is that - at the point of ratification - they expose States to arbitrations of 'as-yet-unknown scope and against as-yet-…
In the landscape of international investment arbitration the allegations of corruption have become more and more common. Confronted with investor’s claims before an arbitral tribunal, host states…
Public policy remains one of the most popular grounds used by the parties to oppose the recognition and enforcement of an arbitral award. Its vague content also makes its application in court greatly…
The recently promulgated Arbitration and Conciliation (Amendment) Ordinance 2015 (the “Ordinance”) marks a significant change in the arbitration landscape of India. Most significantly, the Ordinance…