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Journal articles on the topic 'Commercial Arbitration'
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1
Kecskés, László. "In Memory of Professor Dr Iván Szász." Journal of International Arbitration 29, Issue 3 (June 1, 2012): 355–58. http://dx.doi.org/10.54648/joia2012022.
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The very sad apropos of the present article is the untimely death of Professor Dr Iván Szász, the best-known Hungarian arbitrator in the family of international commercial arbitration, at the beginning of this year. There are many arbitrator colleagues throughout the world who knew him from international arbitrations and conferences, and admitted his talent and exceptional skills both as a practitioner arbitrator and as the leading official of the International Council for Commercial Arbitration ICCA over many years. This article aims to pay tribute to him whose passing is a great loss not only to the Hungarian but also to international arbitration and arbitrators.
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Chung, Yongkyun, and Hong-Youl Ha. "Arbitrator acceptability in international commercial arbitration." International Journal of Conflict Management 27, no. 3 (July 11, 2016): 379–97. http://dx.doi.org/10.1108/ijcma-07-2015-0046.
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Purpose The purpose of this paper is to identify the determinants of arbitrator acceptability and investigate whether the perceived costs of arbitration moderate the relationship between arbitrator acceptability and arbitrator characteristics in international commercial arbitration. Design/methodology/approach A two-stage analytic process is used to test the dimensionality, reliability and validity of each construct and then the proposed hypotheses. Findings The findings show that the five constructs of arbitrator characteristics – reputation, practical expertise, legal expertise, experience and procedural justice – statistically significantly explain arbitrator acceptability. Moreover, perceived cost of arbitration moderates the relationship between arbitrator acceptability and arbitrator characteristics. However, the moderating effect of perceived costs of arbitration is not equal across characteristics. Research limitations/implications Knowledge regarding potential moderators of the strength of the indicators of arbitrator acceptability will be useful to future researchers in determining which variables to study in arbitrator selection research. Practical implications Useful guidelines in the selection of an international arbitrator are proposed. Originality/value This study contributes to arbitrator acceptability literature through the suggestion of a hypothesized model of arbitrator acceptability with auxiliary hypothesis of reputation in international contexts. In addition, this study investigates the moderating role of perceived cost of arbitration on the relationship between arbitrator acceptability and arbitrator characteristics.
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Thuan, Huynh Quang. "Emergency Arbitrator – An Efficient Mechanism for Commercial Arbitration Development?" Vietnamese Journal of Legal Sciences 5, no. 2 (December 1, 2021): 54–70. http://dx.doi.org/10.2478/vjls-2021-0014.
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Abstract The emergency arbitrator mechanism, despite its recent establishment, has made certain contributions to the development of international commerical arbitration. However, this mechanism has not been recognized and recorded in the national arbitration laws as well as the rules of procedure of arbitration institutions in Vietnam. In this article, the author aims to describe the operating mechanism and to discuss the benefits and limitations of the emergency arbitrator mechanism. Accordingly, the author will draw some conclusions regarding the recognition of this mechanism into Vietnam arbitration laws with the goal of developing the commercial arbitration arena in Vietnam.
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Tubishat, Bassam Mustafa, and Khaldon Fawzi Qandah. "The Role of Emergency Arbitrator in Commercial Arbitration (Comparative Study)." Journal of Politics and Law 11, no. 4 (November 30, 2018): 94. http://dx.doi.org/10.5539/jpl.v11n4p94.
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This study dealt with the arbitrator of emergency in commercial arbitration and this development is the most innovative in the rules of commercial arbitration of the International Chamber of Commerce in Paris in 1912, where a new trend was adopted with regard to interim and urgent measures before the final form of the arbitral tribunal. The International Chamber of Commerce has already adopted the rules of this system before the Arbitration Institute of the Stockholm Chamber of Commerce.
The emergence of new systems in commercial arbitration needs to be examined in order to understand, interpret and check its suitability to the needs of the parties to the dispute in the framework of commercial arbitration. Among the most important new systems are the rules of emergency arbitrator, which have been taken by many commercial arbitration centers because of the advantages of one or both parties when it needs urgent and incidental measures that cannot wait until the formation of the arbitral tribunal. Therefore, the appointment of an emergency arbitrator may be requested for such measures. Many of the centers have organized such rules as Stockholm Rules of Arbitration in Sweden and ICC in Paris and others.
The study concluded with a set of results, the most important of which was that the emergency arbitrator is one of the modern rules that serve commercial arbitration, which began by relying on Western legal systems not Arab laws.
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Romero, Eduardo Silva. "Remarks by Eduardo Silva Romero." Proceedings of the ASIL Annual Meeting 112 (2018): 244–48. http://dx.doi.org/10.1017/amp.2019.84.
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Starting with the state-to-state disputes, my impression is that international commercial arbitration has very little influence on them, if not nil. That is the case for, I believe, two reasons. The first reason is that the arbitrators dealing with state-to-state disputes and state-to-state arbitrations are usually, if not always, public international lawyers, and, further, they are often former judges of the ICJ, with the result that the rules and practices of the ICJ are more present in those arbitrations than those coming from international commercial arbitration. The second reason is that not many, if any, international commercial arbitrators intervene in those disputes. There may, in the end, be some procedural similarities between state-to-state arbitration and international commercial arbitration, due to the fact that both are “arbitration,” but that would be it.
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Hrnčiříková, Miluše. "The Meaning of Soft Law in International Commercial Arbitration." International and Comparative Law Review 16, no. 1 (June 1, 2016): 97–109. http://dx.doi.org/10.1515/iclr-2016-0007.
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Summary The growth in the amount of international arbitrations, the value of the disputes and expenses invested into the arbitral proceedings have escalated the pressure to succeed in dispute. The arbitrators face to guerrilla tactics or threats of annulment of arbitral awards based on the violation of a right to a due process. Soft law regulating the arbitral procedure endowers the effectives of the arbitration, however, in the recent years the critical voices can be heart which warn against overregulation and its judicialization. On the following pages the impact of the soft rules prescribing the arbitral proceeding on the effectiveness of the international commercial arbitration is examined. Firstly the author deals with the right to a fair trial and the discretionary power of arbitrators in the framework of the notion of soft law and then the binding character of this soft law is determined. The aim of this article is to answer the question whether the regulation of the arbitral proceedings by soft law is still welcomed or if it represents a threat for the discretionary powers of the arbitrator and arbitration as such.
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Reilly, Louise. "Harmonisation of Irish Arbitration Law: Arbitration Act 2010." Journal of International Arbitration 28, Issue 2 (April 1, 2011): 163–71. http://dx.doi.org/10.54648/joia2011014.
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On June 8, 2010, a new Arbitration Act came into force in the Republic of Ireland which abolished the distinction between domestic and international arbitration and incorporated the UNCITRAL Model Law on International Commercial Arbitration as the grounding piece of legislation for all arbitrations conducted in Ireland.
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Mooij, Hans. "Arbitration institutes forum: Arbitration Institutes: An Issue Overlooked." Intertax 47, Issue 8/9 (July 1, 2019): 737–44. http://dx.doi.org/10.54648/taxi2019072.
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Tax treaty arbitrations to date have only been rare. With the MLI and the Dispute Resolution Directive, however, numbers of arbitrations may reasonably be expected to go up. Authorities will have to face the question, whether they want to administer arbitrations themselves, or prefer to instead call on facilitation by professional arbitration institutes as is customary practice in such important areas as commercial or investment arbitration. Proper and effective administration will be a significant factor to the eventual success of tax treaty arbitration. Absent any guidance in either the MLI or the Dispute Resolution Directive, the issue requires careful consideration from authorities.
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Osmanoglu, Burcu. "Third-Party Funding in International Commercial Arbitration and Arbitrator Conflict of Interest." Journal of International Arbitration 32, Issue 3 (May 1, 2015): 325–49. http://dx.doi.org/10.54648/joia2015013.
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Third-party funding in international commercial arbitration is one of the most current and controversial issues in international arbitration. Third-party funding is the system whereby a third-party funder finances, partly or fully, one of the parties' arbitration costs. In case of a favourable award, the third-party funder is generally remunerated by a previously agreed percentage of the amount of the award. In case of an unfavourable award, the funder's investment is lost. One of the numerous issues raised by the involvement of third-party funders in international commercial arbitration proceedings is arbitrator conflict of interest due to nondisclosure of the involvement of the third-party funder in the process. In this article, we first explain the concept of 'third-party funding in international commercial arbitration.' Then we examine arbitrator conflict of interest implicating third-party funders. Finally, we discuss the need to create an obligation to disclose the involvement of third-party funders in arbitral proceedings as a predicate for arbitrator conflict of interest.
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Carreteiro, Mateus Aimoré. "Appellate Arbitral Rules in International Commercial Arbitration." Journal of International Arbitration 33, Issue 2 (April 1, 2016): 185–216. http://dx.doi.org/10.54648/joia2016010.
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Arbitral proceedings are praised for the finality of their arbitral awards. One cannot ignore, however, that parties to complex and high-stakes disputes may be concerned about potential errors. In certain disputes, therefore, an internal appellate tribunal may be an interesting option for effective review of awards. After reviewing the role of appeals in litigation, this article analyzes the reasons in favor of appeals in international commercial arbitration and reviews how arbitral institutions have structured appellate arbitral rules and other potential issues that may arise. In conclusion, this article suggests that appeals, in the context of certain international commercial arbitrations, may improve the arbitration system and be crucial instruments to protect parties against erroneous decisions and to safeguard the integrity of the arbitration process.
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Baier, Jonatan, and Bernhard F. Meyer. "Arbitrator Consultants Another Way to Deal with Technical or Commercial Challenges of Arbitrations." ASA Bulletin 33, Issue 1 (February 1, 2015): 37–57. http://dx.doi.org/10.54648/asab2015004.
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International commercial arbitrations are often complex and of a technical nature. Ensuring that arbitral tribunals have, or acquire, the necessary technical or commercial know-how is a challenge - for the parties as well as for the arbitrators. The standard solutions (party- and/or court-appointed experts) are time-consuming, costly and often carry the risk of delegating decision-making powers to the experts. Another way to ensure a technically or commercially sound and enforceable award is through the use of a consultant to the arbitral tribunal ("Arbitrator Consultant"). This tool was recently field-tested and successfully implemented in a major international energy price review arbitration in which the authors were involved. An Arbitrator Consultant is neither an expert, nor an arbitrator. Rather, he is a special assistant providing technical or commercial expertise to the arbitral tribunal "upon demand". He advises the arbitrators on limited technical or commercial language and/or calculation questions. However, he does not prepare an expert report, nor is he subject to cross-examination by counsel. The Arbitrator Consultant is, with the approval of the parties, an assistant in the sense that he helps to "translate" the arbitrator's decision into the particular technical or commercial language of a contract, or vice versa.
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Garnett, Richard. "NATIONAL COURT INTERVENTION IN ARBITRATION AS AN INVESTMENT TREATY CLAIM." International and Comparative Law Quarterly 60, no. 2 (April 2011): 485–98. http://dx.doi.org/10.1017/s0020589311000030.
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International commercial arbitration has long been a popular method for resolving cross-border business disputes. The opportunity for parties to choose their adjudicators and the dispute resolution procedure, the scope for privacy and the greater capacity for enforcement of awards compared to court judgments are all important reasons that parties prefer international arbitration over litigation. Reinforcing this trend in favour of international commercial arbitration has been a general consensus among national courts and legislatures that support, rather than interference, should be provided to the arbitral process. Such a philosophy is apparent, for example, in the requirements in the widely adopted New York Convention for States to recognize and enforce both foreign arbitration agreements and awards, and in international instruments such as the 1985 UNCITRAL Model Law on International Commercial Arbitration, which authorize national courts to assist, rather than intervene, in the conduct of arbitrations within their borders. Moreover, international commercial arbitration has proven to be sufficiently flexible as a dispute resolution method to be used both in disputes between private parties, and between private and State entities.
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Louise Livingstone, Mia. "Party Autonomy in International Commercial Arbitration: Popular Fallacy or Proven Fact?" Journal of International Arbitration 25, Issue 5 (October 1, 2008): 529–35. http://dx.doi.org/10.54648/joia2008041.
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Parties to cross–border disputes are developing a preference for international commercial arbitration as a desired alternative to litigation in the national courts. This trend owes much to the popular pro–arbitration belief that arbitrating parties are granted the autonomy to control their own decision–making process. But is this true? This article explores whether party autonomy is achieved in practice in international commercial arbitration or whether the parties still find themselves burdened with quasilitigious constraints. Upon considering the experience of international parties from an Australian and English perspective, this article finds that the restrictions imposed on parties to international commercial arbitration have developed so as to protect the freedoms they can exercise in the process.
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Kravtsov, Serhii, and Nelli Golubeva. "The Validity, Effectiveness, and Enforceability of an Arbitration Agreement: Issues and Solutions." Access to Justice in Eastern Europe 4, no. 4 (October 31, 2021): 116–30. http://dx.doi.org/10.33327/ajee-18-4.4-n000088.
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The main reason for dispute in international commercial arbitration is the existence of an arbitration agreement concluded between the parties to a foreign trade agreement. The procedure of dispute resolution in international commercial arbitration will depend on the extent to which this arbitration agreement is concluded correctly in accordance with the norms of international and national law. Quite often, in the law enforcement activities of both national courts and arbitrations, there are questions about the validity, effectiveness, and enforceability of an arbitration agreement. In different countries, this issue is addressed ambiguously. In one case, national law takes precedence, and, accordingly, national courts are empowered to consider the validity, effectiveness, and enforceability of an arbitration agreement. In other cases, however, the autonomy of the arbitration agreement is a priority aspect of the consideration of any procedural issues by international commercial arbitration as the only and indisputable body authorised by the parties to the foreign trade agreement to consider a particular dispute. The article analyses doctrinal and legislative approaches to this issue, in which the authors come to the logical conclusion that national courts do not consider the validity, effectiveness, and enforceability of an arbitration agreement.
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SANDERS, PIETER. "International Commercial Arbitration." American Business Law Journal 1, no. 1 (August 22, 2007): 64–66. http://dx.doi.org/10.1111/j.1744-1714.1963.tb01181.x.
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Bizikova, Lucia. "On Route to Climate Justice: The Greta Effect on International Commercial Arbitration." Journal of International Arbitration 39, Issue 1 (February 1, 2022): 79–116. http://dx.doi.org/10.54648/joia2022004.
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Climate change is the greatest global challenge that humankind has ever faced. It has changed the way in which communities, governments and businesses interact with each other, how they contract one with another and what legal disputes they face. National and international legal frameworks currently in place rarely provide the necessary mechanisms to resolve new kinds of disputes that have emerged and as a result, important gaps remain. International commercial arbitration is uniquely placed to respond to the transboundary nature of climate change. Its inherent flexibility, innovativeness, ability to deal with complex, cross-border issues and the possibility to choose a neutral adjudicator according to his/her expertise give commercial arbitration an important advantage over court litigation. However, some of its characteristics that are seen as welcome and desired in different contexts create important challenges for achieving climate justice. Therefore, innovation in this area will be necessary if commercial arbitration is to become an attractive option for resolving climate change-related disputes between businesses. The arbitration community should try to find constructive ways in which commercial arbitration can innovate itself so that it can complement other methods of dispute resolution traditionally used for climate change disputes. climate change, climate justice, ESG, international commercial arbitration, private finance, Paris Agreement, arbitration clause, expertise, transparency, Campaign for Greener Arbitrations, Chancery Lane Project, COP 26
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Baker, Mark. "Are Challenges Overused in International Arbitration?" Journal of International Arbitration 30, Issue 2 (April 1, 2013): 101–12. http://dx.doi.org/10.54648/joia2013008.
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This article discusses the prevalence of challenges to arbitrators in international arbitration proceedings. The authors analyse the available data on challenges in both international commercial arbitrations and in public investment treaty arbitrations and highlight differences between the two in relation to this issue.
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Frohloff, Jan. "Arbitration in space disputes." Arbitration International 35, no. 3 (September 1, 2019): 309–29. http://dx.doi.org/10.1093/arbint/aiz015.
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Abstract Some 40 years ago, the advent of commercial space activities was expected to usher in an era of disputes between the various actors in outer space. However, these space disputes and potential arbitrations between private or public entities never seemed to materialize. Even until recently it was suggested that disputes in outer space are an emerging issue which needs to be addressed in the future. The author takes the opposite position, arguing that arbitration in space disputes is an active field in commercial and investment arbitration, and discussing the most notable cases and their particularities.
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Vesel, Scott. "Will the Future See More Investment Arbitrations Taking Place in the Middle East?" BCDR International Arbitration Review 3, Issue 2 (December 1, 2016): 267–77. http://dx.doi.org/10.54648/bcdr2016028.
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To date, few, if any, investment arbitrations have been conducted in the Middle East. This situation contrasts with the fundamental historical importance the region has played as the location of seminal disputes that have helped to establish the international arbitration regime as we know it today, as well as the important and growing role of Middle Eastern parties in both commercial and investment arbitration. This essay considers the general trend towards decentralization of seats and venues in international arbitration and the factors that may eventually lead to more arbitrations taking place within the region.
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Nottage, Luke, Robert Tang, and Julia Dreosti. "The ACICA Arbitration Rules 2021: Advancing Australia’s Pro-Arbitration Culture." Journal of International Arbitration 38, Issue 6 (November 1, 2021): 775–806. http://dx.doi.org/10.54648/joia2021036.
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This article compares the new Rules of the Australian Centre for International Commercial Arbitration (ACICA) with ACICA’s 2016 Rules and those of other arbitration institutions, especially in the Asia-Pacific region. It shows how the revisions help to minimize formalization and promote efficiencies, arguably essential for arbitration’s legitimacy given that many of arbitration’s design features are traded off for an attenuated model of the rule of the law, according to a recent analysis by Singapore’s Chief Justice Sundaresh Menon. The article explains new ACICA Rules aimed at reducing costs and delays, including measures to deepen digitalization of arbitration following the Coronavirus disease 2019 (COVID- 19) pandemic and to reduce the consent-based limitations inherent in arbitration, especially for multi-party and multi-contract disputes. Other new provisions include time limits for awards, and reference to mediation, although not ultimately hybrid Arb-Med. The article also examines how the Rules balance confidentiality with transparency, including new provisions for disclosure of third-party funding. It concludes by reiterating how the 2021 ACICA Rules help meet the expectations of international arbitration users and practitioners, according to recent surveys, and link to possible further reforms to underpin Australia’s increasingly pro-arbitration culture. international commercial arbitration, Rules, Australia, Asia-Pacific, remote hearings, confidentiality, third-party funding, law reform, costs and delays
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Jhangiani, Sapna. "Conflicts of Law and International Commercial Arbitration Can Conflict Be Avoided?" BCDR International Arbitration Review 2, Issue 1 (May 1, 2015): 99–116. http://dx.doi.org/10.54648/bcdr2015006.
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International arbitration, by its nature, raises conflict of laws issues because of the interaction between different legal systems. Parties to international arbitrations face more potential choice-of-law issues than international litigants, and such issues include: what law governs the arbitration agreement where the parties have not expressly agreed this?; what law governs capacity?; what is the lex arbitri?; and what law governs the granting of interim measures by a tribunal? The author analyzes the common law approach to the above issues, and argues that there is not enough consistency and guidance to navigate them.A lack of harmonization in relation to these issues leads to a lack of certainty for users which may, in turn, discourage users away from international arbitration as a dispute resolution process. The author therefore proposes reforms and preferred approaches to be adopted by the international arbitration community in order to lead to greater certainty in the outcome to these issues.
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Mykola, Selivon. "Development of International Commercial Arbitration in Ukraine." Russian Law 2013, no. 1 (April 1, 2013): 62–78. http://dx.doi.org/10.18572/1811-9077/2013-1-62-78.
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Blanke, Gordon. "The Application of EU Law to Arbitration in the UK: A Study on Practice and Procedure." European Business Law Review 25, Issue 1 (January 1, 2014): 1–66. http://dx.doi.org/10.54648/eulr2014001.
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The following study deals with the application of EU law to arbitration in the UK , and in particular with points of practice and procedure that arbitrators and arbitrating parties are required to take into account in the application of EU law in UK arbitration. The role played by EU law in arbitration is often overlooked given the prevailing confidential nature of arbitration as a private dispute resolution mechanism in its own right. Arbitration finds wide application in the resolution of disputes arising from licensing, franchising, supply and distribution and other commercial agreements across the European Union. The framework of EU law is inescapable in the implementation of those agreements due to their cross-border nature and/or the cross-border effects they may produce in relevant product markets throughout the internal market. To date, to the best of this author's knowledge, there has been little (if any) systematic research on the application of EU law in any particular jurisdiction within the EU, exploring requirements of practice and procedure of relevance to the conduct of arbitration in light of EU law requirements bearing on that jurisdiction. The present study is an attempt to provide such research with respect to the application of EU law in arbitrations seated in the UK more specifically. It is reproduced here in the hope that it may inspire other research projects along similar lines in relation to the practice and procedure of the application of EU law in arbitrations seated elsewhere in the EU.
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Prytyka, Yuriy, Vyacheslav Komarov, and Serhij Kravtsov. "Reforming the Legislation on the International Commercial Arbitration of Ukraine: Realities or Myths." Access to Justice in Eastern Europe 4, no. 3 (August 1, 2021): 117–28. http://dx.doi.org/10.33327/ajee-18-4.3-n000074.
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International commercial arbitration (ICA) is an alternative way to resolve foreign economic disputes. Initially, arbitration itself was seen as a neutral court in which the parties to the dispute were independent of national courts. Arbitration agreements and decisions must be recognised by national courts without any complications or review procedures. Although granting commercial parties some independence to agree that their dispute will be considered by independent arbitrators is a key principle in ICA, the struggle for supremacy between national laws and national courts on the one hand and the autonomy of the parties and the independence of the international arbitration system on the other continue. Over the years, national laws have sought to control, regulate, interfere with, or support ICA in various ways. To counter attempts to ‘localise’ ICA and promote equality in this area, private, professional institutions and international and intergovernmental organisations have developed a significant body of law designed to ensure self-government and dispute settlement procedures in ICA. Nevertheless, international commercial arbitration cannot exist independently of national jurisdictions. Examining the activities of ICA, it can be seen that the importance and impact of national arbitration laws and national judicial supervision are significantly reduced, but the lex fori still plays an important role in arbitration. Thus, the reform of the normative regulation of international arbitration also affected Ukraine. The article analyses the radical changes proposed by the legislator regarding the procedure for establishing institutional arbitrations, expanding the arbitrability of disputes.
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Prytyka, Yu, and D. Prytyka. "NEWLY REFORMED PROCEEDINGS OF THE ARBITRATION AWARDS REVIEW AND INTERNATIONAL COMMERCIAL ARBITRATION AWARDS APPEAL IN CIVIL PROCEDURAL LEGISLATION OF UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 29–35. http://dx.doi.org/10.17721/1728-2195/2019/3.110-6.
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This article deals with the novelties of the reformed procedural legislation of Ukraine on appealing the decision of arbitration court and international commercial arbitration, as well as on new approaches to determining the legal nature of the proceedings in cases of appealing arbitration awards. At the same time, this study shows that the specific practical problems of a unified approach to terminology absence, in particular, "appeal" by arbitral tribunal or "challenge" by international commercial arbitration, still remain. In this article the problems of determining the objects of appeal and the expansion of the range of subjects of appeal against the decisions of arbitral tribunals, as well as the disputable issues, determining the jurisdiction of this category of cases are also considered. Special attention is paid to the examining the procedure for reviewing applications for annulment of decisions of the arbitral tribunal and international commercial arbitration, in particular the initial stage of production, time limits for challenging the arbitration award. Taking this into account, authors identify the ways to resolve the abovementioned practical problems, as well as the prospects for further reform of the judicial review institution over the enforcement of arbitral tribunals and international commercial arbitration decisions. In conclusion, authors prove, that the activity of national courts does not include the revision of the decisions of arbitration courts and international commercial arbitrations, since national courts do not check the legality and validity of the decisions; they do not review the substantive decision. In this case we consider a special mechanism for the control over the abuse of arbitrators' powers granted to them by law and by the parties to the arbitration agreement during the dispute resolution.The purpose of an appeal is to provide the interested party with the opportunity to apply limited judicial review of the arbitral award.
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Greenwood, Lucy. "The Canary Is Dead: Arbitration and Climate Change." Journal of International Arbitration 38, Issue 3 (June 1, 2021): 309–26. http://dx.doi.org/10.54648/joia2021015.
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As international lawyers, arbitration practitioners are at the forefront of global issues, yet in relation to climate change and its impact on our practices, we have been slow to act. This article considers the role that arbitration should play in determining climate change disputes and the role that arbitration practitioners could play in shaping and adapting international law to respond to the climate crisis. The pandemic has driven significant behavioural change in the arbitration community. Now is the time to reflect on our practices to ensure that arbitration remains relevant and fit for purpose in a world where climate change will impact every area of our lives. Climate change, Climate emergency, Arbitration, Protocol, Investment Arbitration, Commercial Arbitration, Dispute Resolution, Paris Agreement, Greener Arbitrations, Green Pledge
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Malacka, Michal. "Evidence in International Commercial Arbitration." International and Comparative Law Review 13, no. 1 (June 1, 2013): 97–104. http://dx.doi.org/10.1515/iclr-2016-0061.
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Abstract International commercial arbitration and national commercial arbitration are issues of international private law combined with global and local aspects. The rules of the procedure in international commercial arbitration vary around the world and are combined with the very strong influence of national law and are determinate by the place where the arbitration procedure is being preceded by the arbitrators. Obtaining evidence in commercial arbitration is also dependent on the above-mentioned aspects. The arbitrators have to know, as much as possible, all about the common law system, the civil law system’s influence and the powers and initiation possibilities they have during the arbitration procedure. The knowledge of the system and existing procedure rules allow them to produce the most important part of the arbitration, such as a perfect award.
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Astakhova, Daria O. "THE ROLE OF THE DELOCALISATION THEORY IN THE DEVELOPMENT OF THE FRENCH LEGISLATION ON INTERNATIONAL COMMERCIAL ARBITRATION." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 40 (2021): 125–32. http://dx.doi.org/10.17223/22253513/40/11.
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The notion of delocalisation of international commercial arbitration has recently drawn increasing attention from Russian and foreign scholars. The main problematic of scientific discussions relates to the question of how closely international commercial arbitration is related to the legal order of the seat of arbitration. The emergence and development of the theory of delocalisation of international commer-cial arbitration is inextricably linked to the French legal science. French scientists stand at the origins of this theory. Besides, French law and jurisprudence have been significantly influenced by the theory of delocalisation of international commercial arbitration. The following provi-sions of the French legislation provide the most significant examples. First, article 1511 of the French code of civil procedure constitutes a basis for the use by arbitrators of the method of direct choice of law (“voie directe”). This implies that arbitrators do not have to apply any conflict of laws rules. Therefore, French law provides for a broad autonomy of arbitrators in the choice of law, while at the same time reducing the link between arbitration and national law, including the French law. French law is thus in perfect harmony with the concept of delocalisation of international commercial arbitration. Second, it is worth mentioning that the French code of civil procedure contains a limited number of grounds for refusal of recognition and enforcement of foreign arbitral awards. This particularity permits to ensure the highest efficiency of international commercial arbitration, to maintain an arbitration friendly approach at the stage of recognition and enforcement of foreign arbitral awards, as well as to recognise and enforce arbitral awards that have been set aside at the seat of arbitration. This corresponds to the idea of delocalisation of international commercial arbitration. Third, the influence of the delocalisation theory on the French legislation is also reflected in the scope of international competence of the French supporting judge, who can act in cases where one of the parties incurs the risk of denial of justice. This means that the French sup-porting judge is entitled, for example, to nominate an arbitrator if one of the parties fails to do so, even if the dispute does not have any objective links to France. The features of the French legislation on international commercial arbitration examined above prove that it is impacted by the theory of delocalisation of international commercial arbitration. The recognition in legal science, law and court practice of the autonomy of inter-national commercial arbitration from national legal orders contributes to the growth of attrac-tiveness of Paris as a place of cross-border dispute resolution.
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Osadchiy, Maxim, Lord Goldsmith Qc, and Natalie Reid. "State Courts’ Attitude to Arbitrator Challenge Applications: Rich Tapestry of Arbitrator Bias Standards." BCDR International Arbitration Review 6, Issue 1 (June 1, 2019): 127–48. http://dx.doi.org/10.54648/bcdr2021008.
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The exact phrasing and application of arbitrator bias standards often vary across jurisdictions. This lack of uniformity is not conducive to predictability and finality of arbitrations, and does not build confidence in the integrity of a process still largely defined by party selection of the decision-makers. The article examines key aspects of the legal framework governing arbitrator challenge applications in four leading arbitral jurisdictions: the United States, England and Wales, France, and Singapore. It questions whether the textual differences in the formulation of arbitrator bias standard(s) in these jurisdictions are in fact significant, or could actually lead to conflicting outcomes.The article concludes that while the lack of consistency is less acute than is commonly perceived, there would be benefit in greater uniformity.To that end, the authors call for wider reception of soft law instruments in this area where appropriate, consistent with both the longstanding view of arbitration as the preferred method for resolving cross-border business disputes in these and other leading jurisdictions, and increasing interest and acceptance of commercial arbitration in emerging jurisdictions.
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Henderson, Alastair. "Commercial Arbitration in Thailand." Asian International Arbitration Journal 5, Issue 1 (August 1, 2009): 46–69. http://dx.doi.org/10.54648/aiaj2009002.
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Alhashemi, Azab Alaziz. "Importance of Qualitative Addition to the New Arbitration Rules in Settling International Disputes - Experience of the Kingdom of Bahrain International." Journal of Politics and Law 16, no. 1 (October 20, 2022): 1. http://dx.doi.org/10.5539/jpl.v16n1p1.
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A complete set of procedural rules have been added in the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules and the parties agree on the application of arbitration procedures developed from this commercial relationship. These laws are widely used in arbitrations conducted by the institutions along with the ad hoc arbitrations. All the aspects of arbitration processes are covered by these rules such as setting out rules of procedure for appointing arbitrators, conducting arbitration proceedings, and modelling arbitration clause. The arbitration process also comprises of rules associated with form, impact, and interpretation of arbitral award. This study aims to investigate the experience of the Kingdom of Bahrain related to the addition of new arbitration rules. A detailed analysis of the newly developed changes has been conducted to provide important propositions. Findings of the study indicate that despite the effectiveness of newly developed changes, a few further amendments are required to increase the flow of international investments in Bahrain by providing the investors with the security they need.
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Loken, Keith. "Uncitral Rules on Transparency in Treaty-Based Investor-State Arbitration." International Legal Materials 52, no. 6 (December 2013): 1300–1308. http://dx.doi.org/10.5305/intelegamate.52.6.1300.
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On July 11, 2013, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (Transparency Rules). The new Transparency Rules are the product of three years of negotiations in UNCITRAL. The Transparency Rules will be available in two forms: (1) as part of the UNCITRAL Arbitration Rules, for use in arbitrations conducted under those rules, and (2) as a free-standing set of rules, available for use in arbitrations conducted under other arbitral rules, such as the Rules of the International Centre for Settlement of Investment Disputes (ICSID), or in ad hoc proceedings. The Transparency Rules, as well as the new version of the UNCITRAL Arbitration Rules that incorporates the Transparency Rules, will come into effect on April 1, 2014. The Transparency Rules are for use only in treaty-based investor-State arbitration – not in traditional commercial arbitration.
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Rosell, José. "Arbitration Costs as Relief and/or Damages." Journal of International Arbitration 28, Issue 2 (April 1, 2011): 115–26. http://dx.doi.org/10.54648/joia2011011.
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During the arbitration proceedings, two categories of costs may be incurred by the parties. The arbitration costs, which are strictly related to the arbitration proceedings, and the costs which are incurred in relation to parallel proceedings brought before the state courts by the parties. This article discusses the extent to which the costs of arbitration and of such parallel proceedings can be claimed, whether as an item of relief or as damages. The conduct of the parties during the proceedings may have an impact on the allocation of all such costs in both commercial and investor-state arbitrations.
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Ali, Raqiya Abdul Jabbar, and Majd Almanasrah. "Power of Arbitration Agreement." Journal of Politics and Law 12, no. 2 (May 30, 2019): 71. http://dx.doi.org/10.5539/jpl.v12n2p71.
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Arbitration certainly plays a pivotal role in characterizing commercial relations that are of various kinds among individuals, and this, in turn, leads to make arbitration clause contained within contracts so as to settle disputes created by such contracts. It, in a way or another, aims at preventing litigants from recourse to a court of law. Instead, litigants should be fully committed to refer their disputes to a well-trusted arbitrator whose responsibility is to adjust their de facto or potential dispute, and should also be committed to put the arbitrator's judgment into effect. This paper sheds some light on determining the principle of power of arbitration agreement when an original contract is prepared. It provides the definition, the concept and the legal foundation of power of arbitration agreement.
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Yuen, Peter. "Arbitration Clauses in a Chinese Context." Journal of International Arbitration 24, Issue 6 (December 1, 2007): 581–96. http://dx.doi.org/10.54648/joia2007043.
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This article looks at some of the key issues which arise when drafting arbitration agreements in the context of commercial and M&A transactions, with a focus on China-related transactions. The article highlights and examines the key considerations to be taken into account when negotiating and drafting the arbitration agreement. These include the scope of the arbitration agreement, the seat of the arbitration, the governing law of the arbitration agreement, the process for choosing the arbitrator(s), the choice of institutional or ad hoc arbitration, and the choice of language for the arbitration. The author then further considers other issues which may impact upon the drafting of arbitration agreements, such as disputes involving multiple parties, sole option clauses, expedited proceedings and interim relief.
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Mason, Paul Eric. "New Keys to Arbitration in Latin-America." Journal of International Arbitration 25, Issue 1 (February 1, 2008): 31–69. http://dx.doi.org/10.54648/joia2008002.
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It is commonly accepted that, until recently, arbitration in Latin America was frozen in time in the nineteenth century. However, in the 1990s, arbitration developed relatively quickly, tracking the rise of privatization, investment deregulation and globalization in the region. Since then, arbitration has taken on a variety of forms, the most prominent being commercial arbitration involving businesses, investor-state arbitrations, and trading bloc-based arbitration. This article analyzes the first two of these, and is divided into sections, each describing a key development of arbitration in Latin America. The ten key sections are analyzed in the following order: (1) relationship of arbitration to political and economic change in the region; (2) acceptance of arbitration in Latin American state contracts; (3) investment treaty arbitration; (4) growing use and promotion of arbitration by international funding agencies; (5) application of international treaties supporting arbitration; (6) domestic legal support for arbitration in Latin America; (7) development of institutional arbitration versus ad hoc arbitration; (8) industry and activity-specific arbitration; (9) multi-tier dispute resolution mechanisms; (10) the profession in Latin America.
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Seyadi, Reyadh Mohamed. "Intellectual Composition of Arbitral Tribunals According to the New Saudi Arbitration Law." Arab Law Quarterly 33, no. 1 (December 12, 2019): 99–108. http://dx.doi.org/10.1163/15730255-12331028.
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Abstract One significant feature of arbitration that distinguishes it from litigation in national courts, is the parties’ freedom to select the arbitrator or members of the arbitral tribunal familiar with the kind of dispute that might arise or already has arisen. In 2012, a new arbitration law was issued in the Kingdom of Saudi Arabia (KSA) inspired by the texts of the Model Law on International Commercial Arbitration. In all its provisions it included the requirement not to violate Sharīʿah law (Islamic legal tradition). However, according to this law, the sole arbitrator or presiding arbitrator must hold a Bachelor of Laws (LLB) or Sharīʿah law degree. This provision is mandatory, and the parties cannot agree otherwise. This article seeks to provide some thoughts on this restriction through an analysis of arbitrator qualifications under Sharīʿah law in order to provide a better understanding of the position adopted by the KSA Arbitration Law.
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Dung Tran, Thi Thuy. "Punitive Damages Awards in International Arbitration: Franchising Case." Journal of Siberian Federal University. Humanities & Social Sciences 14, no. 11 (November 2021): 1613–25. http://dx.doi.org/10.17516/1997-1370-0844.
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This article is written to evaluate the practical significance of punitive damages in the field of arbitration concerning international commercial disputes and franchise disputes. It finds that punitive damages awards are frequent in domestic arbitrations in the United States but not internationally common. This article discusses the severity of the punitive damages awards to explain why such decisions are not frequent in international trade disputes; it still has a significant influence that concerns the contracting parties, making them exclude punitive damages in their agreements. This article also explains the reasons for limiting the use of these punitive damages. The first one is the limitation of punitive damages applied to arbitration. Indeed, punitive damages are only recognised under a handful of domestic arbitration laws in a number of countries, especially the ones associated with contract claims. Secondly, the enforceability of such awards is internationally limited due to public policy. Therefore, this difficulty caused the arbitral tribunal to refuse to award such damages. Finally, the statistics on punitive damages award in international commercial arbitration are scarce, so the article refers to provide and analyse the cases that are not international-thereby discussing and evaluating the suitability of punitive damages in the context of international commercial arbitration
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Feigerlová, Monika. "Emergency Measures of Protection in International Arbitration." International and Comparative Law Review 18, no. 1 (June 1, 2018): 155–77. http://dx.doi.org/10.2478/iclr-2018-0030.
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Summary Numerous arbitration rules were amended over the last five years to include provisions on the so-called emergency arbitration measures. An emergency arbitrator is appointed before the constitution of a full arbitral tribunal and is empowered to grant an interim relief that the applicants could have historically obtained in these urgent situations from ordinary courts only. The article discusses key aspects and challenges of the new institute in the context of both international commercial and investment arbitration.
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Rossetto, Julia Guimarães, and Luís Alberto Salton Peretti. "Breves Comentários Acerca das Novas Leis de Arbitragem Comercial Internacional de Argentina e Uruguai." Revista Brasileira de Arbitragem 16, Issue 62 (July 1, 2019): 80–100. http://dx.doi.org/10.54648/rba2019019.
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Argentina and Uruguay promulgated, in 2018, new international commercial arbitration statutes following the UNCITRAL Model Law. Such countries evolved from a monist system, which made no difference in what regards the law applicable to domestic and international arbitration, to a dualist system providing a specific legal framework for international arbitrations. The article analyses the arbitration background in the two countries and examines the text of the new laws in comparison with the UNCITRAL Model Law and with the Brazilian Arbitration Act. The article also investigates the effects of international treaties on the legal regime applicable to arbitration in such countries, especially from the viewpoint of Brazil. In conclusion, the analysis indicates that Argentina and Uruguay both adopted a modern legal framework amenable to promote the development of arbitration between business actors in the region.
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Vasudevan, Jaya. "Harmonizing Commercial and Investment Arbitration: Conflict Dynamics." Journal of Sustainable Development Law and Policy (The) 12, no. 2 (December 13, 2021): 283–313. http://dx.doi.org/10.4314/jsdlp.v12i2.6.
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This article provides an independent analysis of the scope and extent of arbitration under investment agreements, and the implications of the possible convergence in the process of harmonization of international commercial arbitration law.The successful settlement of any dispute depends on the compatibility of the nature of the dispute with the technique to which it is submitted for resolution. In the last decade, there was a constant increase in the number of disputes that were subjected to arbitration and a major chunk of those disputes covered a comparatively new but known area called international investment law. With economic globalization allowing the free flow of foreign direct investment (FDI) in and out of a country, the existing regulatory framework in international law to standardize investment liberalization is often seen as ineffective, hence the consequent disputes. Here, arbitration offers a suitable framework for the amicable settlement of commercial disputes covering investment agreements with the assistance of bilateral or multilateral agreements between the states. Preferential trade agreements pertaining to investment often contain an arbitration clause for the settlement of future disputes between parties. At this juncture, one may find that there exists a fundamental dilemma in ascertaining the true nature of investment arbitration and how it is different from commercial arbitration. For example, the protection being offered to human rights under the purview of investment arbitration may generate doubts in the minds of investment arbitrators. In commercial arbitration, divergences in a pluralistic order become particularly relevant whereas the diverse legal cultures supported by individual constitutional frameworks have a direct impact on investment arbitration due to their practical application. The article also discusses the need for harmonized rules governing arbitration procedures while maintaining the functional dissimilarities between commercial and investment arbitration.
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Dawson, Georgia, and Kate Apostolova. "Banks as Claimants in Investment Arbitration." Asian International Arbitration Journal 16, Issue 2 (November 1, 2020): 93–112. http://dx.doi.org/10.54648/aiaj2020017.
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Historically, banks have tended to prefer litigation over arbitration for their disputes. However, in recent years, banks have increasingly been using international arbitration instead, particularly when doing transactions in Asia and in emerging markets. The 2018 Queen Mary International Arbitration Survey also concluded that financial institutions, including banks, and their counsel are ‘contemplating arbitration with much greater interest than ever before’. In addition to using international commercial arbitration more often, banks have increasing sought to benefit from treaty-based international investment arbitration. The protections afforded in investment treaties mitigate some of the key risks banks face when investing abroad, such as having their investment nationalized or being subjected to unfair investigations. This article focuses on banks as claimants in treaty-based investment arbitrations, a subject not addressed in commentaries. It examines the publicly available investment arbitration awards in cases brought by banks against States and sets out to identify some key trends and themes. banks, investment arbitration, jurisdiction, investor, investment, fair and equitable treatment, expropriation
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Sumant Kolhe, Varad. "PASL V. GE: Indian Parties’ Fillip to Foreign-seated Arbitrations, but at What Cost?" Asian International Arbitration Journal 17, Issue 2 (October 1, 2021): 193–208. http://dx.doi.org/10.54648/aiaj2021010.
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Can two Indian parties elect a foreign seat of arbitration? This question has been the epicentre of a long-standing divergence in judicial opinions across Indian courts. However, this divergence was put to rest by the Supreme Court of India in PASL Wind Solutions (P) Ltd. v. GE Power Conversion (India) (P) Ltd. (decision of 20 April 2021), ruling in favour of Indian-parties’ autonomy to elect a foreign-seat of arbitration. Recognizing party autonomy as the “brooding spirit” of arbitration, the Supreme Court overruled two judgments of the Bombay High Court (Seven Islands Shipping Ltd. v. Sah Petroleums Ltd and Addhar Mercantile Pvt. Ltd. v. Shree Jagdamba Agrico Exports Pvt. Ltd.) for not understanding the law (on foreign seated arbitrations between Indian parties) in its correct perspective. Further, it clarified that the term ‘international commercial arbitration’ (in the proviso to section 2(2) of Indian Arbitration and Conciliation Act, 1996) was ‘party-centric’, in the context of section 2(1)(f) of the Indian Arbitration and Conciliation Act, 1996. On the other hand, the same term, when seen in the context of section 44 of the Indian Arbitration and Conciliation Act, 1996, was qualified as ‘place-centric’. This note considers the ramifications of the Supreme Court’s approach in reaching these conclusions, identifying and addressing significant gaps and ambiguities that arise therefrom. Indian Parties, International Commercial Arbitration, Party Autonomy, Foreign Seat of Arbitration (International Chamber of Commerce), Place of Arbitration, Venue of Arbitration, Foreign Substantive Law, Foreign Awards, Enforceability of Foreign Awards, Public Policy, Overruling
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PACHAHARA, Shantanu, and Vikas GANDHI. "THIRD-PARTY FOUNDING IN INTERNATIONAL COMMERCIAL ARBITRATION: IT IS ABOUT TIME FOR REGULATIONS." Conflict Studies Quarterly, no. 41 (October 5, 2022): 60–77. http://dx.doi.org/10.24193/csq.41.4.
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Third-party funding (TPF) is a species of the common law doctrine of maintenance and champerty. With the burgeoning of global trade, the need for funding arbitral proceeding of high magnitude have witnessed an upward trend. TPF is a method wherein the impecunious party to the dispute enters into a contract with a third-party, who is not a party to the arbitration agreement, to finance the arbitration proceeding and run the risk of either paying or receiving the proceeds, costs, or award awarded against or in favor of such party. TPF, on one hand, provides a gateway to justice to the impecunious party and on the other hand, causes an impediment to the recognition and enforcement mechanism of arbitral awards. TPF flourishes as an alternative to support arbitral proceedings by acting as an investment for the financers but what impact it has on the market, in the long run, is still unclear. TPF assists the struggling party to appoint highly qualified specialists and a learned arbitrator through financial assistance but restricts the party autonomy and raises justifiable doubts as to the independence and impartiality of the arbitrator due to the leverage the financer holds in such an arrangement. Last but not least, TPF may also, at times, result in the disclosure of attorney-client communication to the financer. The present article is an analytical study of TPF as a mechanism in international commercial arbitration and what challenges it poses to its practice. Moreover, the article places reliance on the work of various scholars, and adopting the inductive approach of reasoning, reflects upon the plausible remedies for challenges that TPF poses to international commercial arbitration. Keywords: Third-Party Funding; Commercial Arbitration; International; Challenges; Regulation.
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Kyung Kim, Min. "Damages for Breach of an Arbitration Agreement: A Korean Law Perspective." Asian International Arbitration Journal 18, Issue 1 (May 1, 2022): 1–20. http://dx.doi.org/10.54648/aiaj2022001.
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With the continued growth of international and cross border trade, there has also been an exponential growth in the use of international arbitration as a dispute resolution mechanism. However, there are unfortunately still many instances in which a party breaches an arbitration agreement and brings a claim in another forum and jurisdiction causing a significant time and cost burden to the other party. One of the possible deterrents of such behaviour is the ability in some jurisdictions to bring a damages claim against the party that breaches the arbitration agreement. Civil and common law jurisdictions have sometimes had different approaches to whether such a claim was possible. Korean law has very limited jurisprudence in relation to this issue despite Korean companies being one of the leading users of international arbitration and Korean law frequently applied in arbitrations. This article assesses how Korean law should deal with a damages claim for breach of an arbitration agreement by examining other civil and common law jurisdictions, namely Germany and England, as well as Korean law on damages. The article concludes that a claim for damages for a breach of an arbitration agreement is possible and the traditional Korean view that arbitration agreements are of purely procedural in nature and have no substantive rights and obligations arise from them does not fit with the realities of international commercial transactions and the parties’ intentions. international commercial arbitration, breach of arbitration agreement, damages claim, Korean law, civil law jurisdiction
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Avsiievych, Alla. "Historical stages of development of the arbitration agreement and arbitration." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, no. 5 (December 30, 2020): 125–33. http://dx.doi.org/10.31733/2078-3566-2020-5-125-133.
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International commercial arbitration is one of the most important institutions of modern law, an important form of resolving disputes arising in foreign economic activity. The history of international commercial arbitration has significantly affected its current state and therefore needs detailed consideration. To study this topic, it is necessary to clearly distinguish between the types of arbitration that existed at one time or another. The article is devoted to the stages of development of international commercial arbitration and its application to resolve international commercial disputes. The article examines the provisions of legal acts that for the first time define the concept and legal status of international commercial arbitration.
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Pavličić, Igor. "Constitution of the international commercial arbitration." Glasnik Advokatske komore Vojvodine 68, no. 9 (1996): 401–9. http://dx.doi.org/10.5937/gakv9610401p.
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The technique of constitution of the arbitration is the major subject which is set in conflict which are solved by the arbitration. If its not, on the first place, precisely defined, big problems which can hardly be solved will occur and thats why is necessary to define this subject in arbitration contract.
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Zasemkova, O. F. "International Commercial Arbitration in Russia: Results of the Reform." Lex Russica, no. 8 (August 27, 2021): 9–22. http://dx.doi.org/10.17803/1729-5920.2021.177.8.009-022.
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September 2021 marks five years of the arbitration reform in Russia. During this period, fundamental changes have occurred in this area, affecting both arbitration institutions that are authorized to administer disputes on the territory of Russia, and the distribution of categories of arbitrable disputes between permanent arbitration institutions and arbitration tribunals created to resolve a specific dispute (ad hoc arbitration tribunals). The paper attempts to analyze the main results of the reform and assess its impact on Russia’s attractiveness as a place of arbitration. The author comes to the conclusion that, despite some positive consequences of the reform (such as "pocket" arbitration courts leaving the market, resolving the issue of arbitrability of corporate disputes, empowering state courts with the functions of promoting and monitoring the activities of arbitration courts, etc.) a number of problems remained unresolved, and the attitude towards Russia as a place of arbitration remainedalmost unchanged. Moreover, innovations that relate to the procedure for creating arbitration tribunals and obtaining the right to administer disputes on the territory of Russia and apply, among other things, to foreign arbitration institutions, have led to attempts to circumvent the requirements of Russian law both by the parties and by the arbitration institutions that failed to obtain appropriate permission. An equally important problem resulting from the reform includes leaving the market by regional arbitration courts that used to be popular among small and medium-sized businesses that are often not ready to pay rather high arbitration fees set by large arbitration centers. Thus, most of the goals set by the reform ideologists have not been achieved, which indicates the need for further improvement of legislation in this area.
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Dutu, Adelina-Oana. "Law Governing International Commercial Arbitration." European Journal of Law and Public Administration 8, no. 1 (June 30, 2021): 01–10. http://dx.doi.org/10.18662/eljpa/8.1/143.
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The scope of this article is to identify the law governing the international commercial arbitration by reporting the international and internal regulations. We shall consider the situation of contracting parties selecting the law governing their contract and when the parties have not selected the governing law and decided for arbitration as manner of solving their disputes.
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Stevens, C. R. "Japan Commercial Arbitration Rules Revisited." Arbitration International 9, no. 3 (September 1, 1993): 317–22. http://dx.doi.org/10.1093/arbitration/9.3.317.
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