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Статті в журналах з теми "Arbitration Seat"
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de Menezes, Caio Campello. "CIETAC e Suas Novas Regras de 2012." Revista Brasileira de Arbitragem 9, Issue 34 (June 1, 2012): 7–16. http://dx.doi.org/10.54648/rba2012019.
Повний текст джерелаАнотація:
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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Wilson, David. "The Resurgence of Scotland as a Force in International Arbitration: The Arbitration (Scotland) Act 2010." Journal of International Arbitration 27, Issue 6 (December 1, 2010): 679–87. http://dx.doi.org/10.54648/joia2010038.
Повний текст джерелаАнотація:
The Arbitration (Scotland) Act 2010 has introduced significant and welcome changes to the law and practice of arbitration in Scotland, sweeping away centuries of inconsistency and uncertainty. Following the much-needed and long-awaited codification of the old common law, will Scotland’s popularity improve as a cost-effective and efficient seat for arbitration on the international stage? This article details the history of arbitration in Scotland and explains how the provisions of the 2010 Act will rectify the unsatisfactory system of arbitration that it is overruling. Although it remains to be seen to what extent the 2010 Act will affect Scotland’s reputation as a credible seat for international arbitrations, both Scots lawyers and non-lawyers alike are optimistic that the impact will be positive.
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Rodovalho, Thiago, and Leandro Tripodi. "Sede da Arbitragem e Regulamento da Instituição Arbitral: uma Relação de Autonomia." Revista Brasileira de Arbitragem 12, Issue 46 (May 1, 2015): 48–55. http://dx.doi.org/10.54648/rba2015022.
Повний текст джерелаАнотація:
ABSTRACT: This study aims to analyze the relevance of the seat of arbitration, especially in international arbitration, seeking more that arbitration-friendly headquarters, but also it is a neutral seat for the parties and neutral in relation with the dispute (neutrality of the seat) and the relation between the seat of the arbitration and the seat of the arbitration institution, in particular, the relationship between the regulation of the Arbitration Chambers and the arbitration acts, discussing the need for more flexibility.
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Kun, Fan. "Prospects of Foreign Arbitration Institutions Administering Arbitration in China." Journal of International Arbitration 28, Issue 4 (August 1, 2011): 343–53. http://dx.doi.org/10.54648/joia2011028.
Повний текст джерелаАнотація:
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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Gastorn, Kennedy. "International Arbitration on Investment Disputes in Natural Wealth and Resources Sector in Tanzania." Eastern Africa Law Review 47, no. 2 (December 31, 2020): 1–37. http://dx.doi.org/10.56279/ealr.v47i2.1.
Повний текст джерелаАнотація:
This article analyses rules relating to international arbitration in natural wealth and resources sector under the newly enacted Arbitration Act of 2020 of Tanzania. The Act is enacted to facilitate amicable settlement of disputes outside the court system as well as enforceability of arbitration agreements. In a broader framework, the Act responds to the challenges faced by Tanzania in managing and addressing many issues emerging in arbitration cases especially investor-state arbitration. Such reforms are not uniquely Tanzanian but form part of the larger emerging reforms in investment regime in key strategic economic sectors in most of the developing world. This is reflected within the ongoing UN Commission on International Trade Law (UNCITRAL) working group on reforming the investor-state dispute settlement system. Under the new law, all disputes involving natural resources can only be arbitrated in Tanzania, as a seat of arbitration, whether under the auspices of the bodies established in Tanzania or otherwise. Likewise, all disputes arising from extraction, exploitation or acquisition and use of natural wealth and resources can only be adjudicated in accordance with the laws of Tanzania. To this end, the Act complements similar relevant provisions under the Natural Wealth and Resources (Permanent Sovereignty) Act and the Natural Wealth and the Resources Contracts (Review and ReNegotiation of Unconscionable Terms) Act of 2017. The Arbitration Act 2020 is aimed at creating a viable regime which will encourage alternative dispute resolution and establish a conducive framework for the enforcement of arbitral award. This paper analyses the Arbitration Act 2020 whether it complies with the best international practices in arbitration regime. It also argues that limiting seat of arbitration and the governing law of international arbitrations on disputes in natural wealth and resources sector are significant reforms to the existing investments landscape in the sector in Tanzania. They form a part of the larger picture of emerging reforms in investment regime in key strategic economic sectors in most of the developing world. As a capital importing state, Tanzania, like other developing nations, seek to avoid the perceived frustrations of international arbitrations to obtain a fair deal on investment agreements on her natural resources through an effective arbitration regime and foreign investments. Indeed, these reforms are likely going to bring back many Tanzanian cases from abroad to Tanzania as a safe seat of arbitration. Keywords: International arbitration, seat of arbitration, governing laws, natural wealth and resources sector, Bilateral Investment Treaties (BITs).
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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.
Повний текст джерелаАнотація:
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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Ms. Charu Shahi, Dr Sachin Rastogi,. "THE CONCEPT OF INSTITUTIONAL ARBITRATION – NEED FOR THE HOUR." Psychology and Education Journal 58, no. 2 (February 20, 2021): 6601–9. http://dx.doi.org/10.17762/pae.v58i2.3194.
Повний текст джерелаАнотація:
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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Lagarde, Mercedes Torres. "Liability of Arbitrators in Dubai: Still a Safe Seat of Arbitration." ASA Bulletin 33, Issue 4 (December 1, 2015): 780–807. http://dx.doi.org/10.54648/asab2015060.
Повний текст джерелаАнотація:
The recent law suits filed against arbitrators in Dubai seated arbitrations, have shown to be a hot topic in the international arbitration community. Unfortunately, to date, there has not been enough information shared with the public, other than hearsay, on the decisions issued by the Dubai Courts on those matters. Through five cases originally administered by the Dubai International Arbitration Centre (DIAC), the Courts have dismissed the allegations made against the arbitral tribunals. The particularities, Courts’ decisions and analysis contained in this research seek to shed light on the arbitration friendly approach followed by the Dubai Courts, which should continue to hold Dubai as a safe seat for arbitration practitioners to accept appointments.
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Taiwo, Oluwafikunayo D. "The Restrictive Approach to Legal Representation in Arbitration Proceedings and Its Unintended Consequences in Nigeria." Journal of International Arbitration 37, Issue 2 (April 1, 2020): 271–88. http://dx.doi.org/10.54648/joia2020013.
Повний текст джерелаАнотація:
The issue of legal representation in arbitration proceedings accounts for one of the sub-factors of ‘formal legal structure’ and ‘national arbitration law’ that disputing parties consider before choosing a seat of arbitration. Indeed, the ability of disputing parties in arbitration to freely select their desired representatives is embedded in the foundational principle of party autonomy. In Nigeria, a literal interpretation of the national arbitration rules prevents parties from selecting persons not admitted to the Nigerian bar as their representatives in arbitration proceedings. This article examines the impact of this restrictive approach on the attractiveness of Nigeria as a seat of arbitration. The article identifies scope for reform in the law and makes suggestions to create a more liberal legislative and judicial framework in order to promote Nigeria as a preferred seat for arbitration. Arbitration, Legal representation, Seat, Nigeria
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Barry, Matthew. "The Role of the Seat in International Arbitration: Theory, Practice, and Implications for Australian Courts." Journal of International Arbitration 32, Issue 3 (May 1, 2015): 289–323. http://dx.doi.org/10.54648/joia2015012.
Повний текст джерелаАнотація:
A complex question in international commercial arbitration is the extent to which an enforcement court should defer to the decisions of courts at the seat of arbitration. In the recent case of Gujarat, the Federal Court of Australia held that it would generally be inappropriate for an Australian court, called upon to enforce an arbitral award under the International Arbitration Act 1974 (Cth) (IAA), to reach a different conclusion on the same question as that reached by the court at the seat of arbitration. This article critically examines Gujarat in light of the broader debate about the role of the seat in international arbitration jurisprudence. The article contends that the role of the seat is far from settled. In the first place, there are competing theories of international arbitration, each according to a different degree of importance to the seat of arbitration. Second, enforcement courts applying the provisions of the New York Convention have taken very different approaches to the decisions of courts at the seat of arbitration. US courts, for example, generally defer to the decisions of courts at the seat; French courts, on the other hand, tend to disregard the decisions of courts at the seat. Nevertheless, this article contends that the deferential approach taken by the Federal Court in Gujarat and the US courts is the correct one. Australian courts should, for strong policy reasons, defer to the decisions of courts at the seat of arbitration, save in exceptional cases where such decisions are shown on the basis of cogent evidence to be partial and dependent or in violation of basic principles of justice. This approach promotes finality and efficiency in international arbitration whilst upholding the international rule of law.
Дисертації з теми "Arbitration Seat"
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Marti, Ulrich. "Interim measures in international commercial arbitration with seat in Zurich (Switzerland)." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4664.
Повний текст джерелаАнотація:
Parties to international commercial transactions choose to refer potential disputes to arbitration instead of litigation for different reasons. In most of the cases an important factor for a decision in favour of arbitration is that they want to have a potential dispute settled quickly. Even if the dispute resolution through arbitration is often speedier than court proceedings, it still takes a fair amount of time until a final award is rendered. Thus, it might become necessary to obtain interim measures to regulate the terms of an ongoing relationship for the duration of the arbitral proceedings, to stabilize matters on a provisional basis or to avoid frustration of the final award. If the need for interim measure arises, the concerned party will be confronted with a bundle of complex legal and tactical questions. The second chapter deals with the question which judicial authority has jurisdiction to order interim measures in international arbitral proceedings conducted in Switzerland, respectively with the legislative and contractual framework that must be considered in order to determine the competent authority. As will be explained, arbitral tribunals and state courts may have concurrent jurisdiction to order interim measures and thus, the parties will have to decide which authority to apply to. To determine which possibility will be more advantageous in the concrete circumstances they have to compare the two options. Thus, the third chapter is concerned with interim measures available to arbitral tribunals, whereas the fourth chapter deals with those available to state courts. In these two chapters the focus is particularly on the variety of interim measures, some procedural aspects and on questions with regard to enforcement. In chapter five some selected questions and problems caused by the concurrent jurisdiction of the arbitral tribunal and the state court will be addressed. I will conclude with the question whether or not one can determine a general rule that it is more advantageous for parties to international arbitration to address either the state court or the arbitral tribunal with a request for interim measure.
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Narancio, Victoria, and del Prado Fabio Núñez. "International Arbitration under debate." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/122726.
Повний текст джерелаАнотація:
Is the choice of the arbitral seat still an important decision in international arbitration? Should arbitral awards be subject to greater judicial scrutiny? Should the appeal be in international arbitration? Is it possible that an annulled arbitral award is recognized under the New York Convention? Should the New York Convention be amended to achieve CNY 2.0? Is investment arbitration a system that works? Are the criticisms of investment arbitration valid? In this interview, Gary Born responds to each of these questions by addressing many controversial current issues in international arbitration.¿Es la elección de la sede del arbitraje todavía una decisión importante en el arbitraje internacional? ¿Deberían los laudos estar sometidos a un mayor escrutinio judicial? ¿Debería existir la apelación en el arbitraje internacional? ¿Es posible que en virtud de la Convención de Nueva York se reconozca un laudo anulado? ¿Debería enmendarse la Convención de Nueva York para lograr una CNY 2.0? ¿Es el arbitraje de inversiones un sistema que funciona? ¿Son las críticas al arbitraje de inversiones válidas? En la presente entrevista, Gary Born responde cada una de estas interrogantes tratando muchos temas polémicos de actualidad en el arbitraje internacional.
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Junqueira, Gabriel Luiz Herscovici. "Arbitragem brasileira na era da informática: um estudo das principais questões processuais." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-11022015-144147/.
Повний текст джерелаАнотація:
Esta dissertação almeja contemporizar o estudo da arbitragem com as novidades tecnológicas advindas dos avanços constantes da informática. A dissertação é dividida em oito capítulos, sendo cada um excetuados o introdutório e o conclusivo dedicado a enfrentar uma questão relativa ao campo de estudo selecionado. Os temas abordados são: (i) Convenção arbitral eletrônica; (ii) Sede da arbitragem virtual; (iii) Questões jurídicas advindas de um procedimento informatizado; (iv) O documento eletrônico como fonte de prova; (v) O computador como perito ou expert witness; e (vi) A sentença arbitral eletrônica. Na conclusão final é salientada a compatibilidade das novas tecnologias com a arbitragem, recomendando-se, no entanto, uma adaptação cultural dos usuários da arbitragem e das normas que regem esse meio de solução de controvérsias.This dissertation seeks to bring the study of arbitration up to speed with the constant innovations that take place in the realm of computer technology. The dissertation is split into eight chapters with each chapter, short of the first and last, dedicated to handling a question related to the field of study. The topics analyzed herein are: (i) Electronic arbitral clause; (ii) Seat of the virtual arbitration; (iii) Judicial quandaries resulting from high-tech procedures; (iv) The e-document as a source of evidence; (v) The computer as a judicial assistant or expert witness; and (vi) The electronic arbitral award. In the final conclusion emphasis is given to the compatibility between these novel technologies and arbitration, despite an adaptation of both the cultural and legal background that permeate this method of dispute resolution being recommendable.
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Remón, Jesús, Miguel Virgós, Gabriel Bottini, de Argumedo Álvaro López, and José Miguel Fatás. "Round table: conflicting positions in international arbitration." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123844.
Повний текст джерелаАнотація:
Are the criti cisms to investment arbitrati on valid?. Is the annulment acti on an indispensable mechanism?. Can the acts of ius imperium of the States be submitted to arbitration?.This round table respond to each of these questi ons by addressing many controversial issues in itnernati onal arbitration.¿Son válidas las críti cas al arbitraje de inversiones?. ¿Es el recurso de anulación un mecanismo indispensable?. ¿Pueden los actos de ius imperium de los Estados ser someti dos a arbitraje?.La presente mesa redonda, responde a cada una de estas interrogantes, tratando muchos temas controversiales en el arbitraje internacional.
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Lembo, Sara. "The 1996 UK ARbitration Act and the UNCITRAL Model Law: a contemporary analysis." Doctoral thesis, Luiss Guido Carli, 2010. http://hdl.handle.net/11385/200848.
Повний текст джерелаАнотація:
Arbitration as an alternative method of settling dispute. The development of Arbitration Law in England. The Arbitration Act 1996 versus the UNCITRAL Model Law: an objective and comparative analysis. Recent trends in International Commercial Arbitration: an empirical analysis.
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Althabity, Mohammad M. "Enforceability of arbitral awards containing interest : a comparative study between Sharia law and positive laws." Thesis, University of Stirling, 2016. http://hdl.handle.net/1893/23090.
Повний текст джерелаАнотація:
The dynamics of our globalised world open the way for international trade and transactions between different countries; this may lead to conflicts in laws where transactions and trade may be subject to different legal systems. One of the biggest issues in international commercial law is disputes over the charging of interest, for example with regard to late payment, interest-based loans, or compensation for damages. Interest disputes are considered to be a complex area of law and even more complex in the international field. At the international level, interest claims may be connected to many areas of commerce and thus governed by various laws, which are different from one country to another; moreover, each country has its own interest rate and such rates are changeable according to the nature of law and economics under some jurisdictions. Furthermore, the concept of interest itself is affected by influences such as religious beliefs and economic, political and cultural trends. Interest can be treated as a substantive or a procedural matter. The settlement of these disputes therefore faces difficulties. Arbitration, as a method for settlement of disputes, is characterised by special features that assist in resolving these issues; but it faces some obstructions, especially in international commercial arbitration. The practices of arbitral tribunals and national courts in this regard are different. The results of different interpretations, approaches, and theories with regard to arbitration, at the pre-arbitration, during arbitration and post-arbitration stages, may also differ widely due to the diversity of financial and legal systems such as Common Law, Civil Law and the Islamic legal system – Sharia Law – across different countries. Each legal system has a different methodology and theories, even within an individual country under one legal system, and a state within a federal system has its own laws, which may have different interpretations in this respect. The New York Convention of 1958 on enforcing foreign arbitral awards was established in favour of arbitral awards and for the purpose of unifying international rules of arbitration. This Convention provides some procedural and substantive rules for the enforcement of foreign arbitral awards, but also provides some grounds for refusal. These rules have been affected by different interpretations under different jurisdictions and legal systems, which lead to different perspectives on the matter of charging interest and settlement by arbitration. The outcome of applying the NYC under these interpretations often has the opposite of its intended effect: the rejection of foreign arbitral awards. Due to such ambiguities, courts occasionally intervene in arbitration in all its stages. The interventions of national courts occur in three stages: enforcement of the arbitration agreement, enforcement of the contract under the applicable law to the agreement, and enforcement of the foreign arbitral award. The confusion between substantive and procedural laws also creates confusion with respect to public policy, non-arbitrability and enforceability. In addition, there may be a lack of clarity on the scope of arbitration with respect to the parties’ agreement, whether or not the parties have agreed to the interest rates and periods and whether or not they have agreed to the authority of the arbitrator. These issues affect the enforceability of an arbitration agreement, the law applicable to the disputed contract, the freedom of parties, the authority of the arbitrators and the enforceability of the awarded interest. The thesis studies how arbitral awards containing interest have been interpreted across the three aforementioned legal systems under the NYC 1958 in Saudi Arabia, Egypt, the UAE, England, France, and the US and the enforceability of such awards.
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Pernet, Martial. "Le siège de l' arbitrage international : étude d’une autonomisation." Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCF013.
Повний текст джерелаАнотація:
En matière internationale, le tribunal arbitral n’a d’autre choix que de se fixer sur le territoire d’un État afin de rendre sa sentence. Le choix de cet « État hôte » emporterait alors fixation du siège de l’arbitrage international. Mais quel choix faire ? Comment ? Par qui ? Que faire en cas d’incertitude dans ce choix ? Quels effets cette fixation aura-t-elle ensuite lors de la création du tribunal, du rendu et de l’exécution de sa sentence, ou encore du choix des lois applicables ? Il n’est pas une réponse unique à ces simples questions. Pour cause, le droit de l’arbitrage international accorde une importance variable à la notion de siège. En ce sens, elle dépendra principalement de la vision que l’on a de la place et de la source de l’arbitrage vis-à-vis de la justice étatique. C’est par l’étude des différents courants de pensée philosophique, retenus par l’un ou l’autre des courants doctrinaux, qu’il sera possible d’expliquer les différentes représentations qui existent au sein de la communauté juridique internationale de la notion du «siège de l’arbitrage». Aussi, ce manuscrit amène-t-il in fine à de profonds questionnements sur la source de la juridicité d’une sentence arbitrale internationale. Plus l’on considèrera que la sentence puise sa source dans l’ordonnancement juridique de l’État dans lequel se situe le tribunal, plus l’on verra l’arbitrage et l’arbitre faire partie intégrante de cet ordonnancement, et plus alors le droit du siège aura de prise sur le déroulement du processus arbitral, l’organisation du tribunal et la vie de la sentence. Ainsi, après l’étude des différentes conceptions philosophiques de l’arbitrage puis des représentations du siège s’y rattachant – étude au passage de laquelle il sera constaté une révolution de la théorie dominante, passant d’un modèle territorial à un modèle délocalisé (évolution qui sera perceptible à travers une analyse comparée des lois d’arbitrage de différents pays) – une analyse des conséquences résultant d’un impact plus ou moins fort de ce siège sur le processus arbitral amènera à un constat flagrant. Quelle que soit la théorie du siège de l’arbitrage envisagée, ce dernier fait l’objet d’un net recul dans sa prise en compte de l’application de ses lois de procédure ou de fond.Néanmoins, bien que régulièrement battue en brèche par la doctrine internationale, la notion de siège n’en demeure pas moins persistante. Ce constat sera particulièrement marqué lors de la recherche de l’actuelle utilité du siège dans sa mission d’assistance au tribunal arbitral (c-à-d : appel au juge d’appui). Seulement, les visions des États sur l’arbitrage n’étant pas identiques, une analyse des lois et de la pratique arbitrale de certains pays amènera à douter de la répartition actuelle du contrôle des sentences opérées par la Convention de New York de 1958 entre le pays du siège et les pays d’accueil de l’arbitrage. L’interprétation de cette Convention conduit en effet à être actuellement le prétexte d’un affrontement indirect des visions de l’arbitrage international des États, sur l’importance du concept du siège de l’arbitrage international. L’actualité de cette question interrogera alors de manière légitime la pertinence actuelle de la notion du siège arbitral comme élément clé d’une lecture de l’arbitrage internationalIn international matters, the arbitral tribunal has no choice but to settle in the territory of a State in order to render its award. The choice of this "host State" would then determine the seat of international arbitration. But what choice do we make? How? By whom ? What to do in case of uncertainty of this choice? What effects will this determination then have in creating the tribunal, in rendering and enforcing its award, or in choosing the applicable laws? There is no single answer to these simple questions. Indeed, international arbitration law attaches varying importance to the notion of seat, in the sense that it will depend primarily on one's vision of the place and source of arbitration in relation to state justice. It is through the study of various philosophical thoughts, used by different academic point of views, that it will prove possible to explain the diversified representations that exist within the international legal community of the notion of "arbitration seat". Thus, this manuscript raises complex questions about the source of the juridicity of an international arbitral award. Indeed, the more the award is considered to have its source in the legal order of the State in which the tribunal is located, the more arbitration and arbitrators will be seen to be an integral part of that order, and more the law of the seat will have influence on the conduct of the arbitral process, the organization of the tribunal and the award. Therefore, after the study of the different philosophical conceptions of arbitration and the representations of the seat attached to it - a study in which it will be noted a revolution of the dominant theory, passing from a territorial model to a delocalized model (evolution which will be perceptible through a comparative analysis of the laws of arbitration countries) - an analysis of the consequences resulting from a more or less strong impact of this seat on the arbitral process will lead to a clear observation. Whatever the theory of the seat of the arbitration considered, it can be seen a decline in of the application of its procedural or substantive laws.Nevertheless, although the concept of the seat is regularly demolished by international doctrine, it remains persistent. This observation will be particularly obvious during the study of the current utility of the seat in its support to the arbitral tribunal (i.e. help of the juge d’appui). However, since States' views on arbitration are not identical, a survey of the laws and arbitration practice in a number of countries raises doubts about the current distribution of the control of awards under the 1958 New York Convention between the country of the seat and the other countries. The interpretation of this Convention is indeed a pretext for an indirect confrontation of the visions of international arbitration by States, through the concept of the seat of international arbitration. The topicality of this question will then legitimately interrogate the current relevance of the notion of the arbitral seat as a key element of international arbitration
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Barter, Barbara G. "Procedures of judgement, process of justice, an arbitration tribunal set in context." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ35393.pdf.
Повний текст джерела
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Leão, Fernanda de Gouvêa. "Arbitragem e execução." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-08022013-164605/.
Повний текст джерелаАнотація:
O tema proposto para o presente estudo gravitou ao redor da relação arbitragem e execução no direito brasileiro. A primeira parte dedicou-se ao estudo da arbitragem e da convenção de arbitragem e da sentença arbitral, de modo a situar o tema, destacando as principais características que acabam por refletir no tema da execução. Após, foi analisada a execução da sentença arbitral, nacional e estrangeira, bem como a possibilidade de ser proferida a sentença arbitral parcial e como se dá sua execução. Ademais, verificou-se a necessidade de prévia homologação da sentença arbitral estrangeira para que possa ser executada no país. Ato contínuo, demonstrou-se a execução de medidas liminares concedidas pelo árbitro e a possibilidade do árbitro determinar medidas de apoio de natureza coercitiva. Também, analisou-se a sentença arbitral ilíquida e a necessidade do procedimento de liquidação antes de sua execução perante o Poder Judiciário. Em um terceiro momento dedicou-se a análise dos meios de defesa do executado na execução da sentença arbitral e demais formas de impugnação desta, notadamente a ação anulatória. Verificou-se a possibilidade de a impugnação ser utilizada como meio de anulação da sentença, desde que respeitado o prazo decadencial de noventa dias estabelecido na lei, o que também é aplicado no caso de execução de sentença parcial. Posteriormente, analisouse a execução do título executivo extrajudicial em que foi previsto convenção de arbitragem, concluindo-se pela impossibilidade do uso dos embargos do devedor para discussão do mérito e a necessidade de instauração da arbitragem.The theme proposed for this study revolves around the relationship between arbitration and enforcement under Brazilian law. The first part was dedicated to the study of arbitration and arbitration agreements and of arbitral awards, so as to set the bases for this dissertation, highlighting the main characteristics that eventually have reflections in enforcement. Afterwards, the enforcement of national and foreign arbitral awards was analysed, along with the possibility of rendering partial awards and how their enforcement is carried out. Furthermore, the necessity of recognising a foreign award prior to its enforcement in Brazil was acknowledged. Subsequently, the enforcement of preliminary measures granted by arbitrators and the possibility of an arbitrator granting coercive and supportive measures were demonstrated. In addition to that, awards passed with no fixed amount and the necessity of the fixation of such amount prior to their enforcement in court were analysed. In its third stage, this dissertation was dedicated to reviewing defence mechanisms for the debtor in proceedings for the enforcement of arbitral awards and further objections thereto, namely the motion to set aside arbitral award. The possibility of the objection to enforcement be utilised as a setting aside mechanism was confirmed, as long as the limitation period of ninety days set forth in law is observed, which is also applied to the enforcement of partial awards. Eventually, the enforcement of extrajudicial deeds in which an arbitration clause is inserted was analysed, and the conclusion was that the filing of a motion to stay enforcement in order to discuss the merits of the case was found to be inadmissible, as in that scenario, initiating arbitral proceedings is necessary.
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Lando, Massimo Fabio. "Consistency in the international law of maritime delimitation : towards a set of common principles for the judicial establishment of maritime boundaries." Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/273171.
Повний текст джерелаАнотація:
This thesis examines the process applied by international tribunals for delimiting Exclusive Economic Zone (EEZ) and continental shelf boundaries under international law. Maritime delimitation is governed by articles 74 and 83 of the 1982 UN Convention on the Law of the Sea (UNCLOS), which are customary international law. However, owing to the vagueness of such legal provisions, international tribunals have been developing a standard process for delimiting maritime boundaries. The delimitation process has evolved significantly since the 1969 judgment of the International Court of Justice (ICJ) in North Sea Continental Shelf. The ICJ re-stated this process in its 2009 Black Sea judgment as being constituted of three stages: first, an equidistance line is provisionally drawn; second, this line is adjusted should relevant circumstances so require; third, the overall equitableness of the boundary is evaluated by assessing the proportionality between the length of the relevant coast and the marine areas appertaining to each state. This thesis analyses each stage of the delimitation process as re-stated in Black Sea. By way of introduction, chapter 1 outlines the relevant legal provisions and the historical evolution of the delimitation process through the jurisprudence of international tribunals. Chapter 2 discusses both the notions of the relevant coast and of the relevant area, and the practical methods for their identification. Since Black Sea, international tribunals have tended to identify the relevant coast and the relevant area prior to establishing a provisional equidistance line. Chapter 3 discusses the issues concerning the drawing of the provisional equidistance line. Chapter 4 examines relevant circumstances and the methods for adjusting an equidistance line. Chapter 5 discusses proportionality. Using doctrinal legal research methodologies, this thesis aims to assess the degree of consistency in the international tribunals’ application of the three-stage delimitation process. It argues that, while great leaps forward have been made since 1969, there is still a number of unresolved issues, in relation to which this thesis endeavours to provide some workable solutions.
Книги з теми "Arbitration Seat"
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United Nations Convention on the Law of the Sea: Dispute settlement mechanisms. Delhi, India: Academic Publications, 1985.
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2
Talmon, Stefan, and Bing Bing Jia. The South China Sea arbitration: A Chinese perspective. Oxford, United Kingdom: Hart Publishing, 2014.
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The Barbados/Trinidad and Tobago Arbitration Award of 2006. The Hague: T.M.C. Asser Press, 2009.
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Adede, A. O. The system for settlement of disputes under the United Nations convention on the law of the sea: A drafting history and a commentary. Dordrecht: M. Nijhoff, 1987.
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Jauch, Heidi Kerstin. Aufrechnung und Verrechnung in der Schiedsgerichtsbarkeit: Eine rehsvergleichende Studie Deutschland/Schweiz. Konstanz: Hartung-Gorre, 2001.
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Heryandi. Hukum laut internasional: Pengaturan zona maritim dalam United Nations Conventions on the Law of the Sea, 1982 dan dalam peraturan perundang-undangan Indonesia. Bandarlampung: Pusat Penerbitan, Lembaga Penelitian, Universitas Lampung, 2008.
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Continuing Legal Education Society of British Columbia. International maritime arbitration: Materials prepared for a seminar in Vancouver, British Columbia on May 26 and 27, 1988. Vancouver: The Society, 1988.
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Bugarčić, Bojan. Doprinos Međunarodnog suda pravde i arbitražnih tribunala razvoju pravila delimitacije u pravu mora. Beograd: Pravni fakultet Univerziteta u Beogradu, 2011.
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Ertan, Kerem. Deniz hukukunda Londra'da tahkim. Cağaloğlu, İstanbul: Beta, 2011.
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Oude Elferink, Alex G., 1962- and Rothwell Donald 1959-, eds. Oceans management in the 21st century: Institutional frameworks and responses. Leiden: M. Nijhoff, 2004.
Знайти повний текст джерелаЧастини книг з теми "Arbitration Seat"
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Andrews, Neil. "‘The Seat’ and the Laws Affecting the Arbitration." In Arbitration and Contract Law, 51–66. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-27144-6_3.
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Nazzini, Renato. "Remedies at the seat and enforcement of international arbitral awards: res judicata, issue estoppel and abuse of process in English law." In Transnational Construction Arbitration, 175–92. Abingdon, Oxon ; New York, NY : Informa Law from Routledge, 2017. | Series: Lloyd’s arbitration law library: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315271101-12.
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Chan, Monica. "What We Know, We Don’t Know About Macao’s Arbitration Framework and the Way Forward." In Cofola International 2021, 482–505. Brno: Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-8639-2021-19.
Повний текст джерелаАнотація:
Increasing attention has been drawn recently to the arbitration community after the long-waited call for reform in arbitration regime back in 1996, the new Macao Arbitration Law has finally come into force on 4 May 2020. Still a phenomenon today, Macao SAR is not regarded as a popular destination for ar-bitration given the very strong competitions of “international” arbitral institutions surrounded in the South-East Asia Region, like Singapore, Hong Kong SAR, and Mainland China, but also probably due to its “imperfect” arbitration system that Macao SAR that was deeply-rooted in the past. In response to the growth of international commercial arbitration cases worldwide, Macao SAR has tried hard to ameliorate in a number of ways without giving up its share in the arbitration market. In-deed, one good example is the reform of the latest Macao Arbitration Law in 2019. However, this may not serve as a “panacea” to bring any instant changes in arbitration, and promotion of Macao SAR as a “user-friendly” seat for arbitration may require time and joint effort from every stakeholder to make that happen. This paper will revisit the evolution of the Macao’s arbitration system and its latest development, the potential challenges that pose to Macao SAR, a brief introduction of local arbit-ral institutions, as well as the likely concerns that the arbitral institutions and arbitration users may face when it comes to the choice for the place of arbitration.
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Zhang, Kaiqiang. "Challenges of Arbitrators in Inter-State Cases: A Different Cattle of Fish?" In Cofola International 2021, 235–74. Brno: Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-8639-2021-9.
Повний текст джерелаАнотація:
Compared to those in international commercial and investment arbitration, arbitrator-challenge practi-ces in inter-state cases are abnormally rare. The reasons behind the asymmetric practices include the ideology towards the role of arbitrators (authority vs. expertise), the effectiveness of enforcement (whether the award can be executed in domestic courts or whether there exist preconditions), and the unique structure and function of the specific tribunals. By virtue of illustrating the rules and practi-ces of the ad hoc tribunal established under Annex VII of the United States Convention on the Law of the Sea, the Iran-United States Claims Tribunal, and the International Court of Justice, the current standard, “justifiable doubts to the impartiality and independence of arbitrators”, is not interpreted uniformly and somehow unreasonable. To overcome the phenomenon of fragmentation and other problems, the arbitrator-challenge rules in inter-state disputes should not be treated differently and should be harmonized with rules and case laws developed in international commercial and investment arbitration.
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Whomersley, Christopher. "The South China Sea arbitration and its implications 1." In Routledge Handbook of the South China Sea, 426–53. Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9780367822217-30.
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Tarman, Zeynep Derya. "Jurisdiction and Arbitration Under the Rotterdam Rules." In The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, 265–89. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-19650-8_11.
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Cameron, Sim. "Part III Emergency Arbitration Procedure, 6 The Seat of Emergency Arbitration." In Emergency Arbitration. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198831051.003.0006.
Повний текст джерелаАнотація:
This chapter focuses on the limited role of the seat of emergency arbitration. It begins by exploring the concept of transnational norms in international arbitration, how these have been applied in the context of emergency arbitration, and whether this application is appropriate. The acceptance of a greater role for the application of transnational norms in emergency arbitration impacts on the significance of the role of the seat of emergency arbitration, and in particular, on the relevance of the lex arbitri to the proceedings. Given the limited mandate of the emergency arbitrator to determine whether urgent relief is required prior to tribunal formation, the courts of the seat of emergency arbitration are also not required to support the emergency arbitration process, although it is possible that they may be called upon to determine a challenge to the emergency arbitrator. However, the nationality of the emergency arbitrator's decision, if it is seen to constitute an award, may be relevant for enforcement purposes. The chapter then looks at the designation and the legal significance of the seat of emergency arbitration.
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Martin F, Gusy, and Hosking James M. "Part I Commentary on the ICDR International Rules, 17 Article 17—Place of Arbitration." In A Guide to the ICDR International Arbitration Rules. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198729020.003.0018.
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This chapter details Article 17 of the ICDR Rules, which presumes that the parties to an arbitration will choose the place or seat of arbitration in the arbitration agreement. Parties are well advised to do so due to the important role that the seat of arbitration plays in any arbitration. In practice, a majority of arbitration agreements specifically designate a seat of arbitration; for ICDR arbitrations, the US remains the most popular host country, and New York the most popular seat. Importantly, Article 17 provides for the situation in which the parties have failed to agree on a place of arbitration, authorizing the ICDR administrator initially to determine the place of arbitration for the parties, but with the final determination resting with the tribunal.
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Bermann, George A. "The lex arbitri and the arbitral seat." In International Arbitration and Private International Law. Brill | Nijhoff, 2017. http://dx.doi.org/10.1163/9789004348271_005.
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von Wunschheim, Clarisse, and Yupeng (Yves) Hu. "Selecting the Seat of Arbitration in Sino-European Disputes." In Austrian Yearbook on International Arbitration 2022, 139–60. MANZ'sche Verlags- und Universitätsbuchhandlung GmbH, 2022. http://dx.doi.org/10.5771/9783214164997-139.
Повний текст джерелаТези доповідей конференцій з теми "Arbitration Seat"
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Topaloğlu, Mustafa. "Effects of Public Policy on Arbitration." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00805.
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Public policy is a ambiguous concept. Public policy can be defined as a set of rules which protecting the essential structure of society and its interests. Under New York Convention dated 1958, an arbitration verdict which breaching of public policy in the executing country can’t be executed. Same provision valid under Turkish Act Related International Private Law and Procedure Law. An arbitration verdict can’t be subject to appeal directly. But, it can be sued for annulment before court of first instance. The public policy is stipulated as a ground of annulment in the Turkish International Arbitration Act. New Turkish Civil Procedure Act accepted same solution about domestic arbitration. In this paper was tried to define the public policy concept and examined point of view of legal rules questioned above.
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"The Role of Electronic Commercial Arbitration in the resolution of Commercial Disputes." In Sept. 17-19, 2018 Paris (France). Excellence in Research & Innovation, 2018. http://dx.doi.org/10.17758/eirai4.f0918414.
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Bečvářová, Bára. "Contract Adjustment in Arbitration – Should the Approach Be Adjusted?" In COFOLA International 2022. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0231-2022-10.
Повний текст джерелаАнотація:
For decades, the general attitude has been moving towards accepting contract adjustment in arbitration. More and more, the question is when and how a contract may be adjusted and not whether the arbitrators may have such a power. The article will firstly discuss hardship as a basis for contract adjustment and provide general discussion on arbitrators’ position in cases of hardship. Once the scene is set the paper will focus on how the issue is approached in the area of long-term gas sale and purchase agreements and especially the price review clauses. Based on their example, it is concluded that arbitral tribunals should evaluate not only conditions of hardship but also the will of the parties to continue the contract and, in absence of any other guidance, request proposals for adjustment from the parties.
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Бардин, Лев, and Lev Bardin. "On the issue of the right to provide legal assistance." In St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. Москва: INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6faa331e66.29746358.
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The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those who received the status Lawyer in accordance with Russian law, has the right to represent in criminal courts and Russian arbitration courts, as well as act as a representative of organizations in civil and administrative proceedings and proceedings on cases of administrative violations. Appropriate legislative changes are needed. The law states that the use of the terms "advocacy", "lawyer", "lawyer's chamber", "lawyer’s entity" in the names of organizations is allowed only by lawyers. Every year, Russia's tax inspections register dozens of organizations set up by non-layers, illegally including the above terms in their names. The law should provide not only prohibitions, but also sanctions for violation of these prohibitions. Collegiums of advocates often include the phrase "partners" in their names. But lawyers - members of the board are not partners and do not sign partnership agreements. Partners can not be among the governing bodies of the collegium . The application by collegiums of lawyers of the rules provided for non-commercial partnerships by the Federal Law "On Non-Profit Organizations" in the part of partners is illegal.
Only lawyers can establish a lawyer’s bureau and conclude a partnership agreement. But in practice in lawyer’s bureau, persons who do not have the status of a lawyer become partners. In other countries, in associating lawyers limited liability partnerships, along with partners, there are "associates". The introduction of such "associates" in our lawyer’s bureau will be a good alternative to attempts to include commercial organizations in the composition of lawyer entities.
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Saeed Ghafoor Ahmad, Kosar, and Amanj nasih qadir omer. "Prosecuting the perpetrators of the Camp Speicher crime according to Iraqi laws or the jurisdiction of the International Criminal Court." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/45.
Повний текст джерелаАнотація:
"This work includes talking about the crime of Camp Speicher, in which 1,700 students of the Iraqi army of the Sheea creed were killed by the gangs of the terrorist organization ISIS, with the aim of eliminating the members of this sect because of the misleading ideology carried by those gangs. On 6-12-2014, Iraqi soldiers at Camp Speicher (Speicher Air Base) in Tikrit were subjected to murder and enforced disappearance by terrorist organizations because of their affiliation to the Sheea creed. This crime was among a series of brutal crimes for the genocide of Sheeas in Iraq. This is similar to what happened in the Badoush prison crime in the province of Mosul, which the Iraqi Parliament considered it as a crime of genocide, in which these gangs executed about (400) members of the prison inmates of the Sheea component. After ISIS took control of the city of Tikrit in Iraq, and one day after they took control of the city of Mosul, they captured (2000-2200) soldiers and led them to the presidential palaces in Tikrit, and they shot them there and in other areas and buried some of them alive. This disaster had a negative impact on the families of the victims of the Speicher where they went out in demonstrations demanded that the leaders who handed over the victims of Speicher to ISIS must be prosecuted, and in one of the demonstrations they managed to enter Parliament and demanded that the leaders who handed over Speicher to ISIS be held accountable. After that, many demonstrations took place by the families of the victims, some of which led to the closure of a bridge in Baghdad a few times Protesting the government's delay in clarifying the fate of their children or taking quick measures. The Iraqi parliament and government recently considered the Speicher incident “genocide” in reference to the premeditated murder of Badoush Prison inmates in Nineveh Governorate and the unarmed Speicher military base, the premeditated murder of members of the Albu Nimr, Jabour, al-Lahib, and al-Ubaid tribes, and the killing and displacement of civilians from Kurds, Christians, Yazidis and Shabaks in Sahel Nineveh, Sinjar, deliberate killing and displacement of Turkmens in Tal Afar and Bashir. This decision paves the way for obtaining international recognition from it as a ""genocide"" as stipulated in the Contract of the United Nations in 1948, and Iraq signed it in the fifties of the last century. This study attempts to explain the Al-Ikhnasas Court in looking into the crimes of genocide committed by ISIS against the bereaved students of the Air Force Base (Speicher) due to what this issue raised from the national and international public opinion, especially after the involvement of the Iraqi army leaders in this massacre, according to what witnesses reported in that area and what was reported by soldiers who survived the incident, in addition to the involvement of some members of the Sunni tribes in these crimes with the terrorist organization ISIS. The importance of this study lies in the following aspects: - That ISIS elements were tried according to Anti-Terrorism Law No. 13 of 2005, and from our point of view that the aforementioned law is vague and broader than it should be, and it applies to serious and simple crimes from murder to crimes of sabotage, and the list of crimes punishable by the death penalty according to the aforementioned law is a long list and spacious. - The Iraqi government has embarked on an attempt to develop a legal framework to prosecute ISIS elements, and its mission focused on understanding the procedures and results drawn from those judicial efforts, and its mission also focused on showing the efforts taken by the Iraqi government to address violations in the field of the right to life, including those committed by affiliated forces government as well as other international and domestic actors. The International Criminal Court is specialized in considering specific crimes under Article (5) of its Statute, which are war crimes, aggression and crimes against humanity, which necessitates the adaptation of Speicher's crime within any of the mentioned types of crimes. The assumption of the International Criminal Court in relation to the Speicher crime, includes several positive matters and results at the same time a set of negatives, which must be presented to those positives and negatives in order to give preference between them and the choice of authorizing the court to consider the crime or not. The terrorist organization ISIS has committed serious systematic violations, including war crimes and others, and perhaps those that are not under its control, and that none of these crimes can be addressed within the anti-terrorism law, which cannot address human rights violations. The international community has recognized the heinous violations committed by ISIS against the citizens of Iraq by adopting Resolution (2370) in September of 2017, issued by the Security Council, which authorizes the Security Council to appoint an investigation team to support local efforts to hold ISIS elements accountable by collecting and preserving evidence in Iraq, which can rise to a high level, and it was committed by the elements of the organization. It considers that the decision constitutes a burden and an obligation on Iraq to investigate all allegations of violations committed by government forces for the purpose of holding them accountable, as well as requiring the establishment of special courts and trained judges in relation to ISIS crimes to deal with them. Terrorism is a global curse that has recently spread horizontally to all countries of the world and its effects have been concentrated vertically in some countries, and no one denies that the parties to this phenomenon are increasing (perpetrators and victims) and the United Nations in particular and the international community in general has not succeeded in reducing it despite the fact that the resolutions of the UN Security Council It is increasing, but the proportionality is absent between these decisions and the practical reality. The phenomenon of terrorism is spreading rapidly, and the perpetrators of terrorist acts are on the rise, corresponding to an increase in the victims of terrorism. Also, the circumstances and events that Iraq is going through, especially after 2003, put it at the forefront of countries which suffers from terrorism that has killed the people, using methods and forms that were not previously known and brutal and bloody cruel. ) for the year 2005, and since terrorism was not limited to Iraq, but included many countries, and was not specific to a place or time, nor was it recent in terms of composition. In addition, the aforementioned law cannot be aware of all violations of international and humanitarian law, as we mentioned previously, which requires the necessity of referring the criminals to a competent court. The Court conducts its rule under Article (13) of its Statute when referred to it by a state party to the same system or by the Security Council or when the Public Prosecutor conducts the investigation on his own, and then how does the Court take its measures regarding the aforementioned crime if we take a look Considering that the State of Iraq is not a member of the Statute of the Court. The rule of the court is free from the death penalty, which makes the idea of authorizing the court to consider the crime rejected by most Iraqis, especially the families of the victims. What are the negative aspects of the Iraqi national judiciary’s view of the Speicher crime, and how can it be avoided if the International Criminal Court plays this role? What are the guarantees provided by the court in the event that it proceeds with its procedures regarding this crime? The research on this subject is according to the appropriate method, which is the analytical and comparative method, which works on studying and comparing topics by analyzing ideas and jurisprudential rulings, and the positions of the governments of countries and the United Nations, as well as the resolutions of the Security Council and the General Assembly, and comparing arbitration between Iraqi courts. And the international courts regarding the trial of the perpetrators of the Speicher base crime, and then come up with a set of conclusions and recommendations."