A Critical Analysis of Third Party Funding (TPF) in Arbitration

By Digvijay Dam*

The author has separately dealt with two of the most controversial issues relating to TPF namely, “ordering security for costs in TPF” and “awarding successful claimants their costs of TPF”. However, as of now they are only of an academic deliberation and does not have a definite legal standing, due to conflicting precedents and multifarious views of eminent scholars/arbitrators.Read More »

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Transnational Justice Matters: An ICC Overview

By Rakesh Roshan*

On 1st July 2017, the International Criminal Court completed 15 years. While there are 24 cases that have been brought before the Court, it has only managed to convict 4 individuals in all these years, but it is hoped that it carries to deliver universal justice in an unprecedented manner.

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Source: About ICC

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Need for implementation of Multilateral agreement on Investment vis-à-vis Dispute Settlement in WTO

– By Aayushi Singh*

Introduction – Cogs of the same wheel – Trade and FDI

From where do we get the much-assumed co-relation between trade and Foreign Direct Investment (FDI)?  Let us draw from the theory of Grazia Ietto-Gillies who opined that the reason for the growth of FDI and MNCs were rooted in neoclassical economics based on macro-economic principles.[1] These theories were based on the classical theory of trade in which the motive behind the trade was a result of the difference in the costs of production of goods between two countries, focusing on the low cost of production as a motive for a firm’s foreign activity.[2] The relation between trade and FDI flows from this. Analytical work has recently been developed by OECD in order to explore the nature of these links in quantitative terms.[3]
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Urbaser v. Argentina: Analysing the Expanding Scope of Investment Arbitration in light of Human Rights Obligations

[This article was published at EFILA Blog (here) on 2nd May, 2017]

 

While allowing investors the right to directly bring a claim against the States has said to be the single most progressive development in International Law in the 20th century, they also have gained recognition as ‘subjects’ of international law. It is this recognition which puts a corollary duty on the investor to regard human rights while carrying out activities in the host state. Over the past couple of decades, there has been a growth in, both, international human rights jurisprudence and investment arbitration claims by investors against States. With both procedural and substantive matters of importance coming to the fore, it has led to the convergence of both the areas and raised a valid concern of the importance of erga omnes obligations of human rights in investment arbitration. A human rights concern is a two-way street, with States being concerned about human rights violations by the investor in their territory and the investor being careful that his/her human rights are not unjustly violated by the State.

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Interview: João Ribeiro, Head, Regional Centre for Asia and the Pacific, United Nations Commission on International Trade Law (UNCITRAL)

Mr. João Ribeiro serves as the Head of Regional Centre for Asia and the Pacific, United Nations Commission on International Trade Law (UNCITRAL), Incheon, Republic of Korea. He leads the Centre’s efforts in providing advice to Governments in Asia-Pacific region on the development of long-term strategies for the promotion of the harmonisation and of the modernisation of international trade law.

The views expressed herein are his own and do not necessarily reflect the views of the United Nations.Read More »

Voestalpine Schienen GmBH v. DMRC: Tending Towards International Standards of Impartiality in India

 

Arbitration in India in the past couple of years has seen some major changes. As the Arbitration Amendment and Conciliation (Amendment) Act, 2015 brought some drastic substantive and procedural changes in arbitral jurisprudence, the Indian judiciary, starting with BALCO v. Kaiser,   has also made an attempt to make the environment as conducive as possible for arbitration, putting it on an international pedestal with the aim of making India a preferred seat of arbitration. In the recent judgment of Voestalpine Schienen GmBH (VSG) v. Delhi Metro Rail Corporation Limited (DMRC), the Supreme Court clarified Section 12 for the purposes of impartiality and neutrality required for the appointment of an Arbitrator and settled the issue at an Apex stage.

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US attack on Syria: Use of Force and Norm Creation

by Sujoy Sur

The United States of America fired 59 Tomahawk missiles at an air base in the Syrian town of Khan Sheikhoun on 6th April. This was 2 days after chemical weapons were used in the same Syrian town, which killed over 80 people, including at  least 20 women and 30 children. However, the question arises whether USA’s act can in any manner be held a) a legitimate response, b) a valid act in itself.Read More »