In this post, the authors map the journey of Pakistan in the investment arbitration regime from advocating, promoting, and endorsing to regulating and constraining its purview. The authors suggest that Pakistan’s BIT programme should undergo a systemic shift to promote itself. Continue reading Pakistan and Investment Arbitration: Are they Closer to a Line in the Sand?
In the second part of this series, the author continues to examine how current standards can accommodate future fossil phases out cases. The article ends with an analysis of how the current IIA regime can be re-evaluated to address the climate-investment conflict. Continue reading (BIT)s of Change: An Analysis of the Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 2)
With the introduction of a new regulation globally, that is, converting net-zero commitments into concrete policy, a big economic transformation is expected. International investment law, however, does not seem to cope with this new reality as it remains at odds with most of these developments. In the first part of this series, the author explores the conflict between climate and investment law. The author then analyses how current standards can be used in future fossil-fuel phase out cases. Continue reading (BIT)s of Change: An Analysis of The Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 1)
In this post the authors discuss the recent investigation by the European Commission in the matter of Spotify v. Apple, which has resurfaced the issue of the dominance established by the few Big Technologies. Efforts made by the competition regulators in European Union, the United States, United Kingdom and India to reduce this Big Tech dominance have so far been abortive. This article delves into the unsolved ambiguities in this area in the backdrop of the Spotify v. Apple case. Continue reading Time To Play Fair Vis-a-Vis Spotify vs Apple
The COVID-19 pandemic has reduced the ability of the leaseholders to utilise the leased property in an effective and profitable manner. However, the Indian courts have failed to grant any relief due to the archaic nature of doctrines of frustration, force majeure under the Transfer of Property Act, 1882 (‘TPA’). In this blog series the author critiques the nature and the inflexible approach of these doctrines under the TPA. The second post does a comparative analysis of the civil law jurisdictions and suggests the incorporation of a similar approach in order to better balance the interests of the lessor and the lessee in such circumstances. Continue reading Reconceptualising Frustration and Force Majeure under tenancy in India post COVID-19: Lessons from Civil Law Jurisdictions (Part 2)
In this post, the author subjects to scrutiny the way in which the Indian legal system is dealing with the outbreak of the COVID-19 pandemic and using it as a focal point, explores the concepts of the impossibility to perform a contract as opposed to the non-performance of a contract based on contingent events. Further, an analysis into whether or not the pandemic should get classified as a Force Majeure under Indian law is also provided while also drawing parallels with China, the epicenter of the crisis. Continue reading Disruption of Supply Chains due to COVID-19 – Can a Virus Give You an Excuse for the Delayed Performance of a Contract?