bluuebunny/crossref_metadata_2025 huggingface dataset:
Reflections on Gao Haiyan  Of Arb-Med, Waivers, and Cultural Contextualisation of Public Policy Arguments
Authors: Yeoh Friven , Ang Desmond
Published: March 2022

'[I]t is an extraordinary proposition that a member of the Tribunal, in the course of hearing an arbitration, could be involved in a mediation process.' (per Saunders J in Gao Haiyan and anor v. Keeneye Holdings Limited and New Purple Golden Resources Development Limited) 'The problems inherent in med-arb are such that many arbitrators decline to engage in it. They view the risk of apparent bias arising from their participation in med-arb as an insurmountable difficulty.' (per Reyes J in Gao Haiyan and anor v. Keeneye Holdings Limited and New Purple Golden Resources Development Limited)

'With respect, although one might share the learned Judge's unease about the way in which the mediation was conducted because mediation is normally conducted differently in Hong Kong, whether that would give rise to an apprehension of bias, may depend also on an understanding of how mediation is normally conducted in the place where it was conducted.' (per Tang VP in Gao Haiyan and anor v. Keeneye Holdings Limited and New Purple Golden Resources Development Limited)

The remarkable spectrum of views held by judges of the Hong Kong courts (see above) in relation to the concept of 'arb-med' sets the stage for the ventilating of a number of interesting and complex issues concerning the scope of the public policy exception in the enforcement of foreign arbitral awards in Hong Kong. This article examines the analyses adopted by the Hong Kong Court of Appeal in granting enforcement of a Mainland China arbitral award which was alleged to have been tainted by apparent bias by reason of an 'arb-med' procedure. This article also examines in greater details some of the implications arising from this decision.
Water-Related International Investment Disputes: A Fresh Look at Bayview Irrigation District v. United Mexican States
Authors: Rand Michael
Published: March 2022

Water is one of the most vital resources on Earth. Furthermore, agricultural, industrial, environmental, recreational, and domestic uses of water all require fresh water in one form or another. Earth's exceedingly limited supply of fresh water, however, has led to countless water-related disputes. There are many theories on how best to combat water dispute problems; however, finding the complete solution has proven elusive up to this point. A front-runner, at least at the international level, is the idea of commoditizing fresh water as a good and subjecting it to international trade laws. However, the idea of regulating fresh water using international law raises many important questions. Of particular importance: To what degree should the North American Free Trade Agreement (NAFTA) apply to water disputes at the domestic and international level? The answer to this question has the potential to have far-reaching implications for water dispute issues in North America, as well as the rest of the world. Specifically, NAFTA's effect on fresh water flowing throughout Canada, the United States, and Mexico would create a significant impact on international investment disputes, as well as regulation of fresh water resources at all levels. The article addresses this increasingly important issue through a studied analysis of Bayview Irrigation District et al. v. United Mexican States.
The New Arbitration Ordinance in Hong Kong
Authors: Fan Kun
Published: March 2022

Hong Kong's long-awaited new Arbitration Ordinance (Cap. 609) (the Ordinance) was enacted in November 2010 and came into force on 1 June 2011.The enactment of the new Ordinance reflects the government's commitment to improve Hong Kong's stature as a world-class centre for arbitration and represents a milestone in the arbitration law and practice of Hong Kong. This article outlines the background of the reform, summarizes the main features of the Ordinance and analyses its potential implications for the arbitration practice in Hong Kong.
Punitive Damages in International Commercial Arbitration: A Conflict of Laws Lesson
Authors: Petsche Markus
Published: March 2022

This article examines the conflict of laws issues (with an emphasis on choice of law) arising in the context of punitive damages claims in international commercial arbitration. It explains that the appropriate choice of law methodology is based on a distinction between the 'power' of arbitrators to grant punitive relief (governed by the applicable arbitration law) and the 'availability' of punitive damages stricto sensu (governed by the applicable substantive law). It shows that this approach is confirmed by most available arbitral awards and court decisions. In this respect, it highlights that the US Supreme Court's decision in Mastrobuono v. Shearson Lehman Hutton, Inc. is frequently misinterpreted as implying that arbitral tribunals sitting in the United States (and thus subject to US arbitration law) may award exemplary damages despite those damages being unavailable under the applicable substantive law. This article also explores the impact of the incompatibility of punitive damages with the public policy of the arbitral seat and other relevant jurisdictions.
Investor-State Arbitration in Sovereign Debt Restructuring: The Role of Holdouts
Authors: de Roa Felipe Suescun
Published: March 2022

Abaclat and others v. Argentina is the first investor-state arbitration case that deals with holdouts. International arbitration, compared to litigation, gives holdouts a more efficient way to enforce a final and binding decision as well as to attach and execute against sovereign assets. However, the jurisdiction of investor-state arbitration tribunals over holdout claims is a complex matter, since the claims have to be treaty claims, and they have to be legal disputes related to an investment. The fact that investor-state arbitration tribunals assess jurisdiction over these kinds of disputes may have a positive impact on the restructuring process and the sovereign debt markets. Nevertheless, holdout arbitration may also disrupt the restructuring process. In order to avoid such a problem, arbitration tribunals should limit the scope of the arbitration remedy.
Collective Consumer Arbitration in Spain: A Civil Law Response to US-Style Class Arbitration
Authors: Strong S.I.
Published: March 2022

For years, the international legal community has debated the propriety of large-scale arbitration. Most of the analysis has focused on the pros and cons of class arbitration, based on the apparent assumption that any future forms of large-scale arbitration will follow the model initially developed by the United States in the 1980s. However, other types of group arbitration are also possible, as demonstrated by a unique form of collective consumer arbitration created by the Spanish legislature in 2008.

The Spanish approach to large-scale arbitral proceedings is intriguing in a variety of ways, not the least of which is its ability to overcome some of the obstacles to US-style class arbitration that arise as a matter of European and national constitutional law. However, the Spanish model also reflects a number of areas of concern. This article therefore takes an in-depth look at the Spanish statute on collective consumer arbitration to determine whether the procedure offers a realistic and widely applicable civil law response to US-style class arbitration.
A Fabulous Discovery: The Arbitration Offer under the Organization of Islamic Cooperation Agreement Related to Investment
Authors: Hamida Walid Ben
Published: March 2022

Concluded under the auspices of the Organization of Islamic Cooperation (OIC), the 1981 OIC Agreement on Investment has not attracted the attention of investment specialists or arbitration practitioners. However, this Agreement is the first multilateral agreement on investment that provides for an offer to arbitrate investment disputes. The purpose of this article is to analysis the investor-state arbitration provision provided in Article 17 of the OIC Agreement. The author demonstrates that the OIC Agreement provides for an arbitration offer to settle state-investor disputes by arbitration and this offer is operational until the establishment of a special organ to settle these disputes. A recent arbitral decision confirmed this conclusion. The arbitration offer under the OIC Agreement is a fabulous discovery that will open a new perspective to arbitration and to investment in the Islamic world.
In Accordance with Domestic Law Clauses: How International Investment Tribunals Deal with Allegations of Unlawful Conduct of Investors
Authors: Obersteiner Thomas
Published: March 2022

This article provides an overview on how international investment arbitration tribunals have dealt with allegations of a foreign investor's non-compliance with local laws. It provides answers to questions such as: Why does the issue of compliance with domestic laws play such an important role in international investment arbitration? Are considerations of compliance with local laws questions of jurisdiction or merits? Which forms of non-compliance are relevant? How may an investor counter allegations of non-compliance? In addition, the article will address a number of other related aspects, such as tribunals' approaches towards determinations by domestic authorities and burden of proof issues. The primary focus rests on the application of so-called in accordance with the laws of the host state clauses which are commonly found in international investment agreements, in particular in bilateral investment treaties.
Jurisdictional Matters in International Arbitration: Why Arbitrators Stand on an Equal Footing with State Courts
Authors: Marchisio Giacomo
Published: March 2022

The present work deals with the jurisdictional power of the arbitrators. After the emergence of the prima facie test in the enforcement of the arbitration agreement, we are now assisting the creation of a new arbitral power, i.e., the power to render an enforceable decision attesting the invalidity or inapplicability of the arbitration agreement (the so-called negative jurisdictional ruling). These trends imply a shift in the theory of international arbitration: from a private system originating from the will of the parties, to a distinct legal order operating side by side with national legal systems.
Non-discrimination between Foreign and Domestic Investment in ASEAN
Authors: Vivekananda N. , Leong Chong Yee
Published: March 2022

The first version of the current Association of South East Asian Nations (ASEAN) was formed in August 1967. Since that time, ASEAN has grown from a political conglomeration into a strong economic community of ten nations. As ASEAN looks forward to 2015 for the full establishment of the ASEAN Economic Community (AEC), this article examines the legal instruments forming the foundation of ASEAN, particularly the ASEAN Comprehensive Investment Agreement (ACIA) 2009.The article examines ASEAN’s instruments and vision in the context of an important international law protection granted to foreign investors: that against discrimination, embodied typically in national treatment and most favoured nation (MFN) standards of protection in international investment treaties. The article studies interpretations and understanding of these standards from other jurisdictions in arbitrations arising from similar bilateral and multilateral investment and trade agreements. It also studies the dispute resolution processes applicable to the ACIA, and how these standards can be and are being implemented in ASEAN today.
Efficiency in International Arbitration: Whose Duty Is It?
Authors: Kirby Jennifer
Published: March 2022

This article tracks a talk the author gave at Helsinki Arbitration Day 2015.The author notes that the issue of efficiency in international arbitration is often misunderstood to be a matter of time and cost, when it is really a question of the relationship between time, cost, and quality. Anyone who thinks that arbitration can be fast, cheap and good should think again. While parties and their counsel and arbitral institutions can help to reduce time and cost, it ultimately falls to the arbitrator to make arbitration more efficient. But any effort to increase efficiency amounts to nothing more than tinkering with a well-oiled prosperity machine.
The Investment Chapter of the EU-Canada Comprehensive Economic and Trade Agreement
Authors: Nyer Damien
Published: March 2022

Born out of the considerable Canadian experience with investor-state arbitration, and the no less considerable European skepticism towards that process, the Investment Chapter of the Comprehensive Economic and Trade Agreement (CETA) is a uniquely balanced and innovative document, which could serve as template for modern investment agreements, including the Transatlantic Trade and Investment Partnership (TTIP) currently being negotiated by the European Union (EU) and the United States.
Common Pitfalls of Arbitration in the United Arab Emirates: Interference and Enforcement
Authors: Clutterham Claire , Padley Mark
Published: March 2022

Since the United Arab Emirates (‘UAE’) ratified the NewYork Convention in July 2006, the popularity of arbitration has soared in the UAE. The local UAE courts have enforced a number of arbitral awards under the Convention and the Dubai International Financial Centre (DIFC) Court now offers an alternative seat and route for the recognition and enforcement of arbitral awards pursuant to an UNCITRAL Model Law-based arbitration law. Yet there remain a number of recurrent pitfalls commonly encountered by parties attempting to enforce arbitration agreements, conduct effective arbitrations and enforce foreign and domestic arbitral awards in the UAE. Parties may be caught out by issues such as capacity, the breadth of disputes considered non-arbitrable by the local courts, and alleged deficiencies in the conduct of the arbitration and the award itself. These pitfalls result from quirks of UAE law and the fact that there is still no dedicated arbitration law applicable to all of the UAE.
Enforcement of Arbitration Clauses in Bills of Lading: Where Are We Now?
Authors: Özdel Melis
Published: March 2022

Arbitration is consensual, and this brings with it the questions of what should be understood by ‘consent’ and how it should present itself to justify enforcement of an arbitration agreement to a third party. In the context of bills of lading, the issue of consent has various dimensions, all of which can be best understood with reference to the enforcement of arbitration clauses in bills of lading. This article discusses how effectively arbitration clauses in bills of lading can be enforced against the bill of lading holders in light of English case law, the decisions of the European Court of Justice (ECJ) and the Rotterdam Rules.
The Implications of International Commercial Courts on Arbitration
Authors: Smith Kayleigh M. , Demeter Dalma R.
Published: March 2022

The recently created Dubai International Financial Centre’s (DIFC) Courts and the Singapore International Commercial Court (SICC) aim to grant the same benefits to parties as international commercial arbitration, offering something of a hybrid; not quite arbitration, but not quite litigation in a national court either. However, their current model is little more than a national court in an arbitral tribunal’s clothing. Nevertheless, the advantages and disadvantages of the two systems seem to balance each other out overall, with the notable exception of the enforceability of the outcome.

The DIFC Courts’ proposed mechanism to transform its judgments into arbitral awards raise the question of definition for arbitral awards and disputes, and raises dilemmas with regard to the impact it has on the review of the decision solving the initial dispute. The broader implication of this innovative process is that it can create an enforcement mechanism of foreign court judgments in all New York Convention states, broadening the scope of the Convention beyond what it was envisaged to cover, while also essentially eliminating the judicial review intended to be performed under the Convention over decisions rendered on disputes.

Whether this innovative procedure will result in a more efficient form of harmonization, circumventing the difficulties posed by the absence of global harmonization on the recognition of foreign court judgments, or the risk of abuse will result in damaging already harmonized laws, will remain to be seen.
The State of Play of Enforcement of Emergency Arbitrator Decisions
Authors: Kudrna Jaroslav , Santens Ank
Published: March 2022

The 2015 Queen Mary/White & Case International Arbitration Survey found that 79% of respondents considered the enforceability of emergency arbitrator decisions to be the most important factor influencing their choice between state courts and emergency arbitration when seeking urgent relief before the constitution of the arbitral tribunal. Given that the enforceability of emergency arbitrator decisions is a major concern for users of international arbitration, it is useful to explore the state of play of the enforcement of these decisions. This article provides an overview of all cases reported globally to date involving a request for enforcement of an emergency arbitrator decision and discusses key questions that arise in that context. The authors conclude by analysing the impact of the enforceability of emergency arbitrator decisions on whether users should seek emergency relief from an emergency arbitrator or a state court.
Arbitrability and Choice of Law in Transfer of Technology Agreements Under Egyptian Law
Authors: El-Shahid Sarwat Abd , Badawy Tarek , Ternieden César R.
Published: March 2022

This article analyses the mandatory provisions of Article 87 of the Egyptian Trade Law of 1999 concerning the arbitration of disputes on transfer of technology agreements, and attempts to shed light on this problematic topic of Egyptian law, particularly in light of the dearth of relevant Egyptian jurisprudence. This article demonstrates the contradiction between the Egyptian Supreme Constitutional Court’s view of the ‘mandatory’ nature of the Arbitration Provision of Article 87(1) and the plain language of the statutory provision, that is not synchronized with the current Egyptian Arbitration Law. Most importantly, the Supreme Constitutional Court’s judgment of 2007 is not yet finally conclusive with respect to the ‘mandatory’ nature of the arbitration provision, as it did not issue an interpretive decision. Absent the full legal consequences of an official interpretative decision by that Court, the Supreme Constitutional Court’s view should be considered obiter dictum, and parties should carefully consider pursuing the argument that the clear language of the statute dictates that they remain free to refer disputes related to transfer of technology agreements to arbitration with the seat of their choice, particularly in light of the ambiguities in the Egyptian Arbitration Law.
The Legality Requirement in Investment Arbitration
Authors: Polkinghorne Michael , Polkinghorne Michael
Published: March 2022

Many investment treaties require foreign investments to be made or owned ‘in accordance with’ or ‘in conformity with’ the laws of the host State. Some treaties incorporate this ‘legality requirement’ in the definition of investment, whereas in other treaties it can be found in substantive provisions on investor protection. This article explores three specific issues with respect to the legality requirement in investment arbitration: what is the source of the legality requirement, what is its scope, and is legality a jurisdictional or a merits issue? The article provides an overview of the answers that arbitral tribunals have given based on a selection of awards.
Rethinking the Use of Arbitration Clauses by Financial Institutions
Authors: Han Irene
Published: March 2022

In 1995, this journal published an article considering the use of arbitration clauses in the area of banking and finance, which was observed to be ‘practically non-existent’ at the time. In the two decades that have followed, financial institutions have gradually increased their use of arbitration clauses. However, arbitration has yet to become the norm in resolving international financial disputes, and there is a gap between the use of arbitration in the field of banking and finance and in the general commercial sphere. This article explores the justifications provided for this gap – in particular, financial institutions’ traditional preference for litigation – to argue that many of these justifications are in fact misconceived. The article also highlights fundamental characteristics of arbitration that make it highly appropriate for use in the financial context. In particular, four widely used financial transactions are identified as being highly suited to arbitration. The article then considers two case studies of current efforts being made to promote the use of arbitration clauses. Finally, three suggestions are proposed to further facilitate the increased use of arbitration clauses by financial institutions.
Parallel Proceedings in Indian Arbitration Law: Invoking Lis Pendens
Authors: Panjwani Pratyush , Pathak Harshad
Published: March 2022

Prior to the 2015 amendments, the power to appoint arbitrators under section 11 of the Arbitration and Conciliation Act of 1996 in India was vested with the Chief Justice of India, or a High Court. In 2005, the Supreme Court of India re-characterized it as a judicial function, thereby, departing from the position under the UNCITRAL Model Law. While the recent amendments have drastically altered the machinery for appointment of arbitrators, their retrospective application is dubious. As such, the re-characterization of the appointment proceedings as a judicial function still continues to raise concerns, one of which pertains to the jurisdictional overlap between the proceedings for appointment of arbitrators, and those before a judicial authority while deciding an application for seeking a reference to arbitration. Both judicial proceedings are presently permitted by section 8(3) of the 1996 Act to run parallel, even if they involve deciding an identical question concerning the validity of an arbitration agreement. In this article, the authors critique the Indian courts’ failure to identify and address this jurisdictional overlap, and the risks it poses. As a possible solution, the authors rely on the principle of lis pendens, or its common law equivalent of res sub judice, to suggest that where an application seeking reference to arbitration, and involving a question as to existence of a valid arbitration agreement, is pending before a judicial authority, a parallel petition for appointment of arbitrators, raising identical concerns, must not be decided.
Transnational Arbitral Res Judicata
Authors: Yaffe Nathan
Published: March 2022

Commercial arbitral awards are universally recognized to give rise to res judicata, but confusion reigns over what law applies to the res judicata effect of a prior arbitral award asserted before a subsequent tribunal. National res judicata laws diverge on key questions such as the availability of issue estoppel and the construction of the ‘triple identity’ test. Yet the normal tools used to manage divergence in potentially applicable laws – choice of law and codification – have failed to work when it comes to the res judicata effect of awards. I argue the answer is to adopt a transnational approach to res judicata in arbitration. Although this approach has support in principle, questions remain about how it would work in practice. I propose that a modified version of Gaillard’s ‘transnational rules method’ contains the seeds of a promising answer. Specifically, tribunals could look to both other commercial tribunals’ awards, as well as International Centre for Settlement of Investment Disputes (ICSID) and International Court of Justice (ICJ) case law on res judicata, to develop a sui generis transnational preclusion standard for international arbitration. This is consistent with informal practices arbitrators have developed with respect to other interstitial issues where choice of law processes do not yield satisfactory results. Finally, I evaluate the implications of taking this approach, as well as its prospects for success.
Evolution and the Discoverability of In-House Counsel Communications
Authors: Kirby Jennifer
Published: March 2022

This article tracks a keynote speech the author gave at the 2017 conference of the Italian Arbitration Association, which was co-organized by the Italian Forum for Arbitration and ADR. Privilege rules evolve as a function of the threat parties face from discovery. In common law jurisdictions where the threat is high, in-house counsel communications are generally privileged. In civil law jurisdictions where the threat is low, they generally are not. In determining whether in-house communications are discoverable in international arbitration, arbitrators should avoid getting bogged down in questions of applicable law and instead figure out what makes sense – what’s fair. Provided the arbitrator has not lost his fairness instinct, he should manage to get to the right result. Still, there are some basic steps a company can take to protect in-house counsel communications from discovery, just in case.
Recent Developments in International Arbitration in England and Ireland
Authors: Kotrly Michael
Published: March 2022

This article considers developments in international arbitration in England and Ireland by way of a review of arbitration-related judgments rendered in 2017 by the countries’ respective courts.
Free Zone Arbitration in the United Arab Emirates: DIFC v. ADGM: (Part I)
Authors: Blanke Gordon
Published: March 2022

This article is published in two parts and discusses the concept and practice of free zone arbitration in the United Arab Emirates (UAE). More specifically, the article seeks to highlight the status quo of arbitration in the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM), both of which may serve as an offshore seat of arbitration in their own right. Both the DIFC and the ADGM offer a common law alternative to arbitration in onshore UAE. Part I of the article focuses on arbitration in the DIFC. It provides an introduction to the judicial and legislative framework of the DIFC, including in particular the main provisions and the operation of the DIFC Arbitration Law, the institutional framework of arbitration in the DIFC, the curial function of the DIFC Courts in DIFC-seated arbitrations, and the recognition and enforcement of domestic DIFC and foreign arbitral awards in the DIFC. Part I also discusses the DIFC Courts’ status as a conduit jurisdiction facilitating the recognition and enforcement of non-DIFC awards for onward execution in onshore Dubai and beyond.
Observations on the Proposed New ICSID Regime for Security for Costs
Authors: Luttrell Sam
Published: March 2022

International Centre for Settlement of Investment Disputes (ICSID) is currently engaged in a review of its rules and regulations. This article considers the new rule on security for costs that ICSID is proposing to introduce as part of this review process. After outlining the existing regime for security for costs in ICSID arbitration, the author analyses the text of the proposed new rule (Draft Rule 51) and explains how it lacks balance and will work in favour of respondent States if it is adopted as currently drafted. The writer concludes by proposing certain amendments to Draft Rule 51, the intention of which is to ensure that the new rule strikes a proper balance between the interests of investors and States as users of the ICSID system.
International Commercial Courts: A Superior Alternative to Arbitration?
Authors: Stooss Tanja , Ruckteschler Dorothee
Published: March 2022

International commercial arbitration has long been the hallmark of international dispute resolution. However, with the increasing establishment of specialized English-speaking courts dealing solely with commercial disputes (‘International Commercial Courts’) the popularity of arbitration is being called into question. The phenomenon of International Commercial Courts is not completely new, but their number has significantly increased in recent times. In 2018 alone, China, the Netherlands, France, and Germany have, among others, announced the opening of specialized English-speaking courts and others are preparing to shortly follow their example.

 

Whilst the arbitral process is often criticized for its costs, procedural delays, or lack of power against third parties, the question remains whether International Commercial Courts will be able to deal with these issues any better. This article first examines the history and the features of International Commercial Courts, with a special focus on those recently established in Europe, before evaluating whether they are – or might be in future – better suited to service the needs of international commerce.
Portfolio Investment in ICSID Arbitration: Just a Matter of Consent?
Authors: Risso Giorgio
Published: March 2022

The constant evolution of the ways in which foreign capital is invested in the marketplace has urged the need for defining the boundaries of the notion of investment, as Article 25 of the International Centre for Settlement of Investment Disputes (ICSID) Convention is silent on this point. Against this background, the question of whether the category of portfolio investment, which generally consists of intangible capital flows, can be classified as protected investment under the ICSID Convention has gained momentum due to some high-profile ICSID cases. This article examines to what extent portfolio investment can be included in the notion of investment under Article 25(1) of the ICSID Convention and, consequently, the substantive protections granted thereto can be enforced within the ICSID framework. It is argued that the increasing sophistication of financial instruments makes it difficult to find a one-size-fits-all solution, thereby requiring a case-by-case assessment of the relevant financial instrument vis-à-vis the typical characteristics of an investment identified by the case law. In this analysis, the requirement of the ‘contribution to the economic development of the host state’, which has often been overlooked, is subject to reconsideration.

Portfolio Investment, ICSID Convention, Article 25, Jurisdiction, Economic Development
The Ministerial Approval Requirement for Arbitration Agreements in Egypt: Revisiting the Public Policy Debate
Authors: Shehata Ibrahim
Published: March 2022

The Egyptian Arbitration Law No. 27/1994 (the ‘Egyptian Arbitration Law’) was enacted without delineating the subject of arbitrability of administrative contracts. This was one of the hottest pre-existing debates preceding the promulgation of the Egyptian Arbitration Law, yet the latter has succinctly mentioned that arbitration is valid between public and private entities. The Legislature did not find such wording sufficient to settle this debate and decided in 1997 to introduce a specific amendment elaborating this issue.

The 1997 amendment might have settled the arbitrability of administrative contracts debate, however, it initiated another debate when it required that arbitration agreements under administrative contracts be approved by the competent minister. Until now, there are some unsettled issues concerning this ministerial approval requirement. For instance, which party is liable to procure such ministerial approval: the administrative authority or its private counterparty? Could this ministerial approval be implied? For example, what if the competent minister has attended the contract signing ceremony, would that be enough? Another recurring question is whether such a ministerial approval pertains to public policy or not. This article tries to answer these questions in light of the recent decisions rendered by the Egyptian courts and arbitral tribunals.

Ministerial Approval Requirement, Administrative Contracts, State Contracts, Egyptian Arbitration, Public Policy, Annulment of Arbitral Awards, Enforcement of Arbitral Awards, Implied Consent, ex officio, Egyptian State Council
‘Minority Awards’ in India: A Low-Hanging Fruit for Judicial Interference?
Authors: Krishnani Vivek , Murali Aiswarya
Published: March 2022

While Indian courts are entitled only to ‘set aside’ an arbitral award under section 34 of the Indian Arbitration and Conciliation Act, 1996, there have been numerous instances of modification of arbitral awards and this interventionist tendency has driven Indian courts to further devise new tools for interfering with the arbitral process. One such tool is the opinion of the dissenting arbitrator(s). The ‘minority awards’, which were completely overlooked back in time, are now being referred to not only for finding defects in the majority award but also for replacing them altogether. In fact, Indian jurisprudence in this regard has been very peculiar as no other Model Law jurisdiction has witnessed such overemphasis on the significance of the awards of the minority. This article analyses the various reasons cited by the Indian judiciary to approach arbitral awards in the foregoing manner. Particularly, the article addresses the conflict between these reasons and one of the most fundamental objectives sought to be achieved by the 1996 Act, viz. limiting judicial intervention.
Arbitration’s Blade: International Arbitration and the Rule of Law
Authors: Menon Sundaresh
Published: March 2022

The legitimacy of a system of dispute resolution depends intrinsically on the trust and confidence of its users in its decision-making processes, and that in turn rests on the general adherence of those processes to the values and principles that constitute the rule of law. While international arbitration has long been a close partner of the courts in sustaining the rule of law, some of arbitration’s key features and practices – such as its consent-based limitations, its predisposition toward confidentiality, its longstanding practice of permitting parties to unilaterally appoint arbitrators, and its philosophy that parties have no right to a right answer – mean that arbitration supports an attenuated model of the rule of law. That is largely the result of conscious decisions to forgo certain rule of law values in order to realize other goals. But the problem of rising costs and delays, underpinned by arbitration’s growing procedural rigidity and lack of agility, exacts a heavy price on arbitration’s users and their confidence in arbitration, without obvious returns. We must be cognizant of arbitration’s sacrifice in terms of rule of law values when seeking to advance other objectives, and regularly reflect on whether those gains are still worth their cost.

International arbitration, Rule of law, Consent, Arbitrability, Confidentiality, Multiparty disputes, Party appointment of arbitrators, Accessibility, Costs, Delays
UN and EU Sanctions Versus US Sanctions: Two Different Yardsticks Commentary on the Decision of the Paris Court of Appeal (International Commercial Chamber) (5th Pole, Chamber 16) of 3 June 2020, No. 21/2020
Authors: Hage Chahine Joséphine
Published: March 2022

The Paris Court of Appeal rejected a challenge to an ICC award rendered in favour of an Iranian government-owned company. That challenge was based on allegations of breaches by the tribunal of due process, of the arbitrators’ mandate, and of public policy. Of note, the public policy challenge was based on the tribunal’s alleged failure to take into consideration UN, EU and US sanctions against Iran. This decision of the Paris Court of Appeal is in line with the established French case law regarding its answer to the above mentioned three grounds of challenge, but it drew a peculiar conclusion that US sanctions, contrary to UN and EU sanctions, are not part of French international public policy, even though having the same object.

Challenge of the award, French case law, breach of due process-waiver of the right to object, breach of the arbitrators’ mandate and the duty to reason the award-breach of public policy, UN, EU and US sanctions against Iran-international consensus
Preliminary References to the European Court of Justice by Arbitration Tribunals
Authors: Broberg Morten , Fenger Niels
Published: March 2022

When a court or tribunal of an EU Member State is faced with a dispute which gives rise to questions concerning the interpretation or validity of an EU legal measure that must be answered in order for the national court to render its decision, Article 267 of the Treaty on the Functioning of the European Union lays down that, prior to delivering its judgment, this court or tribunal may seek a preliminary ruling from the European Court of Justice. With the increased importance of EU law within those legal fields where arbitration is often used and with the growing number of arbitration proceedings, the preliminary ruling procedure may also be valuable to arbitration tribunals. However, the European Court of Justice has shown a pronounced reluctance when it comes to allowing arbitration tribunals access to use the preliminary reference procedure. This article provides an up-to-date examination of the Court of Justice’s approach to preliminary references from arbitration tribunals, and it considers the pros and cons of opening more up for such tribunals using the preliminary reference procedure.

European Court of Justice, EU law, Preliminary references, Arbitration tribunals, Article 267 TFEU
The Applicability of the Russia-Ukraine Bilateral Investment Treaty to Crimea in the Light of the Duty of Non-recognition in International Law
Authors: Krumbiegel Felix
Published: March 2022

According to international law, Russia’s territorial claim over Crimea shall not be recognized as it was brought about by a violation of the prohibition of violence. Despite this obligation, several arbitral tribunals have recently accepted jurisdiction in claims brought by Ukrainian investors under the Russia-Ukraine BIT and declared the Russia-Ukraine BIT applicable. I consider the arbitral tribunals’ reasoning to be inconsistent with the duty of non-recognition. Therefore, I analyze possible alternative ways in which Ukrainian and non-Ukrainian investors can obtain protection for their investments in Crimea under the Russia-Ukraine BIT without implicitly recognizing Russia’s territorial claim over Crimea.

International Investment Law, Duty of non-recognition, Crimea, Annexation, Jurisdiction ratione loci
Social Media Shaping Brand Consciousness and Purchase Intention of Fashion Consumers
Authors: Shafaat Zainab , Shareef Hafiza Saadia , Kishwar Farzana , Aleem Maham
Published: March 2022

This study was designed to explore the role of social media in brand consciousness and purchase intention of young and old fashion consumers. Social media has significant impact on consumers as individuals. The major purpose of this research was to gain in depth information of social media. Phenomenological research design was used to explore the viewpoint of young and old fashion consumers regarding the impact of social media towards brand consciousness and purchase intention. Data for this research was collected from hundred participants between the range of 18 to 30 and 31 to 50 years. The researcher gathered information from students of a private university, schoolteachers and businessmen. We found out that on average most of the users spend 1 to 6 hours on social media each day. Fashion consumers of young age group are more brand conscious because they are more motivated to purchase clothes that have branded names or logos.
Human Resource Training and Development Awareness and Practices in Small, Medium and Large Organizations
Authors: Gulzar Ahmad
Published: March 2022

Training and development of employees of any organization is considered critical and essential for their growth and effectiveness. If the organizations must grow and play an effective role in today’s competitive market. Current research is designed to examine the human resource development training programs in small, medium and largeorganizations. For this purpose, a research was conducted with the help of survey questionnaire. Current study examines the actual conditions of human resource training program in small, medium and large organizations. Results indicates that large organizations are aware about the human resource development training programs andthese organizations incorporate the effective programs about increasing the skills of their employees. While, medium organizations are not aware about the human resource development training programs as compare to large organizations and these organizations incorporate the effective programs about increasing the skills of their employees as compare to large organizations. Moreover, small organizations are not aware about the human resource development training programs as compare to large and medium organizations and these organizations incorporate the effective programs about increasing the skills of their employees as compare to large and mediumorganizations. These results may help full the policy makers of Pakistan to emphasis the medium and small organizations to increase the frequency of human resource development training for elevating the organizations in turbulent environment.
Socioeconomic Costs of Mental Illness: A Systematic Review
Authors: Din Sirajud , Khan Anwar , Khan Hamid , Khan M.Saqib
Published: March 2022

Mental illness is a psychological health problem that causes disability and impairment. A population suffering from mental illnesses experience a wide range of social and workrelated problems that have economic impacts. Keeping in view the seriousness of this issue a systematic review of existing literature was done for identifying facts and figures on the socioeconomic costs of mental illness among general populations. A Systematic Narrative Review was done by searching studies in electronic databases like Google Scholar, Wiley Online, Oxford Journals, Science Direct and Taylor & Francis. The results showed that mental illness causes social problems like, e.g., stigma, low selfesteem, poor quality of life, clinical problems. Moreover, its economic impacts include cost associated with treatment, absenteeism, accidents, and turnover intentions. Findings of the current study revealed that mental illness has both social and economic impacts, therefore, proactive steps need to be taken together at individual and institutional levels for overcoming costs associated with mental health illnesses.
‘To terrify and Harmonize’: on The Need of Historicizing The Emergence of The ‘Fatal Discipline’ in Pakistan
Authors: Khan Shahzeb , Amra Raza
Published: March 2022

The genesis of English as a university discipline has been widely discussed in various international contexts. However, in Pakistan, no comprehensive, critical study has come to the fore until now. The socio-political significance of university disciplines cannot be studied without relevant historicizations. Similarly, this lack of historical narratives of academic disciplines causes a lack of critical engagement with the process of disciplinary formation and evolution and thus, so far, the academic disciplines in Pakistan seem devoid of self-critique—a process which is of vital importance to the well-being of postcolonial societies. The present paper highlights English nationalistic fervour as a factor which played its part in the establishment of the discipline in England and identifies some of the ‘deeper contexts’ (Viswanathan, Uncommon Genealogies, 2000) of the discipline’s institutionalization through available histories of the discipline. The paper argues that the discipline of English literature in Pakistan, which is popularly conceived to be aesthetically autonomous, innocuous, and apolitical, has various historico-political dimensions that must be taken into account if the discipline has to play a humanely progressive and critically conducive role in the local context.
Acute and subacute effects of thymoquinone on acute methanol intoxication: An assessment based on serum TBARS and BDNF levels in rat model
Authors: HUSEYIN KOZAK Hasan , KILINC Ibrahim , OZKURKCULER Alpaslan
Published: March 2022

Objectives: Previous studies have shown the role of oxidative stress in methanol (MeOH) neurotoxicity. In clinical practice ethanol
(EtOH) was used for the treatment of MeOH intoxication. Treatment with EtOH results in depression of the central nervous system,
which may occur even at therapeutic doses. It also induces oxidative stress. Antioxidant and neuroprotective effects of thymoquinone
(TQ) are known in different models of neurotoxicity. There are no studies investigating the protective effect of TQ against acute
MeOH intoxication. We aimed to evaluate the effect of TQ administration on serum thiobarbituric acid reactive substances (TBARS)
and Brain-Derived Neurotrophic Factor (BDNF) levels in rats with experimentally-induced MeOH intoxication.
Materials and Methods: Six groups were constituted. Methotrexate (Mtx) treatment (0.3 mg/kg/day) intraperitoneally (i.p.) was given
for 7 days to slow down the formate metabolism of all rats except controls in order to create a MeOH intoxication similar to that in
humans. On the 8th day of the experiment, 3 g/kg MeOH was injected i.p. in MeOH, EtOH and TQ groups. Four hours after MeOH
administration, 0.5 g/kg EtOH was injected i.p. in EtOH group and 30 mg/kg TQ was administered i.p. in TQ1 and TQ2 groups. In
addition, a total of 5 doses of 30 mg/kg TQ was injected i.p. 24, 48, 72 and 96 hours after the first dose in TQ2 group. Saline solution
was given i.p. in the other groups. Blood samples were obtained for evaluating serum TBARS and BDNF levels.
Results: The highest TBARS level was found in MeOH+MTx group and this increase was statistically significant as compared to
control and Mtx groups (p<0.001) . A statistically significant reduction was detected in serum TBARS levels in MeOH+Mtx+EtOH,
MeOH+Mtx+TQ1 and MeOH+Mtx+TQ2 groups (p<0.001). Maximum serum BDNF level elevation was found in MeOH+Mtx group
and this increase was statistically significant as compared to control and Mtx groups (p<0.001). Serum BDNF levels were higher in
MeOH+Mtx+EtOH, MeOH+Mtx+TQ1 and MeOH+Mtx+TQ2 groups and the difference was statistically significant (p<0.001).
Conclusions: Thymoquinone could suppress proinflammation and lipid peroxidation in MeOH intoxication, lead to rapid toxicity
adaptation, and play the role of neuroprotection more effectively than EtOH. These results may suggest that TQ could be used as an
alternative treatment option in MeOH intoxication.
Research on the use of fly ash to make reactive powder concrete
Authors: Nguyen Van Dung , Le Thi Thanh Tam , Mai Thi Ngoc Hang
Published: March 2022

Reactive powder concrete is a type of concrete using materials with fine grains and high activity that can participate in chemical reactions in hydration process. Reactive powder concrete has a high compressive strength, usually greater than 100 MPa. However, such materialutilized in applicationsmust also go through selection and must be of good quality, i.e. high activity and fineness, and loss when heated. In this study, the use of locally available untreated raw materials such as natural sand, fly ash partially replacing cement for the fabrication of reactive powder concrete with a minimum strength requirement is examined and proposed.