Call for Entries: RMLNLU-CTIL Conference on International Trade Law [February 02, 2020]

The Journal Committee at Dr. Ram Manohar Lohiya National Law University, Lucknow, in collaboration with Centre for Trade and Investment Law, Indian Institute of Foreign Trade is organising RMLNLU-CTIL Conference on International Trade Law (7th RMLNLU International Legal Essay Writing Competition) on February 02, 2020. THEMES: 1. Policy Proposals for Export-Led Growth in compliance with WTO Law Exports continue to be a significant part of … Continue reading Call for Entries: RMLNLU-CTIL Conference on International Trade Law [February 02, 2020]

Blockchain Technology: Importance of Transnational Laws and Jurisdictional Issues in Blockchain Dispute Resolution

By: Rabindra Kumar Mitra INTRODUCTION “The real problem is not whether machines think but whether men do.” – F. Skinner Today, the term ‘Government’ is associated with incompetence, corruption, red-tapism, and power being concentrated in the hands of the few. The same picture is reflected in Banks, Courts and other instruments of the State. So, what happens if these intermediaries are released from their supervisory … Continue reading Blockchain Technology: Importance of Transnational Laws and Jurisdictional Issues in Blockchain Dispute Resolution

Cyber Security in the Age of Privacy

By: Urmil Shah INTRODUCTION The internet has developed so rapidly since the 1990’s that we have now entered an age where we require laws to regulate and govern it. Essentially, the internet relies upon voluntary adherence and theoretically is a network of people passing along packets of information so that when the time comes you pass along packets for them. Tim Berners Lee, the inventor … Continue reading Cyber Security in the Age of Privacy

Jurisprudence: Deliberating upon Cyber Economic Espionage

By: Priyadarshini Barua INTRODUCTION At the China Institute Event in April, New York, Gilbert Kaplan, an undersecretary for international trade at the US Commerce Department, said that China is “stealing American intellectual property and engaging in commercial cyber espionage”. It is not the first time that the country has been accused of economic espionage. Back in 2014, Reuters reported that the United States had charged … Continue reading Jurisprudence: Deliberating upon Cyber Economic Espionage

Enforceability of International Arbitral Awards in Light of the New York Convention

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

The inclusion of Award or its Non-Enforcement in the Definition of the Investment

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.[1] 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

Third Party Funding: Wrecking Or Renovating The Landscape Of International Arbitration?

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.[1] Even though, the arbitration fraternity is on a constant lookout for ways to reduce cost and time in arbitration proceedings,[2] 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?

International Arbitration: Arbitrability of Competition Law Issues

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

Arbitrability of Competition Law Issues: An Indian Perspective

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