A new arbitration centre in India is opening in the Indian city of Gurugram, located just southwest from New Delhi. The initiative for this new arbitration centre came from the Punjab and Harayana High Court. Although due to lengthy administrative procedures and government approvals it might take a few years for it to become operative, […]
Indian Investment Arbitration Regime Changes
Since the beginning of 2012, India has enacted significant changes with respect to the Indian investment arbitration regime. A new model Bilateral Investment Treaty (“BIT”) was approved in 2015 and will be used to renegotiate all future BIT’s signed by India. In 2016, India also terminated its existing BIT’s with 57 countries, showing India’s intent to withdraw from the Investor-State […]
Mumbai Centre for International Arbitration (MCIA)
The Mumbai Centre for International Arbitration (MCIA) was established in India as a joint initiative between the Government of Maharashtra and the domestic and international business and legal communities, in order to transform Mumbai into a major international financial centre. It hopes to bring most Indian cases back from the Singapore International Arbitration Centre (SIAC), […]
Third-Party Funding In Asia
Recently, a client asked whether third-party funding was legal in Asia. Jana Karam helpfully compiled the following information, which shows that third-party funding is permissible in the vast majority of jurisdictions, but not in China or Singapore, where it is clearly not allowed. Below is a review of the current status of third-party funding in […]
The Law Governing the Arbitration Agreement in LCIA Arbitrations: Where You Stand Depends on Where You Sit
The Law Governing the Arbitration Agreement in LCIA Arbitrations: Where You Stand Depends on Where You Sit New 2014 LCIA Rules Introduce Default Rule that the Law Applicable to an Arbitration Agreement is the Law of the Seat By Hussein Haeri The autonomy and separability of an arbitration clause from its underlying contract is a […]