AbstractAt least one surprise occurs in every arbitral hearing. One of those surprises is when a witness testifies beyond what has been submitted in his written witness statement.
Often, such ‘out-of-scope’ testimony is unexpected, astonishing, and crucial for the outcome of the case. [...]
ABSTRACTThe arbitrability of civil fraud under Indian jurisprudence had been a victim of vaguely worded and scattered tests for a considerable period of time. In its recent
decision in Avitel Post Studioz Ltd v HSBC PI Holdings (Mauritius) Ltd., the Supreme Court of India finally put the uncertainties regarding the matter to rest by [...]
AbstractOn 5 May 2020, 23 Member States of the EU signed a plurilateral treaty with the purpose of terminating the nearly 130 Bilateral Investment Treaties (BITs) between them
(the so-called ‘intra-EU BITs’) and the 11 sunset clauses that continue in effect in intra-EU BITs that have already been terminated. [...]
AbstractCourt-ordered interim measures serve to reinforce and support tribunals’ jurisdiction and powers. Practitioners have long understood that national courts can and
should apply this supportive jurisdiction against third parties to arbitration over whom most tribunals lack power. [...]
AbstractWhile India formally recognizes the doctrine of severability of an arbitration agreement from the contract, this recognition gets strained when subjected to novation,
or invalidation of the contract. Until the enactment of the Arbitration and Conciliation Act 1996, the Supreme Court’s decision in Kishorilal validly held the field [...]
AbstractThis article examines the Supreme Court of Canada’s judgment in Uber Technologies Inc v Heller from an international commercial arbitration perspective, focusing
on two specific issues. The first issue is the Court’s application of a provincial domestic, rather than international, arbitration statute to Uber and Heller’s [...]
AbstractInconsistency has been said to be one of the most severe shortcomings the existing investor–State dispute settlement (the ISDS) system possesses. Inconsistency, if
not cured, is likely to affect the legitimacy of the ISDS. Partly in response to the claims of inconsistency and illegitimacy of the ISDS, the EU has proposed to [...]
Key PointsCountries around the world are confronted with an unprecedented health crisis, raising complex social, economical, and ethical challenges. To mitigate the spread
of COVID-19, and as a way to transition out of complete lockdown, several Latin American countries have deployed or are considering deploying digital contact tracing [...]
The current SARS-CoV-2 pandemic has wreaked havoc across the globe and exposed the vulnerabilities, weaknesses, and unpreparedness of our societies. The pandemic is a global
phenomenon, and several global trends can be inferred, regarding the economic, technological, and psychological impact it has generated. [...]
Key PointsThis article aims to discuss transparency and privacy on COVID-19 public data. The Brazilian context was chosen as a case study to understand how to implement transparent
COVID-19 government databases while respecting data protection.The article intends to answer the question: which technical approach could be implemented to publish [...]
