Publications

The book analyses the issue of the quotaholding in the limited liability company, a reality of central importance in the Italian economic and entrepreneurial scenario, repeatedly subject to regulatory interventions (most recently, by the so-called Capital Law, Law no. 21 of 5 March 2024).

The authors examine the general principle…

This article provides a detailed analysis of the two recent ICSID investment arbitrations against Mexico, which have been filed under the North American Free Trade Agreement and the United States–Mexico–Canada Agreement, alleging denial of justice. The claimants argue that the actions by the Mexican judiciary violated due process rights, a…

The article discusses several disputes involving the enforcement of demand guarantees provided by Italian contractors to public entities in European countries. Italian companies initiated precautionary proceedings in Italy to inhibit the enforcement or payment of these guarantees and counter-guarantees.

The document examines two orders from the Rome Court and one…

Interim relief has always been a challenge in international arbitration. Despite some legislative steps to incorporate enforcement of interim measures issued by arbitrators, a question remains: do the rules on recognition and enforcement of tribunal-ordered interim measures guarantee the principle of effective judicial protection? To answer this question, this article…

This article addresses three topics. First, it refers to the various investment arbitration cases launched against Mexico on the basis of denial of justice allegations following the Lion Mexico Consolidated LP v United Mexican States award. Second, it analyses the relevance of the PACC Offshore Services Holdings LTD v United…

In May 2023, Lahore, Pakistan’s second-largest city and the capital of the province of Punjab, hosted a two-day international conference co-organised by the Chartered Institute of Arbitrators’ Pakistan Branch. Under the motto Review, Reflect and Revive, Pakistan International Disputes Weekend 2023 (PIDW 2023) aimed to address the issue of more…

CAREERS IN ARBITRATION, PAKISTAN, PAKISTAN INTERNATIONAL DISPUTES WEEKEND (PIDW)

CPEC, PAKISTAN, PAKISTAN INTERNATIONAL DISPUTES WEEKEND (PIDW)

Meaning

Consumer law also known as consumer protection law, refers to the body of legal principles, rules, and regulations that protect the rights and interests of consumers in their interactions with businesses and suppliers. It encompasses a set of laws and regulations designed to ensure fair and ethical…

Now and then… Watching the evolution of international arbitration in the last four decades has been fascinating, including the evolution in the Arab region. “One should speak, when discussing the subject at large, of ‘arbitrations’ in the plural, for otherwise the sense of diversity may be lost” wrote a famous…

This article discusses the latest developments in the Caribbean courts relating to the issue of arbitration clauses vis-à-vis insolvency proceedings. The authors examine Kenworth Industrial v Xin Gang Power Investments [2022] ECSC J1111-2, the first reported decision in the British Virgin Islands dealing with the issue of the court's jurisdiction…

in Estudos em Homenagem à Professora Doutora Maria Helena Brito, Gestlegal, 2023

Bringing together leading experts from across the UK and Europe, this book provides a comprehensive analysis of the impact of Brexit on the energy sector in the UK and in the European Union and its Member States. In recent decades, the trend within the EU has been towards greater integration…

What Now? Preliminary Thoughts on Obtaining Evidence in the U.S. under Section 7 of the Federal Arbitration Act in the Aftermath of ZF Automotive

The first formal negotiating round in the Indo-Pacific Economic Framework for Prosperity (IPEF) took place 10-15 December 2022 in Brisbane, Australia, and the next round is scheduled for 8-11 February 2023 in India. While the Biden Administration has launched a similar trade and economic initiative in the Americas and a…

This article focuses both on specific contractual clauses necessary to apprehend particular features of certain sources of renewable energies and, more generally, on emerging contractual techniques used in the renewables sector.

The following article discusses the changes in investment protections resulting from the 2018 adoption of the United States–Mexico–Canada Agreement (USMCA), a new treaty between the three neighboring countries, to replace the 1994 North American Free Trade Agreement (NAFTA).

It begins with an introduction to NAFTA, its contributions to the field…

This Perspective suggests including drafting guidelines for an investor’s legitimate expectations under an FET standard into IIAs. The author argues for a more structured methodological approach toward an assessment of legitimate expectations by way of the application of some elements of proportionally. Specific drafting suggestions are proposed.

The current era of emergencies, which includes climate change, environmental challenges, armed conflicts, and health crises, has a profound impact on foreign direct investment (FDI). A panel held on 27 September 2022 as part of the second edition of the World Arbitration Update (WAU) engaged with the effect of such…

The popularity and longevity of international arbitration depends heavily on the quality of

arbitral awards, the arbitral process, and the tribunals appointed by practitioners and institutions.

In this article, the authors argue that practitioners and institutions need to consider a more diverse

range of candidates for arbitrator appointments, to enlarge…