In this article the author analyses how host states often seem to be reluctant while implementing certain policy measures which directly or indirectly affect foreign investments in the country. This largely happens as a result of the threat of arbitration that the host state may face, this reluctance to is known as the 'regulatory chill'. This article delves into this issue in detail by drawing an analysis with reference to India.
In this post, the author highlights the alter ego ground undertaken in the Cairn dispute, against the Indian Government and Air India. The piece refers to US jurisprudence on the alter ego, and applying the same, the author has concluded that Cairn’s action would fail as Air India does not pass the standards for being an alter ego of a State.
The English High Court in its decision W Ltd. v. M Sdn Bhd, while holding that the sole arbitrator appointed in the arbitration is impartial and independent, has been highly critical of the 2014 IBA Guidelines on Conflict of Interest. The court by assuming an international role for itself has considered it necessary to highlight certain “weaknesses” of the guidelines and even goes on to the extent of saying they are not “correct”. Through this blog post, Aashna Aggarwal argues that such an approach exceeds the competence of a domestic court and should have been rather left for the IBA Committee to consider.
In this second part of the two-part editorial blog series, Kishan Gupta (5th year, RMLNLU) and Pragya Singh (4th year, NLUJ) discuss the interpretation given to the ground of 'public policy' by the Supreme Court in Ssangyong case. While doing so, the authors have traced the evolution of the ground and have compared it with the current understanding of the term. They have also highlighted few loopholes in the apex court's exposition of the law and have discussed how it might prove problematic in the near future.
The blog deals with new bill presented in the US Senate titled "Forced Arbitration Injustice Repeal Act". The bill is still under consideration and it proposes amendments in the prevalent Federal Arbitration Act. The bill will end the regime of the "mandatory arbitration clause" which exists in the Federal Arbitration Act for employees. This blog by Vijay Mishra (5th-year) and Vijaya Singh Gautam (4th-year) (RGNUL, Punjab) attempts to analyse the proposed amendments and its impact on the employees and employers. The authors have concluded the present piece by noting that the bill tends to place the employees in a negotiating position while signing the contract for employment hence changing the balance of power.