-Om Agrawal and Shivendra Narayan* First Runners Up, 1st RGNUL Arbitration Essay Writing Competition With an ever-expanding list of businesses declaring their exit from Russia, the world witnesses an attempt at economic decoupling at a scale with no precedent in the age of globalization. Apart from the devastating humanitarian impact of the invasion of Ukraine, … More THE RUSSIA-UKRAINE CONFLICT AND SUBSEQUENT ECONOMIC MEASURES: THE INVESTMENT ARBITRATION PICTURE
-Alay Raje and Samridhi Shrimali* Seconds Runners Up, 1st RGNUL Arbitration Essay Writing Competition Introduction: “A fool repays a salve by a stab, and a stab by a salve” The escalating concerns surrounding the participation of amicus curiae [“amicus”] in investment arbitrations can be truly sketched by the above quote, meaning that; only a fool … More UNFURLING THE AMICI PARTICIPATIONS IN INVESTMENT ARBITRATION: AN ANTIDOTE NEEDED?
Preksha Mehndiratta* Introduction In view of the recognition of the public interest involved in investment arbitration, there have been efforts over the past decade to improve the procedural transparency in such proceedings. However, most of these efforts matured in the form of optional instruments such as the United Nations Commission on International Trade Law (‘UNCITRAL’) … More The Emergence of the Presumption of Transparency in Investment Arbitration
– Anirudh Vats* Abstract On 1 May 2020, ICSID and UNCITRAL released the new Draft Code of Conduct for Adjudicators, a comprehensive new draft that seeks to regulate the much-discussed problem of Double Hatting. Double Hatting refers to the practice of one individual simultaneously acting as arbitrator and legal counsel in two separate disputes. This … More Double Hatting and the new Draft Code of Conduct for Adjudicators: Putting the debate to rest and redefining adjudicator impartiality in Investment Arbitration.
– Tushar Chitlangia and Vipasha Verma* Abstract India and Brazil ratified the India-Brazil Investment Treaty this year. With this began a new era of diplomacy in foreign investment. The systematic institution of investment arbitration has been evolving over the years and with it, the Investor-State Dispute Settlement (ISDS) mechanism has been the ideal model for … More Analysing India’s Deviation from Investor-State Dispute Settlement through the Lens of India-Brazil Bilateral Investment Treaty 2020
Dear Readers, Greetings from CADR, RGNUL! We are pleased to announce the launch of the ‘CADR Webinar Series‘, whereby we will be hosting sessions involving discussions on various topics of ADR and consociated issues. We begin with the first discussion on 9 April 2020 on the topic – ‘Scrutinising recent developments in Domestic Arbitration‘. Mr. … More CADR Announces the Launch of ‘CADR Webinar Series’
Dear Readers, We hope that in these testing times, you and your loved ones are safe and well. The entire CADR Team keeps in its thoughts and prayers those who are struggling with this pandemic and those who have lost their lives. The Third Issue of the Second Volume of the Newsletter is now out. … More March 2020 Issue of the Newsletter released!
Dear Readers, The Second Issue of the Second Volume of the Newsletter is now out. In the February Edition, we look at interesting developments that have occurred in the field of ADR over the past month. In International Arbitration, we look at the Southern District Court of New York’s holding in Top Matrix Holdings, In … More February Issue of the Newsletter released!
Dear Readers, Thank you for a wonderful response to the first issue of the Newsletter. The Newsletter initiative began with the observation that there exists a lacuna in the provision of information relating to ADR to the practicing community, and we wanted to provide a solution to the same. In keeping with that, we are … More January Issue of the Newsletter now out!
Paras Jain* Introduction The decision given by the CJEU in the case of Slowakische Republik (Slovak Republic) v. Achmea BV (hereinafter Achmea ruling) is being called as a loud clap of thunder. The decision will have a lasting effect on the Investor State Dispute Settlement (ISDS) system in Europe. In this blog post, the author … More Structuring Investment Arbitration Agreements in Post-Achmea Europe