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Aarohi Chaudhuri
The Antrix-Devas Dispute: Headed for a Third BIT Arbitration?
August 17, 2021

In May 2021, India’s National Company Law Tribunal (‘NCLT’) ordered the liquidation of Devas Multimedia (‘Devas’), on grounds of it having been incorporated for fraudulent purposes. This is the…

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Christina Doria , Brendan O'Grady  (Baker McKenzie)
Has Forum Non Conveniens Gone the Way of the VCR Player? Canadian Court finds the Doctrine Obsolete in Age of Virtual Hearings
August 16, 2021

The COVID-19 pandemic has normalized virtual hearings. According to the Ontario Superior Court, this has made the doctrine of forum non conveniens obsolete. In Kore Meals LLC v Freshii Development…

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Ketan Gaur  (Trilegal) , Kaustub Narendran  (Trilegal)
No Immunity for You: Delhi Court Allows Enforcement of Award Against Afghanistan and Ethiopia
August 14, 2021

There has been much debate about immunity this last year. While, most were discussing concepts of “herd immunity” against the novel coronavirus, the Delhi High Court (Court) ventured into and…

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Rishabh Jogani  (MRP Advisory) , Akshay Shankar  (MRP Advisory)
Incorporation of Arbitration Clauses by Reference: Recent Developments in Dubai
August 13, 2021

The Dubai Court of Cassation, in its recent judgement, DCC 1308 of 2020, explored the effect of incorporation of arbitration clauses by reference. Typically, “incorporation by reference” refers to…

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Hiroki Aoki  (Nagashima Ohno & Tsunematsu Singapore LLP) , WeiJian Teo  (Nagashima Ohno & Tsunematsu Singapore LLP)
CPTPP and ISDS: Three Years On
August 12, 2021

On 2 June 2021, the British government announced that the existing 11 signatories (the “Parties”) to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) have agreed to…

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Prerona Banerjee  (Khaitan & Co)
Can You Have Your Cake and Eat It Too? Unilateral Appointments in Indian Arbitration
August 11, 2021

This blog has previously discussed the illegality of unilateral appointments of sole arbitrators in India. However, a good beginning is only half the battle won.  Before one dwells further, it is…

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Aarushi Gupta  (Dr. Ram Manohar Lohia, National Law University)
Analysis of Environmental Dispute Resolution Mechanisms in the EU-UK Trade Deal
August 10, 2021

In December 2020, the EU and UK concluded the negotiations of the  Trade and Cooperation Agreement (TCA). This Agreement is a crucial step towards maintaining a long-standing relationship between the…

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Rieu Kim , Hyuk Jun Jung  (Barun Law LLC)
Time for Class Action Arbitrations in Korea?
August 09, 2021

In a class action lawsuit, a plaintiff or group of plaintiffs bring claims on behalf of similarly situated individuals. The legislatures in some civil law countries including Korea, have recently…

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Oiswarjya Basu  (Jindal Global Law School) , Shatrunjay Bose
Cairn Moves to Seize Air India Assets to Recover Hefty Award against India: Worthwhile Choice or a Futile Exercise?
August 08, 2021

In May 2021, Cairn Energy PLC filed a lawsuit before a New York Court to enforce a USD 1.2 billion investor-State arbitral award against India passed by the Permanent Court of Arbitration. It sought…

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Tarciso Gazzini , Francesco Seatzu
The Strange Case of Denial of Benefits Clauses: The Italian and Colombian Model BITs
August 07, 2021

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.…

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