Artykuły w czasopismach na temat „Arbitration”
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Kecskés, László. "In Memory of Professor Dr Iván Szász". Journal of International Arbitration 29, Issue 3 (1.06.2012): 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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Bizeau, Marie-Laure, i Aleksandra Fedosova. "‘Forum of Necessity’: Using French Law’s ‘Juge d’appui’ in Foreign-Seated Arbitrations as a Cure for Denial of Justice". Journal of International Arbitration 39, Issue 5 (1.10.2022): 749–64. http://dx.doi.org/10.54648/joia2022032.
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This article explains how French arbitration law enables a party to turn to the French courts for arbitrations seated outside of France, when faced with the risk of denial of justice. It describes the jurisdiction and role of the French ‘juge d’appui’ (or ‘supporting judge’), in preventing a denial of justice in arbitrations that bear no connection to France. An analysis of French arbitration law and jurisprudence demonstrates that the French supporting judge is an effective solution to prevent a denial of justice when the arbitration agreement does not provide for a supporting judge. juge d’appui, judge acting in support of arbitration, supporting judge, denial of justice, defaulting party, appointment of an arbitrator, constitution of the arbitral tribunal, jurisdictional immunity, Agreement on Promotion, Protection and Guarantee of Investments among Member States of the Organisation of the Islamic Conference, OIC Treaty, Secretary General of the OIC, most favoured nation clause
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Blanke, Gordon. "Arbitrating in a Modern World: Challenges and Opportunities". Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 89, Issue 3 (1.08.2023): 238–65. http://dx.doi.org/10.54648/amdm2023024.
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This lecture was delivered as the 2023 International Dispute Resolution Institute (IDRI) Annual Lecture in Abuja, Nigeria, on 28 April 2023. It discusses the major challenges and opportunities of arbitrating in a modern world. In doing so, it addresses the increasing digitalization of arbitration, the introduction of two main new types of arbitration, i.e., digital/online arbitrations on the one hand and free zone arbitration on the other, as well as the arbitration of new types of disputes, i.e., disputes involving economic sanctions and disputes related to human rights (HR). In this sense, this lecture offers a tour d’horizon of the changing face of arbitration in the 21st century, testifying to its innate procedural flexibility and adaptability. Arbitrators and arbitral institutions, in turn, are advised to adapt in order to stay relevant in the modernizing discourse of arbitration.
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Rosenberg, Charles B. "Challenging Arbitrators in Investment Treaty Arbitrations — A Comparative Law Approach". Journal of International Arbitration 27, Issue 5 (1.10.2010): 505–17. http://dx.doi.org/10.54648/joia2010028.
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There has been a recent uptick in challenges to arbitrators in investment treaty arbitrations. When negotiating an arbitration agreement and/or selecting a forum to commence international arbitration, challenge procedures and the applicable standards should be taken into consideration to preserve potential strategic advantages. This article undertakes a comparative law analysis of the various standards for challenging an arbitrator and then examines some of these recent decisions.
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Liebscher, Christoph, Richard Levin i Patrick Sommer. "Certain Procedural Issues in Arbitrating Competition Cases". Journal of International Arbitration 24, Issue 2 (1.04.2007): 189–209. http://dx.doi.org/10.54648/joia2007015.
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Arbitrations of competition cases are a relatively new phenomenon. The authors of this work were members of the ICC’s recent Task Force on Arbitrating Competition Disputes and this note is taken in large part from their report to the Task Force on procedural issues. This work touches on many procedural issues, including those that are somewhat predictable in arbitrations of competition disputes and those that are not. These include the power of the arbitrator to rule on the competition issue, the burden of proving a violation, as well as educating the tribunal on different competitive impacts in different jurisdictions, and the duty to render an enforceable award and how that plays in an arbitration of a competition case given the important public policy issues at stake. The effect of a ruling of a state competition authority is analyzed. Discovery issues are discussed as well, given their importance in complex disputes, and the note concludes with a discussion of the dispositive motion in competition disputes and how that type of motion might square with the policy of arbitration as well the enforceability issues it presents.
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Pugliese, William Soares, i Paulo Nalin. "Tutelas provisórias emitidas pelo Poder Judiciário brasileiro em apoio à arbitragem". Revista Brasileira de Arbitragem 13, Issue 50 (1.06.2016): 79–91. http://dx.doi.org/10.54648/rba2016019.
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Abstract: This article deals with the relationship between the temporary reliefs and arbitration, with special focus on the innovations of the new Code of Civil Procedure and the changes in the Arbitration Act. In order to do so, first, a brief summary of the subject of temporary reliefs by the new Code of Civil Procedure is made, which is applicable to national and eventually international arbitrations. Secondly, the paper examines the recent changes of the Arbitration Law, whose new text establishes two phases, with two competent authorities for the granting of early reliefs: before the arbitration is instituted, the request is addressed to the courts; after the constituted arbitration, the request is directed to the arbitrator. At the end, an examination of the applicability of such devices is carried out and, also, decisions of the Brazilian courts on the subject are analyzed.
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Sombra, Thiago Luís. "Mitos, crenças e a mudança de paradigma da arbitragem com a administração pública". Revista Brasileira de Arbitragem 14, Issue 54 (1.08.2017): 54–72. http://dx.doi.org/10.54648/rba2017021.
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One year after the reform of Arbitration’s Law came into force, the moment requires an overcoming of the narrow focus about the unavailability of the public interest in order to let another issues flourish. Considering the enhancing of regulation over important sectors of economy to which arbitration has been linked as an ADR tool (ports, energy, PPPs, public procurement), the next step involves the harmonization of legal regimes aiming to endeavor arbitrations with public administration. This article analyzes the overcoming of the first obstacles’ phase and beliefs raised against the arbitration with public administration. In the first part some questions are addressed and few myths are pointed out. Next, the article presents some tools employed to overcome dogmatic premises. Further, it concludes with factual and practical aspects of arbitrations governed by the reform of Arbitration’s Law.
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Ms. Charu Shahi, Dr Sachin Rastogi,. "THE CONCEPT OF INSTITUTIONAL ARBITRATION – NEED FOR THE HOUR". Psychology and Education Journal 58, nr 2 (20.02.2021): 6601–9. http://dx.doi.org/10.17762/pae.v58i2.3194.
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The Indian lawmakers have an agenda to promote India as an Arbitration hub for solving disputes, thus, they brought about certain changes to the Arbitration and Conciliation Act, 1996 by way of an amendment namely, the Arbitration and Conciliation (Amendment) Act, 2015 (“2015 Amendments”) which aimed at achieving this goal by facilitating speedy and efficacious resolution of disputes through arbitration. It is widely accepted that India prefers ad hoc arbitration over institutional arbitration. Though various arbitral institutions have been set up in India, especially in the last five years, ad hoc arbitration continues to be the preferred mode of arbitration. Moreover, a large number of international arbitrations involving Indian parties are seated abroad and administered by foreign arbitral institutions. In order to promote institutional arbitration in India, it is imperative that: (a) Indian parties involved in domestic and international arbitrations are encouraged to shift to institutionally administered arbitrations rather than resort to ad hoc arbitrations; and (b) India becomes a favored seat of arbitration for international arbitrations, at the very least in matters involving Indian parties. With this background, this paper delineates certain issues that exist in the Institutional Arbitration in India and identifies areas for reform in the Indian arbitration, to strengthen the existing arbitration mechanisms, and also to put forward focus areas for promoting institutional arbitration in India.
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Jhanwar, Soumil. "The Fragmented Consent Framework to Understand Consolidated Arbitrations". Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 89, Issue 3 (1.08.2023): 273–322. http://dx.doi.org/10.54648/amdm2023020.
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The existing theories pertaining to joinders and consolidations in arbitration present two contrasting schools of thought for examining multi-party and multi-contract arbitration requests. This article critically analyses the two opposing schools’ examination of joinders and consolidations to demonstrate the inadequacy of both. After highlighting the dire need for development of a fresh theoretical framework for assessing requests for joinders and consolidations, this article builds on consent-based theories to develop a ‘fragmented consent framework’ to understand consolidated arbitrations. This framework breaks down a party’s consent to arbitrate into consent for four major elements of arbitration and highlights various reasons why ‘consent to opposing/other arbitrating parties’ ought to be considered irrelevant for multi-contract arbitration-related questions. It concludes by highlighting the relative superiority of the fragmented consent framework as a method of assessing joinder/ consolidation requests, as compared to the existing theories.
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Mooij, Hans. "Arbitration institutes forum: Arbitration Institutes: An Issue Overlooked". Intertax 47, Issue 8/9 (1.07.2019): 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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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 (1.01.2014): 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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Born, Gary B., i Dharshini Prasad. "Joinder and Consolidation". BCDR International Arbitration Review 5, Issue 1 (1.09.2018): 53–84. http://dx.doi.org/10.54648/bcdr2020004.
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Article 28: Joinder 28.1 At any time following the Chamber’s notice of the commencement of the arbitration pursuant to Article 3, and before the appointment of the arbitral tribunal, a party wishing to join an additional party to the arbitration shall submit to the Chamber, and at the same time to all other parties to the arbitration and to the additional party, a written request for arbitration against the additional party (the ‘Request for Joinder’), including or accompanied by all the items prescribed for a Request in accordance with Article 2.2. 28.2 The additional party shall submit a response to the Request for Joinder (the ‘Response to Request for Joinder’), the time limit, form and content of which shall be as prescribed for a Response in accordance with Article 4. 28.3 The Chamber shall join the additional party to the existing arbitration, provided that no additional party shall be joined pursuant to Article 28.1 unless the Chamber is prima facie satisfied that an arbitration agreement conforming to Article 1.1 may exist between all the parties, including the additional party. 28.4 At any time following the appointment of the arbitral tribunal, a party wishing to join an additional party to the arbitration shall proceed in the manner prescribed by Article 28.1, provided always that: (a) the additional party shall not be joined after the appointment of the arbitral tribunal unless all parties to the arbitration and the additional party so agree in writing, and further agree that the additional party shall waive any right to participate in the selection of the arbitral tribunal that it would or might have had, had it been joined prior to the appointment of the arbitral tribunal; (b) the arbitral tribunal shall, after consultation with the parties, determine in its sole discretion whether the additional party should be joined, taking into account the stage of the arbitration, whether joinder would serve the interests of justice and efficiency, and such other matters as it considers appropriate in the circumstances of the case; and (c) the arbitral tribunal, if it permits joinder, shall determine the time, form and content of any Response to Request for Joinder. 28.5 If joined, the additional party shall be a party to the arbitration for all purposes. 28.6 A Request for Joinder and a Response to Request for Joinder may, but need not, be submitted to the Chamber using the Chamber’s online filing form located at www.bcdr-aaa.org. Article 29: Consolidation 29.1 If two or more arbitrations subject to these Rules are commenced pursuant to the same arbitration agreement and between the same parties, the Chamber may, in its discretion and after consultation with the parties, consolidate the arbitrations into a single arbitration subject to these Rules, provided that no arbitral tribunal has yet been appointed in any of the arbitrations to be consolidated. 29.2 Following the appointment of the arbitral tribunal, the arbitral tribunal shall, on the application of any party, and having consulted all the parties, have the power to consolidate two or more arbitrations commenced under these Rules into a single arbitration, provided that no arbitral tribunal has been appointed in the other arbitration or arbitrations, or, if appointed, is the same arbitral tribunal as the arbitral tribunal appointed in the arbitration that commenced first; and (a) all parties to the arbitrations to be consolidated have agreed in writing to consolidation; or (b) all claims and counterclaims in the arbitrations are made under the same arbitration agreement; or (c) if the claims and counterclaims in the arbitrations are made under more than one arbitration agreement, the arbitrations involve the same parties, the disputes in the arbitrations arise in connection with the same legal relationship and the arbitral tribunal determines that the arbitration agreements are compatible. 29.3 In determining whether to consolidate two or more arbitrations, the arbitral tribunal shall take into account the stage of the arbitrations, whether the consolidation of the arbitrations would serve the interests of justice and efficiency, and such other matters as it considers appropriate in the circumstances of the case. 29.4 When arbitrations are consolidated, they shall be consolidated into the arbitration that commenced first, unless otherwise agreed in writing by all parties or the arbitral tribunal determines otherwise.
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Mimoso, Maria Joao. "The myth of absence of lex fori towards the international arbitrator". New Trends and Issues Proceedings on Humanities and Social Sciences 3, nr 4 (22.03.2017): 241–48. http://dx.doi.org/10.18844/prosoc.v3i4.1578.
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The national and foreign doctrines uphold the absence of lex fori for the international arbitrator since the origin of the international arbitration. Our goal is to emphasize the demand of electing a lex fori for the international arbitrator for as much there is a collection of issues concerning the intervention of the State Courts in the role of arbitration support. The lex fori, that is supposed to inquire, will assist the arbitrator in determining the applicable law to the dignity of the dispute, and will regulate, undoubtedly, the litigation issues of arbitration. Based on the predominately upheld position in the doctrine, we will provide evidence to the specific limitations of the most aimed efficacy of the arbitration decisions. We will demonstrate through the jurisprudential (arbitration) analysis the necessity of appealing to the State Courts, excelling their contribution for the arbitration success. For the international arbitrator, the focus of the arbitration in the quality of lex fori comes up as important. We will draft its potential regulation capacities while cohesive juridical system, mainly in the dissension subsystem, the principles and proceeding rules, without forgetting the legitimacy to apply other transnational system rules To deny the existence of a lex fori to the international arbitrator is a redundancy, for, beyond the arbitrator having a lordship, the arbitration court also has a lex fori.Keywords: arbitration; arbitrator; international; lex fori
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Reilly, Louise. "Harmonisation of Irish Arbitration Law: Arbitration Act 2010". Journal of International Arbitration 28, Issue 2 (1.04.2011): 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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Muganga Didas, Kayihura, John Mwemezi Rutta i Claire Umwali Munyentwari. "Striking a Balance Between Assistance and Interventionism: The Role of Courts in Rwanda-Seated Arbitrations". Journal of International Arbitration 37, Issue 1 (1.03.2020): 143–58. http://dx.doi.org/10.54648/joia2020006.
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The African Arbitration Association was established in 2018 and its headquarters is in Kigali, Rwanda. This choice of location signals that Rwanda has made meaningful strides in improving its arbitration environment, at least in the opinion of African states. Many questions will arise as to whether Rwanda-seated arbitrations do indeed rest in a legally friendly environment, and receive optimum support of courts which act to foster the efficiency and effectiveness of arbitrations. The interplay between courts and arbitral tribunals in dealing with Rwanda-seated arbitrations is the subject of this article. Party autonomy, which broadly underscores the freedom of the parties to decide how their disputes should be resolved, is one of the most important principles in arbitration. This principle naturally translates to the autonomy of the arbitral process and notably the freedom of this process from undue judicial interference. While courts are indispensable in the success equation of the arbitral process, too much judicial intervention in matters of arbitration may have serious repercussions on the efficiency of arbitration. This article examines the autonomy of the arbitral process under the law and practice of arbitration in Rwanda. In doing so, the article discusses different practices in the leading places of arbitration on the interplay between courts and arbitral tribunals in dealing with matters of arbitration and compares these with the corresponding law and practice governing Rwanda-seated arbitrations. It concludes that, with the pro-arbitration stance often demonstrated by the courts in Rwanda and their sparing involvement in the arbitral process, the arbitration environment is as friendly as it is in most other states that are signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 1958). Rwanda-Seated Arbitrations, Mandatory Provisions, Party Autonomy, Jurisdictional Challenges, Kompetenz-Kompetenz, Negative Effect of Kompetenz-Kompetenz, Manifestly Void, Stay of Court Proceedings, Judicial Non-Interference, Pro-Arbitration Stance, One-Stop Adjudication
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Peter, Adolf. "Procedural Considerations In Cietac Arbitrations Seated In Vienna". Asian International Arbitration Journal 17, Issue 1 (1.05.2021): 41–78. http://dx.doi.org/10.54648/aiaj2021003.
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This article analyses some of the most important legal implications of international arbitrations seated in Vienna and administered by the newly established European Arbitration Centre of the China International Economic and Trade Arbitration Commission (CIETAC). First, the article focuses on consolidations, joinders and multiple contracts, particularly in the context of supply chains involving multiple parties. The article demonstrates that the CIETAC Rules offer a more effective approach for consolidations, and the Vienna Rules vest the arbitral tribunal with a broader discretionary power for granting a joinder. Second, the article addresses arbitration agreements involving a consumer. If the seat of an arbitration is in Austria, strict legal requirements have to be fulfilled regarding the conclusion of arbitration agreements with consumers. Third, the article covers interim and conservatory measures by comparing the CIETAC Rules with the Vienna Rules and introduces possible solutions for the CIETAC European Arbitration Centre to submit an application for interim or conservative measures to the competent Chinese courts. Fourth, the article discusses the requirement of foreign (non-Chinese) elements in contracts to be able to select non-Chinese arbitration institutions and non- Chinese substantive law. Are foreign funded enterprises (seated in Mainland China) allowed to agree on a Vienna-seated arbitration administered by the CIETAC European Arbitration Centre? consolidations, joinders, supply chains, CIETAC European Arbitration Centre, interim measures in China, foreign-related arbitrations, arbitration agreementswith consumers, CIETAC arbitrations seated in Vienna.
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Chevalier, Maxime. "Enforcement of Emergency Arbitrator Decisions: Dream or Reality? The French Perspective". Journal of International Arbitration 38, Issue 6 (1.11.2021): 835–56. http://dx.doi.org/10.54648/joia2021038.
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Emergency arbitration is a recent and significant development in the field of international arbitration. The enforcement of emergency arbitrator decisions is necessary to ensure the full efficiency of the mechanism. This subject is of great interest because the recourse by arbitration users to emergency arbitration for the issuance of interim measures is usually impacted by enforcement concerns. Thus, it is necessary to provide potential emergency arbitration users with an answer with regard to the possible enforcement of emergency arbitration awarded interim measures. This article aims to show that, contrary to popular belief, the enforcement of emergency arbitrator interim measures would be feasible in France. We will demonstrate that the emergency arbitrator should enjoy a similar status as an arbitral tribunal. Even if there exist no mechanisms for the enforcement of arbitral orders in France, interim measures could be enforced as arbitral awards. Indeed, emergency arbitrator decisions might be considered as being final and, thus, qualify as an award subject to exequatur procedure. Moreover, we will suggest providing emergency arbitration users with an alternative enforcement mechanism which consists of indirectly enforcing the emergency arbitrator decision on the grounds of breach of contract through référé emergency proceedings. Emergency arbitration, Emergency arbitrator, France, Interim measures, Order, Enforcement, Emergency award, SNPC v. Total Fina, Otor v. Carlyl, Référé
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Jhanwar, Soumil. "Multi-Contract Arbitrations and Single Commercial Transactions: A Fresh Method of Analysis". Asian International Arbitration Journal 19, Issue 1 (1.05.2023): 9–62. http://dx.doi.org/10.54648/aiaj2023002.
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It is well known that the commercial transactions in today’s world are excessively complex, involving multiple stakeholders and multiple contracts, all of which work towards a singular unified aim. This article discusses how the complexity of commercial transactions has led to the proliferation of the permissibility of multi-contract arbitrations in jurisdictions across the globe. However, analysis of the cases across jurisdictions reveals that there is neither a uniform nor a logical method used by courts/tribunals across the world for assessment of the permissibility of multi-contract arbitrations. This article proposes a novel method for assessment of the permissibility of multi-contract arbitrations in such complex commercial scenarios, which is coined as the ‘fragmented consent framework’. This framework breaks down the concept of ‘consent’ in arbitration into four separate elements, namely ‘consent to the dispute’, ‘consent to the tribunal’, ‘consent to the procedure’ and ‘consent to the opposite/other arbitrating parties’. The articles postulates that while the first three elements of consent are essential, the last element ought not to be considered necessary while determining whether a multi-contract arbitration is permissible in a given scenario. The article concludes by demonstrating how the fragmented consent framework isan ideal method for dealing with multi-contract arbitration requests, and ought to be uniformly used by courts/tribunals across jurisdictions. Joinder, Consolidation, Multi-contract, Consent, Multi-party
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Jajan, Abdulrazzaq, i Saud Alfaleh. "The Impact of Isolating the Arbitrator in Institutional Arbitration". International Journal for Scientific Research 5, nr 3 (31.05.2024): 419–34. http://dx.doi.org/10.59992/ijsr.2024.v3n5p16.
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The aim of this research is to highlight the topic of arbitral proceedings after the removal of the arbitrator in institutional arbitration, a comparative study in the Islamic Shariah and the Saudi regime, since one of the objectives of the Arbitration Act is to study topics relating to arbitration rules and regimes; as a modern system for the adjudication of disputes of all kinds, a system that has begun to spread throughout the world until it comes close to the judicial system as an integral point in the adjudication of disputes. Since the removal of the arbitrator had implications for aspects of arbitration, such as its effect on arbitral proceedings, the present study included two authors: the first examiner examined the consequences of the ruling on the removal of the arbitrator in institutional arbitration, the effects on the powers of the arbitrator after its termination, the extent of the effect of its removal on the award agreement, and the second examiner considered the outcome of the arbitral proceedings after the exclusion of the arbitrator, highlighted the consequences attached to the removal of the arbitrator in accordance with the rules of the Saudi Centre for Arbitration, and clarified the returns to the arbitral proceedings after the arbitrator had been removed from arbitration. The study reached several conclusions, including that the Saudi Centre for Commercial Arbitration rules were compatible with Islamic law and did not oppose the arbitration regime in the removal of the arbitrator, that the arbitral proceedings were related to the arbitrator in existence and non-existence, and that the Arbitration Convention was not affected by the removal of the arbitrator, and that the arbitral proceedings were affected by the removal of the arbitrator in many respects, such as the judgement, and the duration of the case. It is therefore recommended that the competent Saudi judiciary be granted more extensive powers to supervise the arbitral process, where it has adopted the Saudi arbitration system. The study reached several results, including: that the rules of the Saudi Arbitration Center are compatible with Islamic Sharia and do not oppose the system of dismissal of the arbitrator, and that there is no tendency towards slaves of the arbitrator, and it proved that the choice is not affected by the removal of the arbitrator, and the trend is directed towards further from the arbitrator from points a lot; Such as the ruling and the duration of the case. The brief Saudi judiciary is recommended more than the authorities because it allows for supervision of the method heading as it contains the Saudi system.
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Voronov, Kyrylo. "Peculiarities of competence and arbitration proceeding in the grain trade". 33, nr 33 (28.06.2022): 70–76. http://dx.doi.org/10.26565/2075-1834-2022-33-07.
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Introduction. The article is devoted to the study of the functioning and peculiarities of proceedings in international commercial arbitration, specializing in trade in grain and oil crops. The article examines the features of arbitration proceedings that are characteristic of GAFTA arbitration. Summary of the main research results. The article is devoted to the study of the functioning and peculiarities of proceedings in international commercial arbitration, specializing in trade in grain and oil crops. The article examines the features of arbitration proceedings that are characteristic of GAFTA arbitration. The key differences of grain arbitration are established, namely: the specific qualification of GAFTA arbitrators in the field of trade in grain and oil crops, which distinguishes this arbitration institution from other permanent arbitration institutions; unique for arbitration proceedings is the presence of an appeal proceeding, which is also organized by the arbitration institution and gives the parties the opportunity to appeal the arbitration decision of the first instance; arbitrators reviewing first-instance decisions are not bound by the decision of the first-instance tribunal and have the opportunity to review the case with the addition of a new evidence base; availability of standard and simplified arbitration procedures, which effectively affects the time and financial resources of the parties to arbitration proceedings; the presence of a simplified procedure, which makes it impossible to appeal the arbitration decision, leaves only one arbitrator and significantly speeds up the arbitration of the case, standard for arbitration procedures, a high level of confidentiality of the proceedings, which can be especially important, taking into account the specifics of the grain trade market; features related to payment of arbitrators' work and payment of arbitration fees, depending on the parties' membership in GAFTA; the use of English law in arbitration, which in most cases is more applicable precisely for similar commercial disputes; arbitration proceedings in GAFTA in most cases take place without an oral hearing, only on the basis of written documents, which significantly speeds up the proceedings; parties can significantly reduce arbitration costs in GAFTA arbitration if they are members of the association, as in this case mandatory payments are significantly reduced; GAFTA arbitration effectively changed its working format during the coronavirus pandemic and moved to electronic document flow and electronic awards using electronic digital signatures and seals. Conclusions. The article establishes that specialized international commercial arbitrations on grain trade are an effective way of resolving commercial disputes complicated by a foreign element, taking into account the qualifications of arbitrators and the special arbitration procedure.
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Banerjee, Arpan, i Ashwin Murthy. "Rand Investments v. Republic of Serbia: Transparency and the Limits of Consent". Journal of International Arbitration 38, Issue 1 (1.01.2021): 105–22. http://dx.doi.org/10.54648/joia2021006.
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International investment law has consistently grappled with the issue of transparency. While the need for increased transparency in the practice of investment tribunals is generally recognized in principle, in practice the application of transparency norms often raises contentious issues. One common issue is the appropriateness of transparent proceedings where the Bilateral Investment Treaty (BIT) governing the dispute is silent on the matter. A further, more vexed question arises when claimants proceed under multiple BITs with disparate transparency obligations. This situation arose in Rand Investments v. Republic of Serbia, where the claimants instituted an arbitration under both the Canada-Serbia and the Cyprus- Serbia BITs. Noting that the Cyprus-Serbia BIT was silent on the question of transparency, the Majority held that the transparency provisions of the Canada-Serbia BIT could be applied to the entire arbitration on grounds of procedural efficiency. However, the respondent’s arbitrator dissented, finding that the Majority’s approach violated Serbia’s consent and sovereignty. Upon examining the dichotomous approaches adopted by the Majority and the Dissenting Arbitrator, this case comment offers an insight into the potential implications of the case on future investment arbitrations involving multiple BITs with disparate transparency obligations. investment arbitration, dissenting opinion, transparency, Lotus principle, Effet Utile, procedural efficiency, Eurogas v Slovakia, duty of arbitrator, state consent, residual powers of the tribunal, confidentiality.
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Chung, Yongkyun, i Hong-Youl Ha. "Arbitrator acceptability in international commercial arbitration". International Journal of Conflict Management 27, nr 3 (11.07.2016): 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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Vest, Michael J., Fabius P. O'Brien i Jusanne Meltzer Vest. "Explaining Rights Arbitrator Willingness to Accept Public Sector Interest Arbitration Cases". Public Personnel Management 19, nr 3 (wrzesień 1990): 331–44. http://dx.doi.org/10.1177/009102609001900309.
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A model is proposed to explain rights arbitrator willingness to accept interest arbitration cases. Findings suggest that rights arbitrators are more likely to accept interest arbitration cases if they are younger, they are not a NAA member, they have strong beliefs in their ability to render interest arbitration decisions, and they have more experience handling interest arbitration cases. The proposed model accounted for just under half the variance (Adjusted R2 = 0.48) in rights arbitrator willingness to accept interest arbitration cases. Study limitations and suggestions for future research are discussed.
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Omran, Amr. "The Appearance of Foreign Counsel in International Arbitration: The Case of Egypt". Journal of International Arbitration 34, Issue 5 (1.10.2017): 901–20. http://dx.doi.org/10.54648/joia2017041.
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The ability of arbitrating parties to select their representatives in international arbitration is an extension of the principle of party autonomy. In Egypt, some uncertainty has existed as to the ability of the parties to appoint non-lawyers and foreign counsel as their representatives in arbitral proceedings. The Egyptian Legal Profession Law restricts the right to appear before arbitral tribunals to members of the Egyptian bar, who must be Egyptian nationals. Recent decisions by the Cairo Court of Appeal and the Egyptian Court of Cassation go some way in amending this position, holding that foreign lawyers can represent parties in arbitrations conducted in Egypt, subject to the parties’ agreement. However, unless the Legal Profession Law and the Arbitration Law are amended, uncertainty will remain.
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Osadchiy, Maxim, Lord Goldsmith Qc i Natalie Reid. "State Courts’ Attitude to Arbitrator Challenge Applications: Rich Tapestry of Arbitrator Bias Standards". BCDR International Arbitration Review 6, Issue 1 (1.06.2019): 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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Nater-Bass, Gabrielle. "Class Action Arbitration: A New Challenge?" ASA Bulletin 27, Issue 4 (1.12.2009): 671–90. http://dx.doi.org/10.54648/asab2009063.
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With the increasing use of arbitration clauses in standardized mass contracts, questions have arisen regarding the admissibility and applicability of the class action to the field of arbitration. The US appears to have now given «class action arbitrations» the green light. Class actions, therefore, are no longer limited to state court litigations in the US, but are now regularly seen in arbitration proceedings as well. Since the beginning of 2000, many European countries have also started to adopt new legislation regarding class, mass and group action litigation. Thus, Europe can no longer be perceived to be entirely opposed to class or mass action litigation in principle. It could therefore be only a matter of time, before first class action arbitrations are also initiated in Europe. The article seeks to shed some light on various questions arising from the combination of class actions and arbitration. In particular, after analyzing the background of class action litigation in the US, the challenges associated with class action arbitrations are described and the main obstacles to European class action arbitrations discussed. Finally, some thoughts regarding how Europe can prepare itself for class action arbitration are provided.
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Gjorgjioska, Emilija, Zorica Stoileva i Dijana Gorgieva. "INTERIM MEASURES IN ARBITRATION". Knowledge International Journal 28, nr 6 (10.12.2018): 2155–60. http://dx.doi.org/10.35120/kij28062155e.
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In the arbitration, just like in civil litigation, it may be necessary before the final merit award is rendered by the arbitral tribunal, the relations between the parties to be temporarily settled. The need for ordering interim measures before or during an arbitration may arise in order to create conditions for maintaining the existing situation untilthe arbitration settlement of the dispute, facilitating the enforcement of the potential condemnatory arbitration award or faster conduct of the arbitration.Due to these advantages of the interimmeasures, the problem of interim measures in the modern arbitration process theory and practice gets more and more important. In the context of this, the questions arise what types of interim measures and under what conditions can be ordered in the arbitration?Who has the authority to order inerim measures: the state court or arbitrator of the arbitration tribunal or arbitrator for emergencies, and etc. Regarding the types of interim measures that can be ordered before or during the arbitration, there are: conservation, temporary, procedural-facilitating, record-keeping and execution-enforcement measures. The conditions for ordering each of these measures are specific and depend on the purpose and function of the interim measure itself. Regarding the dilemma who is auhtorized to order interim measures in the arbitration, it must be emphasized that the older arbitration theory and practice that has been created around state protectionist legal politics accepts the position that only the state court can order inerim measures while the contemporary arbitration theory and practice proves that the arbitrator of the arbitration court (more often) or an emergency arbitrator (less often) should order the imerim measures in the arbitration. It is precisely because of these problems and dilemmas that still baffle the science of the arbitration procedural law the subject of this paper will be the legal regulation of the subject matter of the interim measures in the Macedonian arbitration legislation. For this purpose, an analysis will be made of the positive legal provisions of the Law on Litigation Procedure of the Republic of Macedonia which regulates the domestic arbitration, the Law on International Commercial Arbitration of the Republic of Macedonia, which regulates the international arbitration and the Rules of The Permanent court of Arbitration attached to the Economic Chamber of Republic of Macedonia that apply to resolve arbitration disputes with and without a foreign element and will be analyzed whether they regulate and to what extent they regulate the issue of ordering of inrim measures in the arbitration. This will be done in order to conclude whether there is a need for amendments of the Macedonian Arbitration Legislation in order for the Macedonian arbitration procedural right to be in line with the modern arbitration tendencies for ordering interim measures in the arbitration, primarily the UNCITRAL Model Law.
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Thuan, Huynh Quang. "Emergency Arbitrator – An Efficient Mechanism for Commercial Arbitration Development?" Vietnamese Journal of Legal Sciences 5, nr 2 (1.12.2021): 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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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, nr 1 (20.10.2022): 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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hyun, nakhee. "hearing in the court's arbitrator selection trial". Korea Association of the Law of Civil Procedure 27, nr 2 (30.06.2023): 329–69. http://dx.doi.org/10.30639/cp.2023.6.27.2.329.
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Could parties raise challenges to the existence or validity of the arbitration agreement in response to the application for judicial appointment of an arbitrator? It is an important and controversial issue and national authorities have taken different approaches.
In 2020Gue633 case, according the Article 12 of the Korean Arbitration Act a party requested the court to appoint an arbitrator and the other party objected on the ground that she is not a party to the arbitration agreement. More specifically, she argued that she is not the carrier who issued the bill of lading, and therefore she is not bound by the arbitration clause in the Charter Party, which is incorporated in the bill of lading. The Supreme Court of Korea dismissed the special appeal on the lower court’s decision appointing the arbitrator, and set out a standard on what can be considered by a court requested to appoint an arbitrator. The Supreme Court has taken a limited scrutiny approach, and has ruled that court should only consider procedural issues, i.e. the written requirement of arbitration agreement or the existence of deadlock situation, and appoint an arbitrator if those are fulfilled, but should not look into substantive issues such as the existence or validity of the arbitration agreement.
The limited approach the Supreme Court has taken in that case is coherent with the purpose of arbitration as well as the concept of Competence-Competence. However, the specific method it chose as a part of the limited approach could be somewhat unclear to lower courts or problematic in arbitration practice. Instead of restricting what issues can be considered, many other jurisdictions have rather limited the extent of scrutiny by ruling that courts could conduct only a prima facie review of the arbitration agreement. This will be a more flexible and practical solution, given that there can be various arguments which can be brought in relation to the arbitration agreement. It is also helpful in terms of minimizing the effect of the decision appointing the arbitrator to the future cases challenging the arbitral jurisdiction.
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Ciatto, S., D. Ambrogetti, G. Risso, S. Catarzi, D. Morrone, P. Mantellini i M. Rosselli Del Turco. "The role of arbitration of discordant reports at double reading of screening mammograms". Journal of Medical Screening 12, nr 3 (1.09.2005): 125–27. http://dx.doi.org/10.1258/0969141054855337.
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Objective: To asses the effectiveness of arbitration of discordant double readings in mammography screening. Design: A retrospective study of 1217 consecutive arbitrations. Setting: A subset of discordant double readings from the Florence screening programme underwent arbitration by a third reader. Results: Positive arbitration of 1217 discordant double readings prompted assessment in 476 cases (39.2%), detecting 30 cancers (6.3%). Of 741 negative arbitrations (60.8%), 311 have been followed up thus far, and two cancers (0.64%) occurred in the site previously suspected at one of the two independent readings. Arbitration had a sensitivity of 86.3% and a negative predictive value of 99.3%. Arbitration reduced the overall referral rates from 3.82% to 2.59% (relative decrease 32.1%). Due to false-negative arbitration, cancers detected per 1000 women screened would decrease from 4.58 to 4.50 (relative decrease 1.7%). For every cancer missed due to false-negative arbitration, 151 unnecessary recalls and €21,248 would have been saved, whereas the saved cost per screened woman due to arbitration was €1.72. Discussion: Arbitration of discordant double reading would substantially reduce referral rates with a limited reduction in cancer detection rate, and may be recommended as a routine procedure. Greater benefit from arbitration might be expected in the presence of high referral rates at independent double reading, a common scenario in a newly implemented service screening.
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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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de Menezes, Caio Campello. "CIETAC e Suas Novas Regras de 2012". Revista Brasileira de Arbitragem 9, Issue 34 (1.06.2012): 7–16. http://dx.doi.org/10.54648/rba2012019.
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ABSTRACT: The China International Economic and Trade Arbitration Commission -- CIETAC arbitration rules have been recently reviewed. The new edition came into force on May 1st 2012. The arbitration rules were under review since 2005 and they became more "international". Among the changes that were implemented, some should be highlighted, such as (i) CIETAC may now administrate arbitrations not governed by their own arbitration rules; (ii) the seat of arbitration may be freely chosen by the parties and no longer the People's Republic of China shall be the mandatory seat of arbitration; and (iii) the arbitrators have their powers extended in order to grant interim measures under the laws governing the arbitration.
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Risvas, Michail. "INTERNATIONAL LAW AS THE BASIS FOR EXTENDING ARBITRATION AGREEMENTS CONCLUDED BY STATES OR STATE ENTITIES TO NON-SIGNATORIES". International and Comparative Law Quarterly 71, nr 1 (styczeń 2022): 183–209. http://dx.doi.org/10.1017/s0020589321000476.
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AbstractThis article explores the role of international law in relation to the extension of arbitration agreements contained in contracts concluded by States (or State entities) with non-signatory State entities (or States). As contract-based arbitrations involving States or State entities are on the rise, identifying the legal framework governing which parties are covered by the relevant arbitration agreements is of practical importance. The analysis demonstrates that international law forms part of the relevant law, alongside other applicable laws including law of contract, law of the seat and transnational law, concerning the extension of arbitration agreements concluded by States or State entities to non-signatories. Previous analyses have neglected the role of international law by not distinguishing contract-based arbitrations involving private parties from contract-based arbitrations involving States or State entities. Public international law recognises that arbitration agreements can be extended to non-signatories on the basis of implied consent, or abuse of separate legal personality and estoppel. Therefore, foreign investors can rely on international law to extend arbitration agreements to non-signatories in arbitrations conducted under investment contracts concluded by States or State entities, even if the relevant domestic law is agnostic or hostile to this. This has significant legal, and practical, importance.
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Tubishat, Bassam Mustafa, i Khaldon Fawzi Qandah. "The Role of Emergency Arbitrator in Commercial Arbitration (Comparative Study)". Journal of Politics and Law 11, nr 4 (30.11.2018): 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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Ruckteschler, Dorothee, i Anika Wendelstein. "Efficient Arb-Med-Arb Proceedings: Should the Arbitrator also be the Mediator?" Journal of International Arbitration 38, Issue 6 (1.11.2021): 761–74. http://dx.doi.org/10.54648/joia2021035.
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The demand for hybrid proceedings combining elements of arbitration proceedings and mediation is growing continuously. The reason for this is the parties’ desire to make dispute resolution more efficient. A special type of hybrid proceedings are ‘arb-med-arb’ proceedings. These proceedings involve first initiating traditional arbitration proceedings. Before the taking of evidence begins, an attempt is then made to settle the dispute outside the arbitration proceedings in a separate mediation procedure. If the mediation fails, the arbitration proceedings are recommenced, and an arbitral award is issued. In the majority of arb-med-arb proceedings, a third party not involved in the arbitration proceedings is appointed as mediator. However, sometimes the parties ask the sole arbitrator or a member of the arbitral tribunal to act as mediator. This identity of the mediator and the (former and later) arbitrator raises many difficult questions, in particular, when the mediation fails. This article first analyses the pertinent most important regulations worldwide in arbitration and mediation laws, institutional arbitration, and mediation rules, and in soft law. Based on the results of this analysis, the authors develop some practical recommendations for the stakeholders in arb-med-arb proceedings. Arb-med-arb, Arbitrator, Mediator, Hybrid proceedings, Arbitration, Mediation, Same neutral, Declaration of consent, Ex parte communication, Caucusing
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Mason, Paul Eric. "New Keys to Arbitration in Latin-America". Journal of International Arbitration 25, Issue 1 (1.02.2008): 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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Whalen, Thomas J. "Arbitration of International Cargo Claims". Air and Space Law 34, Issue 6 (1.11.2009): 417–20. http://dx.doi.org/10.54648/aila2009038.
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Airlines have customarily not provided for arbitration in their cargo contracts of carriage (air waybill). The author explains the advantages of the arbitration of such claims (reducing legal costs, simplified procedure, relaxed evidence rules, an arbitrator knowledgeable about the Warsaw and Montreal Conventions and the industry, finality) and its disadvantages (significant arbitrator fees, limited appeal ability, no precedential value for future guidance.) The author argues that, overall, the arbitration of international air cargo claims before a single knowledgeable arbitrator will benefit all concerned (carriers and shippers) with significant cost savings. An enforceable arbitration provision can be included in a carrier’s conditions of carriage, incorporated by reference into the International Air Transport Association (IATA) Standard Air Waybill (Conditions of Contract). The author recommends arbitration for all air cargo claims, large and small, as beneficial to carriers and shippers.
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Alonso, Pablo Agustín. "Impartiality and Independence of Arbitrators in International Arbitration: Issue Conflicts as Grounds for Disqualification with Special Regard to ICSID Arbitrations". Max Planck Yearbook of United Nations Law Online 20, nr 1 (29.08.2017): 535–601. http://dx.doi.org/10.1163/13894633_02001016.
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The grounds for disqualification of arbitrators provided by most arbitration rules refer to the relationships of arbitrators with the parties or the subject matter of the dispute – i.e., issue conflicts. However, some of those rules used to be vague or unclear, which resulted in incomplete arbitrators’ disclosures, unfunded challenge requests and awards that lacked homogeneity. Following a case-study research method, the paper focuses on the ICSID investor-State dispute settlement mechanism. It analyses and compares the ICSID Convention and Arbitration Rules, the UNCITRAL Arbitration Rules and the IBA Guidelines on Conflicts of Interest in light of challenge awards. The paper stresses the relevance of arbitrators’ disclosure duty and the importance of clearly defining the scope and content of ‘impartiality’ and ‘independence’ as a guidance for parties and deciding authorities when raising or deciding upon a challenge request. In particular, the study aims to show how international investment arbitrations deal with issue conflicts as grounds for disqualification, by analyzing their main causes: multiple appointments of arbitrators, similar legal issues to be decided and permission to serve both as counsel and arbitrator.
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Greenwood, Lucy. "The Canary Is Dead: Arbitration and Climate Change". Journal of International Arbitration 38, Issue 3 (1.06.2021): 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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Vesel, Scott. "Will the Future See More Investment Arbitrations Taking Place in the Middle East?" BCDR International Arbitration Review 3, Issue 2 (1.12.2016): 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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Bloch, Christopher, i Anthony Cheah Nicholls. "ICC Hybrid Arbitrations Here to Stay: Singapore Courts Treatment of the ICC Rules Revisions in Articles 1(2) and 6(2)". Journal of International Arbitration 31, Issue 3 (1.06.2014): 393–412. http://dx.doi.org/10.54648/joia2014016.
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This article examines the recent case of HKL Group Co. Ltd. v. Rizq International Holdings Pte. Ltd., where the Singapore High Court refused to enforce the ICC's 2012 revisions to Articles 1(2) and 6(2) of its Arbitration Rules. These revisions ban so-called 'hybrid arbitrations' and mandate ICC administration for every arbitration that is conducted under the ICC Rules 2012. Singapore was the first jurisdiction that refused to enforce these provisions in favour of party autonomy in 'hybrid arbitrations'. Other pro-arbitration jurisdictions may follow suit once cases arise challenging this mandate.
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Loken, Keith. "Uncitral Rules on Transparency in Treaty-Based Investor-State Arbitration". International Legal Materials 52, nr 6 (grudzień 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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Harris, Peter. "Growing New Wings: The Rise Of International Arbitration In Japan". Asian International Arbitration Journal 17, Issue 1 (1.05.2021): 29–40. http://dx.doi.org/10.54648/aiaj2021002.
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This article considers the growing trend for Japanese entities to select international arbitration as the primary means for resolving international business disputes. In particular, this paper focuses on the following four factors which it identifies as being significant drivers behind this trend: (1) increasing maturity of Japanese parties in terms of their arbitration experience; (2) a growth in awareness of arbitration associated the rapid expansion of Japan’s investment treaty programme; (3) the establishment of a locally based arbitration talent pool, and (4) improvements in the domestic legal, educational and physical infrastructure for arbitrations seated in Japan. Japan, international arbitration, investment treaty arbitration, market growth, legal infrastructure, statistics.
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Drahozal, Christopher. "Arbitration Costs and Forum Accessibility: Empirical Evidence". University of Michigan Journal of Law Reform, nr 41.4 (2008): 813. http://dx.doi.org/10.36646/mjlr.41.4.arbitration.
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In this Article, written for this symposium issue on "Empirical Studies of Mandatory Arbitration," I examine the available empirical evidence on these two questions. I take "mandatory arbitration" to refer to pre-dispute arbitration clauses in consumer and employment (and maybe franchise) contracts. Accordingly, I limit my consideration of the empirical evidence to those types of contracts. I do not discuss empirical studies of international arbitrations, which almost always arise out of agreements between commercial entities. Nor do I discuss empirical studies of court-annexed arbitrations, which may not derive from party agreement and do not ordinarily proceed to a binding award.
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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 (1.05.2015): 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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Kun, Fan. "Prospects of Foreign Arbitration Institutions Administering Arbitration in China". Journal of International Arbitration 28, Issue 4 (1.08.2011): 343–53. http://dx.doi.org/10.54648/joia2011028.
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There has been much concern recently as to whether foreign arbitration institutions may administer arbitrations with the seat in mainland China. This article makes a legal analysis of the potential problems arising in this matter, demonstrates the judicial attitudes towards enforcing awards rendered in mainland China but administered by foreign arbitration institutions, and further analyzes the legal obstacles in the enforcement of such awards.
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Seyadi, Reyadh Mohamed. "Intellectual Composition of Arbitral Tribunals According to the New Saudi Arbitration Law". Arab Law Quarterly 33, nr 1 (12.12.2019): 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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Pé, Robert S. "Two Steps Forward, One Step ... Sideways — Recent Developments in Arbitration in China". Journal of International Arbitration 25, Issue 3 (1.06.2008): 407–14. http://dx.doi.org/10.54648/joia2008029.
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During the last two decades, the number of arbitrations in Mainland China, including arbitrations involving foreign entities investing in the Mainland, has increased dramatically. The growth continued in 2007 when CIETAC administered 1118 cases (up from 981 in 2006). The number of arbitrations administered by the Hong Kong International Arbitration Centre also continues to grow and many of those arbitrations arise from transactions in the Mainland. This article discusses some significant developments for arbitration in the Mainland, including an extension of the limitation period for enforcement of arbitral awards and a new arrangement between Macau and the Mainland for the mutual recognition and enforcement of arbitral awards. This article also considers the broader implications of these developments and what is behind them. There were several developments in arbitration in China in late 2007 and there will be others in early 2008. This article considers a few of the most significant.
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Fröhlingsdorf, Josef. "La Reforma Parcial de la Ley Española del Arbitraje". Revista Brasileira de Arbitragem 8, Issue 30 (1.04.2011): 93–102. http://dx.doi.org/10.54648/rba2011021.
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ABSTRACT: With the reform of the current arbitration act, Spain tries to unify the criteria of the case law in all kind of questions related to arbitration, concentrating the competence in the High Courts of the Autonomous Regions, remaining the first instance courts the only competent for the enforcement of arbitral awards. The corporate arbitration for the solution of disputes in the so called "sociedades de capital" and with its shareholders is expressively ruled. It is no longer necessary that in arbitration proceedings according to law, the arbitrator is a lawyer admitted to a bar, being sufficient to be jurist. The previous activity as mediator is not compatible with the arbitrator. The arbitral award always need to have a motivation, not being possible another agreement between the parties. In case of an institutional arbitration procedure, the institution has to procure for the capacity and the independency of the arbitrator, who also has to contract an insurance police. The non-compliance with the six months period for rendering the award, which is maintained, does not affect neither the validity of the arbitration clause nor the award. In case of an insolvency procedure, in principle the arbitration commitment is maintained. Finally, the law provides for a mechanism for the resolution of disputes between the General Administration of the State and its different entities.