Appellate Court, Counterclaims, Exhaustion of Local Remedies, Frivolous Claims, Investment Arbitration, Reform, Third party funding, UNCITRAL

(Columbia Law School), (Georgetown Law), and (School of Law, Christ University)/ /2 Comments

Calls for investor-State dispute settlement (“ISDS”) reform have persisted for some time (see blog coverage here). Competing calls for retaining the status quo, modifying the system, or abandoning the system altogether have each gained traction. With a drastic increase in the number of investment cases being brought, accompanied by the “mega” awards, the international community…

Arbitrability, Fraud, India

(School of Law, Christ University)/ /Leave a comment

The Supreme Court of India (“Supreme Court”) recently ruled on the arbitrability of fraud in the case of Avitel Post Studioz Ltd. v. HSBC PI Holdings [2020] (“Avitel”). The judgement lays down the tests to determine “serious allegations of fraud” and thereby disputes which cannot be resolved through arbitration. Various developments in the jurisprudence of…

Arbitration, Data Protection, Disclosure, Egypt

(School of Law, Christ University)/ /Leave a comment

Egypt recently set out a legal framework for the protection and regulation of personal data. The legislation was brought about to regulate the protection of personal data which is stored and processed electronically. However, the law is silent on its application to arbitration and arbitral proceedings. The intersection between arbitration and data protection is not…