Young female practitioners breaking into the world of international arbitration

By Anna Rivetti, LL.B. Hankuk University of Foreign Studies, South Korea, and Diana Santana, LL.M. Queen Mary Law School, U.K.

Late last year, Herbert Smith Freehills Seoul and Kim & Chang held a “Women in Arbitration” Networking-Dinner and panel discussion as part of the Seoul ADR Festival 2019. The dinner aimed to provide an opportunity for female professionals in the Korean arbitration community to network with their industry peers and work to advance their position in arbitration. This article provides the perspectives of the authors based on the panel discussions.

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Highlights from the 2019 Rules of the Milan Chamber of Arbitration

By Gustavo Minervini, LL.M., Ph.D. 

On 1 March 2019 the Milan Chamber of Arbitration issued its amended Arbitration Rules (the “2019 Rules’”) with the aim of improving “the efficiency and the rapidity of arbitral proceedings [while] ensuring the necessary guarantees.”  This objective follows the current international trend.  Indeed, in the last decade, several arbitral institutions have revised their rules in order to guarantee that arbitrations are conducted in an expeditious and cost-effective manner, without sacrificing fairness and reliability.  

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The Role of Precedent in ISDS: Can Decisional Law Contribute to the Creation of Customary Norms?

By Rebecca Meyer

ISDS is a fragmented field, consisting of a few thousand bilateral investment treaties (“BITs”) and treaties with investment chapters – such as the Energy Charter Treaty (“ECT”) or the North American Free Trade Agreement (“NAFTA”).  These instruments that regulate foreign investment are often similar but are not the same.  Yet, even where different bilateral relationships are governed by technically distinct obligations, there is often a level of consistency among ISDS decisions.  This coherence results from the precedent-like reliance on earlier ISDS decisions.

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

by Prerona 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.

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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.

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