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 »

The Technostars Shall Rise

Imagining the next generation of arbitrators…

By Garv Malhotra*

     I. Introduction

The development of arbitration as a formal system of dispute resolution has transfigured it into a highly evolved version of its primitive self a century back. Alongside the process, the players have also matured into influential stakeholders with defined roles and scope of flexibility. So how have the profiles of arbitrators changed over time?Read More »

Interview: Dr. Wolfgang Alschner, Assistant Professor, University of Ottawa

wolfgang_alschner_medium_fotorDr. Wolfgang Alschner, Assistant Professor at the University of Ottawa, is an empirical legal scholar specialized in international economic law and the computational analysis of law. He holds a PhD in International Law from the Graduate Institute of International and Development Studies in Geneva, a Master of Law from Stanford Law School, a Master in International Affairs from the Graduate Institute as well as an LLB from the University of London and a BA in International Relations from the University of Dresden, Germany. Prior to joining academia, he worked for UNCTAD’s Section on International Investment Agreements. He co-founded the investment treaty analytics portal www. mappinginvestmenttreaties.com and has published in leading peer-reviewed journals.
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India’s Joint Interpretive Statement for BITs: An Attempt to Slay the Ghosts of the Past

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By Sarthak Malhotra

(This article was originally published in ITN Quarterly, December 2016, International Institute for Sustainable Development here.)

India has bilateral investment treaties (BITs) or bilateral investment promotion agreements (BIPAs) in force with 72 countries.[1] The initial duration of these agreements with 25 countries has not yet expired.[2] The Government of India (Government) has recently begun negotiations with these countries proposing a Joint Interpretative Statement (Statement)[3] containing clarifications similar to the text of India’s new Model BIT.[4] We highlight below nine of the clarifications included in the Statement.Read More »

A critical analysis of the Fifth Report of the Special Rapporteur on Immunity of State Officials from Criminal Jurisdiction

By Sujoy Sur

[This article is a critical analysis of the Fifth Report of the Special Rapporteur, Ms Concepción Escobar Hernández, on Immunity of State Officials from Criminal Jurisdiction, discussed during the 68th session of the International Law Commission. It was written as a part of an internship at the International Law Commission, Geneva during its 68th session in 2016]

The Report A/CN.4/701 can be accessed here. Since it is a lengthy report, a summary of the Report in the form of a conclusion drawn by the Special Rapporteur that there must be exceptions and limitations to the immunity of State Officials can be read onwards page 92 of the Report. This article is not a comprehensive critique of the Special Rapporteur’s report but a mere critique of the methods employed by the Rapporteur and the line of reasoning the Rapporteur tries to establish to make a case for exceptions to immunity of State officials in certain cases. Since diplomatic protection of State Officials is a customary norm, there is a prevailing trend of immunity in its favour, both in terms of Rationae Materie and Rationae Personae. The following analysis must be read in light of this established fact.Read More »

Transparency in International Commercial Arbitration: The Road Ahead

By Sarthak Malhotra 

In 1995, a former Secretary General of the ICC International Court of Arbitration, Stephen R. Bond, in an article, noted that the users of international commercial arbitration “almost invariably” mentioned the fact that the arbitral proceedings and the resulting award do not enter into the public domain as a feature which attracted parties to it.[1] Whether confidentiality is an essential feature of international arbitration cannot be stated with certainty, considering how the New York Convention and the UNCITRAL Model Law on International Commercial Arbitration do not expressly recognize it.Read More »