Publications
- Article 15 October 2022
Climate Change, Emissions Liability, and Multinational Corporations: Notes from Friends of the Earth v. Royal Dutch Shell (NLUD Journal of Legal Studies (4) (2022) 43-60)
The recent decision of the Hague District Court in Friends of the Earth v Royal Dutch Shell marks the first instance where a duty was cast on a corporation to reduce its carbon emissions. Consequently, this decision is significant in the efforts to create a regime of corporate emissions liability. Little attention, however, has been spent on how this decision treats legal entities. In holding Royal Dutch Shell responsible for Shell…
- Article 15 September 2020
Country Report: India (in Franco Ferrari, Friedrich Jakob Rosenfeld, et al. (eds), Due Process as a Limit to Discretion in International Commercial Arbitration (Kluwer Law International 2020), 217 – 236)
This chapter examines how Indian courts administer due process guarantees at the post-award stage. Section §10.02 begins with an overview of the relevant normative framework and the sources of interpretation that Indian courts have drawn upon to determine the meaning of the different due process guarantees. Section §10.03 shows how this framework applies in practice by discussing examples of successful and unsuccessful recognition and…
- Article 18 February 2020
Article 14 — Failure or Impossibility to Act (in Ilias Bantekas, Pietro Ortolani, Shahla, et al. (eds), UNCITRAL Model Law on International Commercial Arbitration: A Commentary (Cambridge University Press 2020), 255-276)
First, after some discussion about its ambiguity, the Working Group ultimately decided to retain the phrase ‘de jure or de facto’ as it wanted to ensure consistency with the 1976 UNCITRAL Arbitration Rules. The text of article 14 of the Model Law was based on article 13(2) of the Rules, which uses the phrase ‘de jure or de facto’. Like article 14 of the Model Law, article 13(2) of the Rules permits an arbitrator to resign and withdraw…
- Article 15 July 2016
Arbitrating issues of Corruption in India: An Uncharted Beginning (World Arbitration and Mediation Review (3) (2016) 407 — 436)
Arbitrating corruption issues tends to highlight what has been called the paradox of arbitration, i.e., that arbitration must remain tethered to the very public authorities it seeks freedom from. And while friction is perhaps inevitable with public illegalities being addressed in what are essentially private procedures, it is also a useful litmus test of arbitration’s fitness to deal with rapidly expanding frontiers. This paper…
- Article 10 January 2015
The Consistency of Capital Flow Regulation under the US Model BIT 2012 vis à vis the IMF and the WTO (Trade and Investment Research Papers, Graduate Institute (Geneva) (2015))
This paper compares capital flow regulation across the Articles of Agreement of the International Monetary Fund, Bilateral Investment Treaties (specifically the US Model BIT 2012), and the GATT and the GATS agreements administered by the World Trade Organization. Revisiting these regulatory frameworks is significant in the context of increased global liquidity following the extensive use of unconventional monetary policies in recent…