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Tag Archives: United States

India’s New BIT and Arbitration Law Send Mixed Signals to Foreign Investors

On December 28, 2015, the Government of India released the text for its revised model Bilateral Investment Treaty (BIT). In this release, the Government of India also announced that the Department of Economic Affairs will be leading all negotiations on BITs and investment chapters of trade agreements to ensure continuity between trade and investment issues.

Miami: an International Arbitration Court of its Own

On December 3, 2013, the Eleventh Judicial Circuit of Miami-Dade County, Florida, issued Administrative Order No. 13-08 (the “Order”) creating the International Arbitration Court, a subsection within the Complex Business Litigation section of the Miami-Dade County Circuit Court  dedicated to hearing international arbitration cases. The Order, signed by Chief Judge Bertila Soto, recognizes Miami’s importance as “one of the leading venues in the Americas within which to conduct international commercial arbitration proceedings.”  The Order considers international commercial arbitration to be a specialized area of law, so it determined that specially

Texas Supreme Court Enforces Arbitration Clause in Trust Instrument

The Supreme Court of Texas recently considered whether beneficiaries of a trust may be bound by an arbitration provision in a trust instrument.  Although the Court based its opinion on the Texas Arbitration Act, its reasoning provides some insight into how courts in other jurisdictions might resolve similar issues in the future. The facts of the underlying dispute are straightforward: the settlor of the trust named his sons as sole beneficiaries, designating himself as trustee, with the attorney who prepared the trust designated as successor trustee upon the settlor’s death.