Re-Evaluating the Access to Justice Rationale in Investor State Dispute Settlement vis-à-vis Third-Party Funding Manchester Journal of International Economic Law, 2024
India Treatment of Foreign Law in Asia, 2023
NGOs as amicus in investor-state arbitration: Addressing public interest and human rights issues Wasiq Dar, Gautam Mohanty Public Interest Litigation in International Law, 2023 It is argued that the organisations that are best suited to represent the interests of the affected people of the host state and advocate for the protection of human rights in investor-state arbitration are non-governmental organisations (NGOs). According to the authors, NGOs allow public interest considerations to be taken into account while the tribunal broadly looks at all the issues involved in the dispute. It is also argued that NGOs, by being permitted to participate in arbitral proceedings, ensure transparency, which is often regarded as one of the primary solutions to the negative reactions to investor-state arbitration. To that extent, this chapter will attempt to explore public interest litigation vis-à-vis amicus participation in investor-state arbitration. Notably, this chapter begins by examining why human rights are not assigned the desired importance in most investor-state treaties and agreements. The second section discusses why the ‘interests of the public’ in the host state need to be represented in investor-state arbitral proceedings. The third section delves into analysing the potential role that NGOs can play in representing ‘public interests’ and ‘human rights’ issues before the arbitral tribunals through recent case studies. The fourth section discusses the safeguards and measures that can be taken to address the criticisms that have been levelled against the permitting of amicus curiae interventions in investor-state arbitral proceedings.
THE INVESTOR-STATE ARBITRATION LEGITIMACY CRISIS: COULD AI BE ITS FUTURE SAVIOR (OR RESURRECTOR)? Wasiq Dar, Boris Praštalo Pravni Zapisi, 2023 The world of arbitration has not escaped the all-pervading impact of AI. Stakeholders are not only assessing the current impact of AI on the practice of arbitration but also speculating on its future role. The possibility of AI replacing human arbitrators has also figured in the discussions. This paper focuses on the use of AI in the context of investor-State arbitration, which of late, has been facing fierce backlash for its purported deficiencies. The paper explores whether AI could be used to remedy some of the burning issues in the investor-state dispute settlement system, which have culminated in its "existential crisis". The paper assesses the extent to which human arbitrators and other relevant factors have contributed to the crisis, and then examines the suitability of AI to act as an arbitrator. The paper lays a road map for the potential role of AI in ISA and attempts to answer the central question-could AI prove to be a resurrector or a disruptor of the ISA system.
'Public policy exception' in international commercial arbitration: An Indian tale of a turbulent past and a promising future Adjudicating Global Business in and with India International Commercial and Investment Disputes Settlement, 2021
Understanding public policy as an exception to the enforcement of foreign arbitral awards: A South-Asian perspective Wasiq Abass Dar European Journal of Comparative Law and Governance, 2015 The paper, as the title suggests, aims at understanding and exploring the doctrine of public policy as a ground for refusing enforcement of foreign arbitral awards. Public Policy is one such ground provided in the New York Convention as well as in the uncitral Model Law, which is most often invoked in the national courts to challenge or refuse the enforcement of foreign arbitral awards. What makes it more complicated is the lack of common world-wide definition of public policy or practice on its application, as the same varies from State to State. The traces of ambiguity, subjectivity (at the hands of the courts in terms of interpretation of the concept), and unpredictability associated with the concept of public policy have at times significantly thwarted the effectiveness and efficiency of international commercial arbitration. This paper attempts to understand and explore the enigma of public policy as an exception to the enforcement of foreign arbitral awards. Apart from revisiting various scholarly works on this issue, interpretation of this concept by various judicial institutions across the globe (with special focus on India, Pakistan, Bangladesh and Sri Lanka) has been attempted, followed by a comparative analysis, to analyse its application on the ground. This paper argues and suggests that a more desirable method of interpreting public policy, i.e. narrow interpretation, is the need of the hour, keeping in consideration the growing demands of international trade and commerce.
RECENT SCHOLAR PUBLICATIONS
Re-Evaluating the Access to Justice Rationale in Investor State Dispute Settlement vis-à-vis Third-Party Funding G Mohanty, W Dar Available at SSRN 5341224 , 2024 2024.0
Dispute resolution in public procurement contracts: An analysis of the Indian practice and an agenda for effective arbitration S Ramani Garimella, WA Dar European Procurement & Public Private Partnership Law Review 19 (2), 119-133 , 2024 2024.0 Citations: 1
Dispute Resolution in Public Procurement Contracts: An Analysis of the Indian Practice and an Agenda for Effective Arbitration SR Garimella, WA Dar European Procurement & Public Private Partnership Law Review 19 (02), 119-133 , 2024 2024.0
Re-Evaluating the Access to Justice Rationale in Investor State Dispute Settlement vis-a-vis Third Party Funding W Dar, G Mohanty Manchester J. Int'l Econ. L. 21, 34 , 2024 2024.0
NGOs as amicus in investor-state arbitration: Addressing public interest and human rights issues W Dar, G Mohanty Public Interest Litigation in International Law, 227-250 , 2023 2023.0
KRIZA LEGITIMITETA U INVESTICIONOJ ARBITRAŽI: VEŠTAČKA INTELIGENCIJA KAO POTENCIJALNI SPASILAC W Dar, B Praštalo Pravni zapisi , 2023 2023.0 Citations: 1
Chapter on India SR Garimella, WA Dar Treatment of Foreign Law in Asia, 271-288 , 2023 2023.0
On Arbitrability: Genealogy, Application and Interpretation WA Dar, S Chandra Contemporary Perspectives on International Arbitration Practice: Decoding … , 2023 2023.0
The investor-state arbitration legitimacy crisis: Could AI be its future savior (or resurrector)? WA Dar, B Prastalo Pravni zapisi 14 (01), 21-58 , 2023 2023.0 Citations: 2
‘Public policy exception’in international commercial arbitration: An Indian tale of a turbulent past and a promising future WA Dar Adjudicating Global Business in and with India, 233-254 , 2021 2021.0
Anti-arbitration Injunctions in investor-state arbitration: Instruments of “Abuse of Process” SR Garimella, WA Dar Handbook of International Investment Law and Policy, 1-15 , 2021 2021.0
Ordre Public and Public Policy in Private International Law: Evolution, Relevance, and Application WA Dar International Law – Contemporary Developments (Essays in the Honor of Prof … , 2021 2021.0
India’s tryst with free trade: Overcoming the inherent challenges of federalism WA Dar World Trade and Local Public Interest: Trade Liberalization and National … , 2020 2020.0
THE PUBLIC POLICY ENIGMA IN INTERNATIONAL COMMERCIAL ARBITRATION WA DAR Central European University Budapest, Hungary , 2019 2019.0
'Abuse of Process’ and Anti-Arbitration Injunctions in Investor-State Arbitration: Analysis of Recent Trends and the Way Forward WA Dar Investment Arbitration and National Interest, 53-68 , 2018 2018.0
Understanding Public Policy as an Exception to the Enforcement of Foreign Arbitral Awards: A South-Asian Perspective WA Dar European Journal of Comparative Law and Governance 2 (4), 316-350 , 2015 2015.0 Citations: 10
Judicial Review: India, Pakistan and Sri Lanka WA Dar Supreme Laws Today 3, 41-45 , 2014 2014.0
Enforcement of Annulled Arbitral Awards: A Dichotomy of Approaches WA Dar The Indian Arbitrator 6 (08), 7-12 , 2014 2014.0
SADRZAJ/TABLE OF CONTENTS M Arcari, W Dar, B Prastalo, A Radonjik
MOST CITED SCHOLAR PUBLICATIONS
Understanding Public Policy as an Exception to the Enforcement of Foreign Arbitral Awards: A South-Asian Perspective WA Dar European Journal of Comparative Law and Governance 2 (4), 316-350 , 2015 2015.0 Citations: 10
The investor-state arbitration legitimacy crisis: Could AI be its future savior (or resurrector)? WA Dar, B Prastalo Pravni zapisi 14 (01), 21-58 , 2023 2023.0 Citations: 2
Dispute resolution in public procurement contracts: An analysis of the Indian practice and an agenda for effective arbitration S Ramani Garimella, WA Dar European Procurement & Public Private Partnership Law Review 19 (2), 119-133 , 2024 2024.0 Citations: 1
KRIZA LEGITIMITETA U INVESTICIONOJ ARBITRAŽI: VEŠTAČKA INTELIGENCIJA KAO POTENCIJALNI SPASILAC W Dar, B Praštalo Pravni zapisi , 2023 2023.0 Citations: 1
Re-Evaluating the Access to Justice Rationale in Investor State Dispute Settlement vis-à-vis Third-Party Funding G Mohanty, W Dar Available at SSRN 5341224 , 2024 2024.0
Dispute Resolution in Public Procurement Contracts: An Analysis of the Indian Practice and an Agenda for Effective Arbitration SR Garimella, WA Dar European Procurement & Public Private Partnership Law Review 19 (02), 119-133 , 2024 2024.0
Re-Evaluating the Access to Justice Rationale in Investor State Dispute Settlement vis-a-vis Third Party Funding W Dar, G Mohanty Manchester J. Int'l Econ. L. 21, 34 , 2024 2024.0
NGOs as amicus in investor-state arbitration: Addressing public interest and human rights issues W Dar, G Mohanty Public Interest Litigation in International Law, 227-250 , 2023 2023.0
Chapter on India SR Garimella, WA Dar Treatment of Foreign Law in Asia, 271-288 , 2023 2023.0
On Arbitrability: Genealogy, Application and Interpretation WA Dar, S Chandra Contemporary Perspectives on International Arbitration Practice: Decoding … , 2023 2023.0
‘Public policy exception’in international commercial arbitration: An Indian tale of a turbulent past and a promising future WA Dar Adjudicating Global Business in and with India, 233-254 , 2021 2021.0
Anti-arbitration Injunctions in investor-state arbitration: Instruments of “Abuse of Process” SR Garimella, WA Dar Handbook of International Investment Law and Policy, 1-15 , 2021 2021.0
Ordre Public and Public Policy in Private International Law: Evolution, Relevance, and Application WA Dar International Law – Contemporary Developments (Essays in the Honor of Prof … , 2021 2021.0
India’s tryst with free trade: Overcoming the inherent challenges of federalism WA Dar World Trade and Local Public Interest: Trade Liberalization and National … , 2020 2020.0
THE PUBLIC POLICY ENIGMA IN INTERNATIONAL COMMERCIAL ARBITRATION WA DAR Central European University Budapest, Hungary , 2019 2019.0
'Abuse of Process’ and Anti-Arbitration Injunctions in Investor-State Arbitration: Analysis of Recent Trends and the Way Forward WA Dar Investment Arbitration and National Interest, 53-68 , 2018 2018.0
Judicial Review: India, Pakistan and Sri Lanka WA Dar Supreme Laws Today 3, 41-45 , 2014 2014.0
Enforcement of Annulled Arbitral Awards: A Dichotomy of Approaches WA Dar The Indian Arbitrator 6 (08), 7-12 , 2014 2014.0
SADRZAJ/TABLE OF CONTENTS M Arcari, W Dar, B Prastalo, A Radonjik
