On 22 March 2019, the Netherlands published its new model BIT (“2019 Dutch Model BIT”). The new model text may well set the scene for a new generation of investment treaties, paving the way with…
The Indian Supreme Court recently in M/s Icomm Tele Ltd. vs. Punjab State Water Supply & Sewerage Board, (“Icomm”), struck down a clause in an arbitration agreement as unconstitutional. The…
In its 61th edition, the Revista Brasileira de Arbitragem [Brazilian Arbitration Journal] presents articles on four different themes. Firstly, Fabiane Verçosa comments on the possibility of…
Introduction
In March 2019 China’s Tianjin 1st Intermediate Court (“Tianjin Court”) rendered a decision dated 4 March 2019 (2018 Jin-01-Xie-Wai-Ren No. 1), granting an application for recognition and…
What is the meaning of “existence”? While theologians and philosophers continue to debate this endlessly, this metaphysical question has also concerned Indian arbitration law, specifically Section 11…
In Part I of the post, we discussed the position of law on the “existence” test under Section 11(6A) of the Act. In Part II, we aim to provide context to the developments relating to the provision…
A recent court judgment confirms enforceability in Greece of a US judgment awarding USD 10 million in punitive damages
The Judgment no. 722 of 2019 of the Single Member Civil Court of Piraeus paves…
“We are!” yells a group in the crowd as the Penn State Law Vis moot team enters the stage excitedly after the tribunal of the final round announces its victory – the first team from the US to win the…
Modern day arbitration agreements usually contain provisions that require parties to take certain steps before the commencement of arbitration. Such clauses, often described as “multi-tiered” clauses…
Dr. Rukia Baruti, Secretary General of the AfAA
A common concern for arbitration practitioners in Africa is that when it comes to African seated arbitrations, African practitioners are…
