Foreign Dispute

foreign direct investment, Foreign Dispute, Foreign Investment Law, ISDS, ISDS Reform

(Sullivan & Cromwell)/ /Leave a comment

The author presented on this topic at the ACICA/CIArb Future Frontiers Conference, held in Melbourne, Australia on 7 November 2022 during Australian Arbitration Week.  This piece elaborates on the presentation that was delivered. In the last decade, as more states have refused to comply with arbitral awards, attempts have been made to seize the assets…

Arbitration Act 1996, English Arbitration Act, English courts, Foreign Dispute, UK, Witness Statement

, (Squire Patton Boggs)/ /Leave a comment

In A and B v C, D and E [2020] EWCA Civ 409, the English Court of Appeal issued on 19 March 2020 an order compelling a non-party to arbitration proceedings seated in New York to give evidence in support of the arbitration.   The Arbitration The dispute arose under two settlement agreements between A…

Foreign arbitral awards, Foreign Dispute, Foreign seat, India, Seat of the arbitration

(National Law University, Delhi) and (National Law University Delhi)/ /2 Comments

The question whether two Indian parties can choose a foreign seat of arbitration has become far too obfuscated with some recent judicial pronouncements. This article seeks to argue that the scheme of Indian Arbitration and Conciliation Act (“Act”) itself does not permit it. In India, enforcement of arbitral awards is covered in two parts under…

Arbitration, China, Foreign Dispute

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment
WilmerHale

Under Chinese law, disputes may only be submitted to arbitration outside China and/or under the auspices of foreign arbitral institutions if the dispute is “foreign related.”1)Chinese arbitration law adopts a two-track approach, applying different rules to domestic arbitrations and “foreign” or “international” arbitrations. This is consistent with the New York Convention and most national arbitration…