Not every dispute with a foreign government belongs in ordinary commercial arbitration. Many investors only discover this once a regulatory decision has already reshaped their project, by which point the more useful question is no longer “was our contract breached?” but “does international law give us a separate route to relief?” Recognizing that shift early, […]
Few sectors generate disputes as varied, technically dense or geopolitically charged as metals and mining. A single mine may sit at the intersection of a state concession, a joint venture agreement, an offtake contract, an environmental permit and a bilateral investment treaty, and a dispute arising from any one of these instruments can ripple through
The Work of a Metal & Mining Dispute Arbitrator Read More »
A shipment of steel leaves Mumbai bound for Houston. A software license is signed between a Bangalore start-up and a buyer in Berlin. A letter of credit moves through three banks before a single dollar reaches its destination. Every one of these transactions carries the same quiet risk: the moment something goes wrong, the parties
When Deals Cross Borders, So Do the Fights That Follow Read More »
Trade between the United States and India has grown quickly enough that the contracts underpinning it have started to outpace the legal thinking around them. Supply agreements, joint ventures and long-term commodity contracts are drafted across two legal cultures at once, and when they go wrong, the parties are often surprised to discover how much
What Actually Makes for an Experienced American Arbitrator in India Read More »
When a cross-border contract goes wrong and the parties turn to arbitration rather than the courts, the single most consequential decision they will make is not where the hearing takes place or which rules apply. It is who sits as arbitrator. In the United States, where parties routinely draw on both domestic and international frameworks,
How to Appoint an International Arbitrator in the United States Read More »
There is a peculiar assumption in cross-border dispute resolution that expertise must be narrow to be credible. Such a shipping dispute needs a maritime dispute arbitrator who has spent a career dealing with charterparties and bills of lading. A dispute over a stalled highway or a half-built refinery needs a construction dispute arbitrator fluent in FIDIC clauses and delay analysis. A
One Arbitrator, Many Industries: The Quiet Rise of the Generalist Specialist Read More »
When an Indian manufacturer and an American buyer fall out over a shipment, a software license or a half-finished construction project, the instinct is often to head straight for the courts. But cross-border litigation between India and the United States is slow, expensive and frequently leaves both sides arguing over whose courts even have jurisdiction.
India-US Commercial Disputes: A Path to Resolution Read More »
One of the earliest and most consequential decisions parties face, whether at the contract-drafting stage or once a dispute has already arisen, is whether to proceed before a sole arbitrator or a three-member tribunal. The choice shapes the cost, duration and texture of the entire proceeding, yet it is often relegated to a single boilerplate
