This is the second of a two-part blog post series for an upcoming publication titled International Arbitration and the COVID-19 Revolution edited by us. As detailed in Part 1 of this series, the book…
Corruption has been a hot topic in investor-state arbitration in recent years. This is particularly the case in situations where Claimant investors are alleged to have procured their original…
A single-judge bench of the Calcutta High Court (Calcutta HC) recently delivered a judgement in Balasore Alloys Ltd. v. Medima LLC which revived the debate regarding whether a ‘civil court has…
In any arbitration, the parties’ choice of seat normally determines the legal regime under which an arbitration is conducted and any award is enforced. Accustomed to the international “seat…
In Part I of our post, we discussed the long-standing uncertainties existing in China about what legal regime governs arbitrations administered by foreign arbitral institutions. We also…
In its recent decision of 9 October 2020 in Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors [2020] UKSC 38 (Enka), the UK Supreme Court upheld the decision of the England and Wales…
The economic downturn in Thailand has resulted in increased pressure on Thai debtors. Several banks have forecasted Thailand’s gross domestic product (GDP) to contract 8.1 percent in 2020 due to a…
The relationship between arbitration and the United Nations Convention on Contracts for the International Sale of Goods (“CISG” or “Convention”) is not a clear one, and the question of when an…
In its decision of 11 June 2020, an ICSID Annulment Committee annulled an award in Eiser and Energia Solar Luxembourg v. Spain, ICSID Case No. ARB/13/36. It did so on the grounds that the arbitrator…
We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:
ARTICLES
Felix DASSER, ASA – Swiss Home of Arbitration
In his…