By: Rishabha Meena INTRODUCTION The issue here is with regard to the legality of the tariff imposed by the United States on imported washing machines and solar cells. It is inconsistent with the Agreement on Safeguards (hereinafter ‘AoS’) and the General Agreement on Tariffs and Trade, 1994 (hereinafter ‘GATT’). The Agreement on Safeguards and Article XIX of GATT deal with the application of safeguard measures … Continue reading Is Imposition of Tariffs by the U.S. on Imported Washing Machines and Solar Panels Legal?
By: Aman Bahl The law of naval warfare as it existed in 1907 and as it is apprehended in 2018 displays a few similarities but many differences. The fundamental similarity is that the law of naval warfare can be seen, then as now, as comprising predominantly of customary international law. The many disparities in this law have been caused by the major variations in the … Continue reading Autonomous Naval Mines: An Upcoming Threat to the Freedom of Navigation in the High Seas?
By: Saurabh Tiwari INTRODUCTION Globally, the issue of tax, investment, and dispute resolution in investment law is one that witnesses constant scuffle between the prominent players namely: the state and the investors. Jurisdiction of an arbitral tribunal plays a vital role in disputes between investors and state. States prefer the dispute to be resolved in their national courts as per their national laws while investors … Continue reading Treaty Shopping: A Melee Between the Primary Players
By: Akash Anurag & Udaiveer Singh Ahlawat A BRIEF OVERVIEW OF THE SYRIAN CIVIL WAR AND THE REFUGEE CRISIS As the Syrian conflict reaches its conclusion with the almost certain defeat of the rebel forces, more than 4,65,000 Syrians have been killed in the fighting, more than a million injured and over 12 million, half the country’s pre-war population has been displaced from their homes. The crisis … Continue reading A War That Should Never Have Happened: Analysing India’s Stand With Respect to The Syrian Civil War and Refugee Crisis
By: Tarini D. Prabhu INTRODUCTION International arbitration is growing as a means of dispute resolution today. Arbitration is considered a more cost-effective, timely, and flexible means of resolving disputes, without having to resort to litigation and its accompanying inconveniences. Although there is an effort to shift away from litigation and the regular courts, arbitration cannot completely sever itself from the courts as it ultimately depends … Continue reading Enforceability of International Arbitral Awards in Light of the New York Convention
By: Yash Lahoty INTRODUCTION The investment in different states other than the state of establishment (Parent state) is governed by International Investment Agreements (IIAs) also known as Bilateral Investment Treaties (BITs) between the contracting state parties. International Commercial Disputes are now preferably settled through international Commercial Arbitration that is specifically provided in the investment treaty itself. The treaty provides for all kinds of disputes possible … Continue reading The inclusion of Award or its Non-Enforcement in the Definition of the Investment
By: Soumya Jha INTRODUCTION Despite being one of the most popular dispute resolution mechanisms in today’s time, international arbitration continues to be an expensive process. Even though, the arbitration fraternity is on a constant lookout for ways to reduce cost and time in arbitration proceedings, these efforts to procedural reforms have their own limitations. This becomes impossible to ignore in mainly two situations: firstly, when … Continue reading Third Party Funding: Wrecking Or Renovating The Landscape Of International Arbitration?
By: Prakhar Agarwal INTRODUCTION The analysis of the various facets of the dispute resolution systems suggests that there are various objectives of the parties in choosing a particular type of dispute resolution system. These objectives could be in nature involving time, expenditure, and the credibility of the decision given by the forum. To enable parties in achieving their objectives through their preferred method of dispute … Continue reading International Arbitration: Arbitrability of Competition Law Issues
By: Neelam Meshram INTRODUCTION In the newfangled age of consistently increasing global trade and commercial disputes, one can see the steadily growing mechanism of arbitration as an alternative method of dispute resolution. Arbitration is a method whereby parties resolve their disputes using an arbitrator instead of national courts and more or less, people have found arbitration more approachable than courts due to many benefits like … Continue reading Arbitrability of Competition Law Issues: An Indian Perspective
By: Meenal Garg INTRODUCTION Arbitration has extended its scope globally by including within its ambit, the resolution of those disputes that were traditionally incapable of being resolved by this alternative dispute resolution method. Despite this development, competition law is one of those domains of law where the applicability of international commercial arbitration is still considered as a grey area because of various issues like recognition, … Continue reading Deciding Arbitrability of Competition Law Disputes: Making a Case for Adoption of Liberal Standards by National Courts