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International investment law is a law field known for granting a wide array of legal rotection to private companies. Traditionally, the latter have had very few obligations vis-à-vis their host States. The abundant case law, which originates from arbitral tribunals, have thus mostly focused on...
It is self-evident that there can be no justice if the judge is biased.The subject of judicial bias is vast and complex. Though the policy of the law is clear, addressing bias remains a challenge.This article is in two parts: The first presents the underlying common law principles of judicial...
The power of remission under Article 34(4) of the United Nations Commission on International Trade Law (UNCITRAL) Model Law often rides on a thin line between arbitral autonomy and curial intervention. This is exemplified at various stages of its exercise including the grounds for remission,...
Public policy can be raised in the context of setting aside or enforcing an arbitral award, and there is within international commercial arbitration a general consensus that the public policy concept should be defined narrowly. There is one aspect of public policy in particular which highlights...
Can two Indian parties elect a foreign seat of arbitration? This question has been the epicentre of a long-standing divergence in judicial opinions across Indian courts. However, this divergence was put to rest by the Supreme Court of India in PASL Wind Solutions (P) Ltd. v. GE Power Conversion...
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