Investment tribunals are well-known to examine the abuse of rights doctrine in various contexts, including illegitimate corporate restructuring (Phillip Morris v Australia, para. 588; Lao Holdings v…
A five-judge Bench (“Constitution Bench”) of the Supreme Court of India (“SC”) recently delivered a landmark judgment in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV) (“…
Can a party refuse to participate in an arbitration, and thereafter challenge the arbitral award on the ground that the arbitrator failed to consider a point which was not put in issue? The Singapore…
The famous saga Sultan de Sulu is coming to an end in France with the French Cour de cassation (Cass. Civ. 1re 6 November 2024, hereinafter the “Ruling”) upholding the Paris Court of Appeal's…
Investor-State Dispute Settlement (“ISDS”) has gone through significant changes over the years. Before arbitration became the principal mechanism for resolving investment disputes, options of foreign…
The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email…
The subject of unilateral appointment of arbitrators arising from the Supreme Court of India’s (“Court”) three-judge bench decision in Central Organization for Railway Electrification v. ECI SPIC SMO…
The new bilateral investment treaty (“BIT”) between India and the United Arab Emirates (UAE) entered into force on 31 August 2024 (replacing an earlier 2013 treaty between the two nations). Aside…
Dating apps are now a central part of many people’s lives. Yet many users perhaps overlook that use of this kind of app usually comes with an arbitration agreement. Almost all major dating apps—…
Another trip around the Sun has brought a wealth of notable developments. Courts across Canada have addressed a multitude of issues, including challenges to arbitrators due to reasonable apprehension…
