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BREVI NOTA : Perspective on Anti-Arbitration Injunctions

BREVI NOTA : Perspective on Anti-Arbitration Injunctions

Issue 10 (11/8) The principle of kompetenz-kompetenz, is the core jurisprudential rule in arbitration. The arbitral tribunal can decide its own jurisdiction as the first judge of his / her own constituted tribunal’s jurisdiction. However, the courts in some jurisdictions are issuing anti-arbitration injunctions which potentially lead to the derailing of the arbitral proceedings. My…

BREVI NOTA: The Extent of Court Intervention in Arbitration in Malaysia as a Model Law Jurisdiction

BREVI NOTA: The Extent of Court Intervention in Arbitration in Malaysia as a Model Law Jurisdiction

  Issue 9 (6/21) The independence from courts in arbitration proceedings is the salient factor for parties to opt for arbitration. Minimum judicial intervention and maximum judicial support has been the longstanding rule in almost all known safe seat for arbitrations.     In the Malayan Law Journal publication entitled “The Extent of Court Intervention in…

BREVI NOTA: The Relevance of Arbitration  in Resolving Disputes

BREVI NOTA: The Relevance of Arbitration in Resolving Disputes

 Issue 8 (3/21) The common wisdom is that arbitration is the preferred mode of resolution in international business disputes. The development of international trade and domestic economic activity globally, has led to a significant increase in the number of the cases resolved by way of arbitration. In the Malayan Law Journal publication entitled “The Relevance…

BREVI NOTA: Trends in Investor-State Dispute Settlement in the Asia Pacific

BREVI NOTA: Trends in Investor-State Dispute Settlement in the Asia Pacific

Over the past decade, some states have become sceptical of investor-state dispute settlement (‘ISDS’) mechanisms. One of the recurring themes in the current debate around investor-state dispute settlement clauses is that they are tools of crafty multinationals or big capitalist investors, looking to dictate policy to governments or impede their sovereign regulatory power. There are…

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