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Def.
Lex-O-Pedia
Is a Pathological Arbitration Clause Fatal, and Does "No Discovery" Mean No Documents?
A clause naming a non-existent "International Arbitration Tribunal (VIAC)", seated in the wrong city and banning "discovery": a case study in how tribunals cure defective clauses, order targeted document production, and weigh vague settlement offers on costs.
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Columns
5 min read
International Commercial Arbitration vs. International Investment Arbitration: A Comparative Analysis
International Commercial Arbitration (ICA) and International Investment Arbitration (IIA) differ in scope, legal frameworks, and policy concerns. ICA resolves private disputes, while IIA involves state sovereignty, public interest, and investment treaty obligations.
Harish Khan
Contributor
Def.
Lex-O-Pedia
What is Fair and Equitable Treatment in International Investment Law?
Fair and Equitable Treatment (FET) ensures stability, transparency, and non-discrimination in investment law. It protects investors' legitimate expectations and prevents arbitrary actions. Its evolving interpretation impacts global investment disputes and treaty practices.
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Def.
Lex-O-Pedia
What is the Place and Language of Arbitration?
The place and language of arbitration are crucial in shaping procedural fairness, efficiency, and enforceability. Governed by Sections 20 and 22 of the Arbitration and Conciliation Act, 1996, they ensure party autonomy while allowing tribunals discretion when necessary.
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Columns
8 min read
The Supreme Court’s landmark judgment in Arif Azim Co. Ltd. v. Micromax Informatics FZE: A Deep Dive into the Distinction between 'Seat' and 'Venue' in International Arbitration
The Supreme Court in Arif Azim Co. Ltd. v. Micromax Informatics FZE clarified the distinction between the 'seat' and 'venue' in arbitration, reinforcing party autonomy and defining Dubai as the seat under UAE law, limiting Indian courts' jurisdiction.
Anish Sinha
Contributor
06
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Journal on Arbitration Law and Allied Fields - Damodaram Sanjivayya National Law University
Nov 25
·4 min read
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