by Harshal Morwale* “Arbitration is the grease that helps economies flow and brings us benefits around the world.” —David W. Rivkin Introduction Arbitration is a dynamic dispute resolution technique. An arbitrator’s powers normally derive from the arbitration agreement. With increasing number of cross border transactions and international trade contracts, the arbitrability of arbitration agreements holds… Read More The Concept of Arbitrability of Arbitration Agreements in India
by Malcolm Katrak* Recently, the Delhi High Court in the case of Union of India v. Vodafone Group, passed an ex-parte order restraining the Vodafone Group from pursuing an investment arbitration claim against India under the India-United Kingdom Bilateral Investment Treaty (India- UK BIT). The Court held that multiple claims cannot be permitted by corporate… Read More The Vodafone Tax Dispute: Abuse of Process in International Investment Arbitration?
Given the present debate – on both sides of the Atlantic (and beyond) – surrounding the future of ISDS and bilateral investment treaties, the EFILA Blog editorial board believes that a veritable dialogue must take place, allowing all arguments to be heard and all diverging positions to be defended. Discussing the status of an international regime… Read More Call for Contributions – EFILA Blog
Nasim Gheidi & Parham Zahedi, Gheidi & Associates (See Part 1 and Part 2 of this post here and here) Iran’s Bilateral Investment Treaties (BITs) Iran has signed more than 100 BITs (More than 50 of which are in force) with capital-exporting and neighboring countries for the reciprocal promotion and protection of foreign investment in Iran. The purpose behind these… Read More Arbitration in Iran: With Focus on International Commercial Arbitration (Part III)
Cambridge University Press has just published a new collective volume regarding the BRICS legal arena, suggestively entitled “The BRICS-Lawyers’ Guide to Global Cooperation”. Its editors are: Rostam J. Neuwirth (University of Macau), Alexandr Svetlicinii (University of Macau) and Denis De Castro Halis (University of Macau). In the international trade and development arena, new and developing… Read More Book Launch: The BRICS-Lawyers’ Guide to Global Cooperation
Prof. Dr. Nikos Lavranos, LLM (Secretary General of EFILA) In recent weeks, the UK has published several papers explaining its aims of leaving the EU and how it intends to shape its future trade relationship with the EU. One of the aims repeatedly publicly stated by the UK will be “to end the direct… Read More UK post-Brexit cannot escape the impact of EU law and of the Court of Justice of the EU
On 12 October 2017 Judge Christopher Greenwood, QC, will deliver the 3rd Annual EFILA Lecture 2017 entitled: “Most Favoured Nations Clauses in BITs – What is their Real Purpose (and their Real Effect) ?” LOCATION: Press Club Europe Rue Froissart 95 1000 Brussels PROGRAMME: 16.30 – 17.00 Registration Coffee, Tea 17.00 -17.15 Welcome address by… Read More Save the Date: EFILA Lecture by Judge Christopher Greenwood (12 October)