August 18, 2026 | International Arbitration | Investment Law India is reconsidering the framework governing its bilateral investment treaties at a time when governments around the world are attempting to strike an increasingly difficult balance between protecting foreign investment and preserving their own regulatory and judicial authority. Reuters reported on August 7, 2026 that the Indian government is reviewing its …

A foreign investor can, in certain circumstances, bring an international arbitration directly against a sovereign government, but the proposition is considerably more qualified than the phrase “an investor can sue a country” suggests. International investment arbitration does not ordinarily give every foreign shareholder, corporation, contractor or entrepreneur an unrestricted right to challenge whatever government decision has reduced the value of …

When an international arbitral tribunal orders a sovereign State to pay hundreds of millions or even billions of dollars to a foreign investor, the immediate political reaction is often framed around sovereignty: how can three arbitrators, sitting outside the country’s judicial system and possessing no democratic mandate from its citizens, impose a financial obligation capable of affecting public finances for …

​Investor–State Dispute Settlement (ISDS) has long been a cornerstone of international investment protection, designed to encourage cross-border investments by offering foreign investors a neutral forum to bring claims against host states. However, over the years, the system has faced increasing scrutiny over fairness, transparency, and its impact on national sovereignty. Today, ISDS reform has become one of the most critical …

The expansion of mobile arbitration platforms is set to revolutionize the field of international arbitration in the coming years. This trend is driven by the increasing ubiquity of mobile devices and the growing demand for flexible, accessible dispute-resolution mechanisms. As more people rely on smartphones and tablets for their professional and personal lives, integrating arbitration processes into these devices makes …

Smart contracts are often described as though they represent the end of legal uncertainty because they replace promises with computer code, intermediaries with automated execution, and post-breach enforcement with performance that occurs automatically once programmed conditions are satisfied. That description captures part of their attraction, but it also overstates what smart contracts actually accomplish and understates the legal problems they …

Blockchain technology entered mainstream public consciousness through cryptocurrencies such as Bitcoin, but reducing blockchain to cryptocurrency obscures the features that make the technology potentially relevant to international arbitration. At its core, blockchain is a form of distributed ledger technology in which records are maintained across a network according to defined validation rules, with cryptographic mechanisms helping participants verify the integrity …

In the digital age, the field of international arbitration has increasingly embraced technological advancements to streamline processes and improve efficiency. However, the integration of technology also brings heightened risks to data protection and privacy. This necessitates robust cybersecurity measures to safeguard sensitive information and maintain the integrity of arbitration proceedings. The Importance of Cybersecurity in Arbitration International arbitration often involves …

In a recent judgment between Esso Exploration and Production Nigeria Ltd v. Nigerian National Petroleum Corporation (decided on July 8, 2022, and cited as 19-3159 (L) (2d Cir. Jul. 8, 2022)), the United States Court of Appeals for the Second Circuit (“appellate court”) unanimously affirmed the judgment of the United States District Court for the Southern District of New York …

Starting a new business is an exciting adventure, but it can also be a complex process. One of the first and most important steps is to register your business. Proper registration ensures legal compliance and sets the foundation for your business operations. Here’s a comprehensive guide to help you navigate the process of registering a new business. Step 1: Choose …

Starting a new business is an exciting journey filled with innovation, creativity, and the drive to succeed. However, amid all the excitement, one crucial aspect that often gets overlooked is legal compliance. Ensuring that your startup follows all relevant laws and regulations from the beginning can save you from costly legal issues down the road. Here’s why legal compliance is …

International arbitration is a method of resolving disputes between parties from different countries outside the traditional court system. It offers a private, binding resolution that is often faster and more flexible than litigation. Here’s an in-depth look at the processes and procedures involved in international arbitration. What is International Arbitration? International arbitration is a consensual process where disputing parties agree …

The COVID-19 pandemic did not invent remote participation in international arbitration, but it forced the arbitration community to test virtual hearings at a scale and under circumstances that few institutions, tribunals or practitioners had previously contemplated. When international travel stopped, offices closed and governments imposed restrictions on physical gatherings, arbitral tribunals faced a practical choice between postponing proceedings indefinitely and …

In the rapidly evolving world of international arbitration, technology has become indispensable for enhancing efficiency, reducing costs, and ensuring fairness. As globalization intensifies and cross-border disputes become more frequent, integrating technological advancements into arbitration processes is beneficial and essential. Here, we explore how technology transforms international arbitration, from case management to the final award. Digital Case Management Systems One of …