Indian Supreme Court revisits the distinction between Seat and Venue of arbitration

by Perona Banerjee and Rajvansh Singh

The legal quandary between a “seat” and “venue” of arbitration was resolved by India’s Supreme Court (“SC”) in its judgment in Bharat Aluminium Company v. Kaiser Aluminium Technical Services (“BALCO”). This decision clarified that the seat of the arbitration, once chosen, attains a permanent character which decides the scope of the powers and determines the court that has the final supervisory jurisdiction over the arbitration. By contrast, the venue is described to be provisional in nature and is merely for administrative convenience.

Continue reading Indian Supreme Court revisits the distinction between Seat and Venue of arbitration

USMCA – An Analysis of the proposed ISDS Mechanism

By Niyati Ahuja, University of California, Berkeley School of Law

Introduction

The United States, Mexico, and Canada renegotiated the 25-year-old North American Free Trade Agreement (NAFTA) in 2018. As a result of these renegotiations, the parties agreed on new terms to formulate “NAFTA 2.0” or the U.S.-Mexico-Canada Agreement (USMCA) in the United States, the CUSMA in Canada and, the T-MEC in Mexico.

Continue reading USMCA – An Analysis of the proposed ISDS Mechanism

The Judgements Convention: A game changer in the field of international commercial disputes?

By Chintan Nirala, Advocate LL.M. King’s College London, and Kathleen Mpofu, Intern at ICCA

The Hague Conference on Private International Law (HCCH) started the Judgements Project in 1992 which focused on two facets of cross-border litigation: international jurisdiction of courts and recognition and enforcement of their judgements abroad. The project has produced two conventions: The 2005 Choice of Courts Convention and the 2019 Convention on the Recognition and Enforcement of Foreign Judgements in Civil or Commercial Matters (the Convention).

This post will provide an analysis of the Convention, looking at practical issues such as its goals, entry into force, key provisions and what its conclusion could possibly mean for the future of international commercial dispute resolution.

Continue reading The Judgements Convention: A game changer in the field of international commercial disputes?

Improving the Participation of Minorities in International Arbitration

By Fakhruddin Ali Valika, LL.M. student at Columbia University

This blog post provides a summary of a YICCA workshop held on 26 September 2019 in New York.  The event was jointly organized with the Blacks of the American Society of International Law (BASIL) – a task force formed in 2014 at the invitation of ASIL’s former Honorary President Gabrielle K. McDonald).

The NY event was the second collaboration between the two organizations and arose out of a call to action by Donald Donovan (Partner at Debevoise & Plimpton in NY, and former ICCA President), whose firm generously hosted the workshop.  The event was also supported by the ArbitralWomen; the American Bar Association’s Section of International Law; the Equal Representation in Arbitration Pledge; and the New York International Arbitration Center.

Continue reading Improving the Participation of Minorities in International Arbitration

A further step towards business and human rights arbitration – The Hague Rules

By Maria Laura Izzo, Lawyer at Pinsent Masons

Recently, focus has been brought upon the use of international arbitration to solve human rights abuses caused by businesses (“BHR Arbitration“). Disputes involving human rights violations often occur between parties of unequal financial means and commercial sophistication, and in countries which cannot offer an efficient and free from corruption judicial system. Arbitration has the potential to represent a valid remedy when judicial proceedings are not available or efficient, offering a neutral forum free from political pressures, impartial judges with expertise in human rights selected by the parties, procedural flexibility, greater efficiency and near-universal recognition as a result of the New York Convention.

Continue reading A further step towards business and human rights arbitration – The Hague Rules