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Journal articles on the topic 'Arbitration and award – Nigeria'
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1
Igbokwe, Virtus Chitoo. "The law and practice of customary arbitration in Nigeria: Agu v. Ikewibe and applicable law issues revisited." Journal of African Law 41, no. 2 (1997): 201–14. http://dx.doi.org/10.1017/s0021855300009402.
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“Reservations about any concept do not automatically discredit it but allow for healthy and open debate to take place… the discussions that can arise from any such criticism, constructive or otherwise, can often lead to a greater awareness of the values of the system and ways in which it can be strengthened and made more effective in the interests of the general public.”This article critically examines the controversies surrounding the law and practice of customary arbitration in Nigeria against the background of the decision of the Nigerian Supreme Court in Agu v. Ikewibe. The case law on customary arbitration is briefly reviewed with a view to demonstrating that prior to the Agu case, there existed a divergence of opinion among judges on some fundamental principles of the law and practice of customary arbitration in Nigeria, particularly with respect to the right of the parties to withdraw at any stage of the arbitration proceedings or even after the award is rendered. The article disagrees with the views of some judges and learned scholars that theres no distinction between customary arbitration and other consensus-oriented dispute resolution methods such as negotiation and conciliation. In disagreeing with these views, it is argued that in distinguishing customary arbitration from negotiation or conciliaion, the nature of the decision-making process should be of paramount consideration. It will further be argued that the binding nature or enforcement of the decisions of a judicial or quasi-judicial body differs from society to society. These enforcement mechanisms should not be divorced from the social relationships existing in a particular society. In conclusion, the article endorces the decision of the Supreme Court in Agu v. Ikewibe as the correct restatement of the law and practice of customary arbitration in Nigeria.
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Ikeyi, Nduka, and Tochukwu Maduka. "The Binding Effect of a Customary Arbitration Award: Exorcizing the Ghost of Agu v Ikewibe." Journal of African Law 58, no. 2 (2014): 328–49. http://dx.doi.org/10.1017/s002185531400014x.
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AbstractAgu v Ikewibe has been widely interpreted as holding that a customary arbitration award is binding only if none of the parties rejected the award after it was made; it has been widely criticized for this reason. However, the Nigerian Supreme Court has reached decisions, subsequent to though not as notorious as Agu v Ikewibe, to the effect that post-award consent is not necessary to found a binding customary arbitration award. This article contends that Agu v Ikewibe did not indeed decide what has been ascribed to it over the years, or that, even if it did, that decision is not supported by the previous judicial authorities upon which it claimed to have relied. Reference is also made to the current predominant indications from the Nigerian Supreme Court that post-award consent is not necessary to establish a binding customary arbitration award.
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Adaralegbe, A. "Limitation Period for the Enforcement of Arbitral Awards in Nigeria." Arbitration International 22, no. 4 (2006): 613–26. http://dx.doi.org/10.1093/arbitration/22.4.613.
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Chanju Park. "Arbitration Agreement and Arbitral Award." HUFS Law Review 33, no. 4 (2009): 195–230. http://dx.doi.org/10.17257/hufslr.2009.33.4.195.
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Al-Amaren, Emad Mohammed, Ahmed M. A. Hamad, and Omar Farouk Al Mashhour. "THE ROLE OF THE JUDICIARY IN EXECUTION OF ARBITRATION AWARD IN THE ARABIAN MIDDLE EAST COUNTRIES." Yustisia Jurnal Hukum 9, no. 2 (2020): 200. http://dx.doi.org/10.20961/yustisia.v9i2.43066.
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<em>Arbitration has been known since ancient times, Arbitration is an ancient system known to the ancient Greeks and Romans, and the first origins of arbitration was in the ancient Roman era. Arbitration is a legal path that seeks to resolve disputes when parties choose to deal with it. The result of the arbitration is called an arbitration award. Where this judgment is issued as a decision of rights and it is binding for opponents subject to it, and when the opponent who has the right obtained an arbitration award for his benefit, this arbitration award does not pay off the purpose of it only after the implementation of the other opponent for what it says. The issue of Execution of arbitration award is very important, and the arbitration decision includes judgment on the parties to the dispute and giving the right to another party and may also include binding the parties as if the expenses were divided between them. As for the implementation of the arbitrators award, it is only if the arbitration award has reached a certain degree of strength, so that the objection to it does not have an impact on its executive power or its enforcement, and this is with the approval of the judiciary. The role of the observer of the arbitration procedures upon the issuance of the arbitration award, in addition to that he plays an important role through the arbitration procedures from bringing a witness or bringing papers from a government agency, and from that we reach the research point where the judiciary and arbitration are connected through oversight of the arbitration award after its issuance as The judiciary determines the fate of the entire arbitration process, as it can nullify this ruling or make it enforceable</em>
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Dimas Mahendrayana, I. Made Dwi. "MEKANISME PENYELESAIAN SENGKETA PELANGGARAN HAK CIPTA MELALUI ARBITRASE." Acta Comitas 5, no. 1 (2020): 161. http://dx.doi.org/10.24843/ac.2020.v05.i01.p14.
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A copyright violation occurs when someone makes an announcement or reproduction of a work without permission from the creator or copyright holder. If this happens, the creator or copyright holder can bring his dispute to be resolved through alternative dispute resolution or arbitration. However, the Law No. 28 of 2014 concerning Copyright does not regulate the mechanism for resolving copyright disputes through arbitration. The purpose of this study is to determine the mechanism for resolving disputes over copyright infringement through arbitration and the mechanism for canceling decisions on resolving disputes over copyright infringement through arbitration. This research uses normative legal research. From the results of the study, the initial stage of the mechanism of resolving disputes over copyright infringement through arbitration begins with the submission of the request for arbitration. Furthermore, the applicant makes a claim letter and proceed with the selection and appointment of the arbitrator. Then the arbitration examination. The final stage of the trial in arbitration is the submission of the award to the parties, and continued with the implementation of the arbitration award. An arbitration award can be requested to be canceled. The mechanism for cancellation of a national arbitration award begins by registering an arbitration award for cancellation at the Registrar's Office of the District Court. Then the court will examine the facts about whether or not the reasons stated by the applicant to cancel the arbitration award. If no, the application is rejected, but if the facts are found, the court is only authorized to cancel part of the arbitration award.
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Johnson, Constance. "Case Analysis: Eritrea – Yemen Arbitration." Leiden Journal of International Law 13, no. 2 (2000): 427–46. http://dx.doi.org/10.1017/s0922156500000303.
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On 9 October 1998, an Arbitral Tribunal handed down its Award regarding the first stage of an arbitration between Eritrea and Yemen. The Award determined, firstly, the scope of the dispute between the parties and, secondly, the sovereignty of small islands, islets, rocks and low-tide elevations sprinkling in the Red Sea between the respective coast lines of the two states. Whilst closely examining concepts raised by the parties such as historic title, the Tribunal was ultimately swayed by factors of geographical appurtenance, recent demonstrations of governmental authority and functions of state, and, to a lesser extent, the area's legal history. The Award contributes to the body of law on territorial sovereignty and to an understanding of the role of arbitration in the peaceful resolution of disputes.
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Mukhtar, Sohaib, and Shafqat Mahmood Khan Mastoi. "Remedies to Challenge Arbitral Awards in Pakistan." Journal of Asian Research 1, no. 1 (2017): 14. http://dx.doi.org/10.22158/jar.v1n1p14.
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<p><em>Available remedies to challenge arbitral awards in Pakistan are modification, remission, annulment and revocation of recognition and enforcement. Arbitration is a method through which disputing parties resolve their disputes outside the Court by avoiding technicalities of procedural law. If there is irregularity regarding process and procedure of arbitral tribunal, parties to an arbitration agreement may apply against it in the Court. Arbitrator files an arbitral award in the Court after completion of arbitral proceedings. If arbitral award is domestic and comes under ambit of Civil Court, arbitrator files arbitral award there but in case of foreign arbitral award, parties to arbitration agreement are required to file arbitral award with arbitration agreement and in case if arbitral award and arbitration agreement are not in official language of Pakistan, translation in official language is required to be submitted before High Court for implementation of arbitral award in Pakistan. Aggrieved party to arbitration agreement may challenge arbitral award before the Court for modification under section 15, for remission under section 16 and for setting aside under section 30 of the Arbitration Act 1940. Recognition and enforcement of an arbitral award may be challenged under article 5 of the New York Convention 1958. The UNCITRAL Model Law 1985 and other relevant International Conventions are not applicable in Pakistan thus aggrieved party may not avail grounds mentioned in these Statutes for modification, remission, setting aside and revocation. Pakistan is an Islamic country hence no award can be implemented in Pakistan if it is against injunctions of Islam under the light of Holy Quran and Sunnah of Prophet Muhammad </em><em>ï·º</em><em> </em><em>which comes under ambit of public policy which is one of the grounds for revocation of recognition and enforcement of an arbitral award in Pakistan. </em></p>
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Chukwudi Nwakoby, Greg. "Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice." International Journal of Law and Society 1, no. 2 (2018): 92. http://dx.doi.org/10.11648/j.ijls.20180102.16.
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Kerr, M. "The Enforcement of a Taiwanese Arbitration Award." Arbitration International 6, no. 2 (1990): 167–73. http://dx.doi.org/10.1093/arbitration/6.2.167.
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Park, William W. "Duty and Discretion in International Arbitration." American Journal of International Law 93, no. 4 (1999): 805–23. http://dx.doi.org/10.2307/2555345.
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After a long arbitration in New York, a Canadian company wins substantial damages against a British multinational, only to see a federal court vacate the award.1 Two grounds are given for vacatur: the arbitrator was biased, and the arbitrator manifestly disregarded the applicable law. Not deterred, the winning claimant seeks to enforce the award against the defendant’s London bank accounts.What effect (if any) should a court in England give the American award? Should an English court ignore the arbitrator’s decision or the federal judge’s order? Should the English court make its own investigation into the legitimacy of the vacatur?
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Permatasari, Yuanita, and Pranoto ,. "KEWENANGAN PENGADILAN DALAM PEMBATALAN PUTUSAN ARBITRASE INTERNASIONAL DI INDONESIA." Jurnal Privat Law 5, no. 2 (2017): 26. http://dx.doi.org/10.20961/privat.v5i2.19384.
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<p>Abstract<br />This article aims to find out the recognition and enforcement of international arbitration award in Indonesia, as well as the authority of the courts in annulment the international arbitration award in Indonesia. This research is a normative and prescriptive legal research. The type and source of materials used is the source of secondary legal material. The legal substances used in this study are of two kinds, namely primary legal materials and secondary legal materials. The method of collecting legal materials in this study is obtained through assessment of existing libraries, books, law journals, and court awards. Based on the result of the discussion, it can be concluded: Firstly, the international arbitration award can be recognized and enforced if the award is registered and obtain an execution from the Central Jakarta District Court. International arbitration rulings can only be recognized and enforced if they full fil the conditions in Article 66 of Arbitration and Alternative Dispute Resolution law. Second, the international arbitration award is final and binding. However, in reality many international arbitration awards are requested for annulment to the Court in Indonesia.</p><p>Keywords: international arbitration award, annulment of international arbitration award, enforcement of international arbitration award</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui pengakuan dan pelaksanaan putusan arbitrase internasional di Indonesia, serta kewenangan pengadilan dalam membatalkan putusan arbitrase internasional di Indonesia. Metode penelitian yang digunakan adalah penelitian hukum normatif bersifat preskriptif. Pendekatan yang digunakan penulis adalah pendekatan kasus. Sumber bahan hukum yang digunakan adalah bahan hukum primer dan bahan hukum sekunder, dengan teknik analisis bahan hukum menggunakan metode silogisme dan interpretasi dengan menggunakan pola berpikir deduktif. Berdasarkan hasil pembahasan dapat disimpulkan: Pertama, agar putusan arbitrase internasional dapat diakui dan dilaksanakan, maka putusan tersebut harus terlebih dahulu didaftarkan dan memperoleh exequatur dari Pengadilan Negeri Jakarta Pusat. Putusan arbitrase internasional hanya dapat diakui dan dilaksanakan apabila memenuhi syarat-syarat yang ditentukan dalam Pasal 66 Undang-Undang Nomor. 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa. Kedua, putusan arbitrase internasional bersifat final and binding. Sehingga, putusan arbitrase internasional tidak dapat diajukan upaya pembatalan putusan arbitrase. Namun, dalam realitanya banyak putusan arbitrase internasional yang dimintakan pembatalannya kepada Pengadilan di Indonesia.</p><p>Kata Kunci: putusan arbitrase internasional, pembatalan putusan arbitrase internasional, pelaksanaan putusan arbitrase internasional</p>
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Olson, Craig A., and Barbara L. Rau. "Learning from Interest Arbitration: The Next round." ILR Review 50, no. 2 (1997): 237–51. http://dx.doi.org/10.1177/001979399705000203.
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In final offer arbitration the decision of the arbitrator provides the parties with information about the preferences of the arbitrator that is not available prior to the award. Using data from Wisconsin teacher negotiations from 1977 to 1986, the authors find that the information contained in an award altered the parties' expectations about the arbitrator's preferences and influenced the subsequent negotiated settlement. The negotiated settlement following an award was higher when the union's final offer was selected than when the employer's offer was selected. In the round following an award, the variance in negotiated settlements declined, and the wage structure toward which the settlements converged was one that conformed with the arbitrator's views of fairness.
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Wijaya, Cindy. "Pendaftaran Pelaksanaan Putusan Arbitrase Asing yang Belum Final." JURNAL MERCATORIA 12, no. 2 (2019): 80. http://dx.doi.org/10.31289/mercatoria.v12i2.2793.
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Indonesia regulates International Arbitration in the Article 65 to Article 69 of Law Number 30 of 1999. The registered award must always fulfil the requirements in Article 66 in order to be admitted and proceeded, and the applied awards must fulfil the requirements in article 67 in order to obtain exequatur. When the requirements do not meet the terms of engagement, as if the award is not finalized or in an appeal process or put aside, Indonesia may declare to refuse the enforcement. The purpose of the study was to find out about the application of foreign arbitration awards and the response of the District Court of Central Jakarta towards the applied award if the application of the foreign arbitration had not been finalized yet. The result and the discussion was that Law Number 30 of 1999 has not regulate in detail on how the foreign arbitration award can be refused, Therefore, it is necessary to have an amendment and a more detailed regulation on the requirements of application and the reasons for refusing foreign arbitration awards.
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Al-Hawamdeh, Ahmed Mohammad, and Ahmad Abed Alla Alhusban. "Undue Intrusion on Parties’ Autonomy Finally Amended: An Observation of Article 51 of the Jordanian Arbitration Law." Arab Law Quarterly 33, no. 2 (2019): 198–208. http://dx.doi.org/10.1163/15730255-12332009.
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Abstract Before its amendment in 2018, Article 51 of the Jordanian Arbitration Law stated that: ‘if the court nullifies the award, consequently it would render the arbitration agreement nullified’. The newly amendment Article 51 of the Jordanian Arbitration Law reads: ‘If the Court of Cassation […] nullifies the award that should not result in nullifying the arbitration clause unless the arbitration agreement is itself void’. Here we argue that the new amendment was long due as the previous Article unduly intruded on parties’ autonomy. This article was originally submitted before the 2018 amendment of the law and the exact wording of what the article originally suggested was adopted by the new law.
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Amriani, Nurnaningsih. "PENERAPAN PRINSIP KETERBUKAAN ATAS PUTUSAN ARBITRASE ICSID DI INDONESIA DAN PERBANDINGANNYA DENGAN BEBERAPA NEGARA (The Implementation of Transparency Principles for ICSID Arbitration Awards in Indonesia and the Comparison with Several Countries)." Jurnal Hukum dan Peradilan 5, no. 1 (2016): 113. http://dx.doi.org/10.25216/jhp.5.1.2016.113-134.
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Kerahasiaan putusan arbitrase ICSID sudah mulai diterobos dengan keterbukaan putusan atas peluang yang diberikan oleh Pasal 48 ayat (5) Konvensi ICSID dan Aturan 48 ayat (4) ICSID Arbitration Rules. Perubahan norma hukum dari kerahasiaan menjadi keterbukaan putusan arbitrase ICSID dengan membandingkan penerapannya antara negara Indonesia dengan Malaysia, Singapura dan Jepang, diharapkan memberi manfaat yang besar bagi masyarakat secara luas termasuk didalamnya negara anggota ICSID. Hasil penelitian disertasi ini membuktikan bahwa keterbukaan putusan arbitrase ICSID diperlukan daripada kerahasiaan putusan dengan beberapa alasan penting dan tidak menimbulkan masalah. Bahkan membantu mewujudkan pelaksanaan asas pemerintahan yang baik. Melalui tulisan ini akan diketahui perlunya unifikasi hukum mengenai kewajiban publikasi putusan dan perlunya amandemen Undang-Undang Arbitrase di Indonesia. Confidentiality ICSID arbitration award already started breached by the transparency award on the opportunity provided by Article 48 paragraph (5) of the ICSID Convention and Rule 48 paragraph (4) of the ICSID Arbitration Rules. Changes in the legal norms of confidentiality to transparency of ICSID arbitration award by comparing its application in Indonesia, Malaysia, Singapore and Japan, are expected to provide great benefits for society include ICSID member countries. This dissertation research results prove that the ICSID arbitration ruling required transparency rather than confidentiality award for several important reasons and not cause problems. Even it helped realize the implementation of good governance principles. the article will note the need for unification of the laws regarding the responsibility of publication award and the need to amend the Arbitration Law in Indonesia.
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Mann, F. A. "Where is an Award 'made'?" Arbitration International 1, no. 1 (1985): 107–8. http://dx.doi.org/10.1093/arbitration/1.1.107.
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Ahmad Yani Kosali and Dimas Pratama Putra. "Clause of Unlawful Action that May Void Arbitration Rules." Journal of Sustainable Development Science 3, no. 1 (2021): 26–34. http://dx.doi.org/10.46650/jsds.3.1.1063.26-34.
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Arbitration is a way of resolving a civil dispute outside a public court based on an arbitration agreement made in writing by the disputing parties. The problem in this research is whether the Arbitration decision can be overturned by the District Court because it contains clauses of illegal acts?, and What are the forms of illegal acts that can be overturned by the District Court? The type of research used is descriptive normative legal research. From the results of the research, it can be concluded that: An Arbitration Award can be overturned by the District Court because it contains a clause on illegal acts, is a decision that has been tested and examined through a civil court hearing that it is proven based on the evidence submitted by the disputing parties that the arbitration award contains actions against the law. And a form of illegal action that can be annulled by the District Court is a decision that has permanent legal force stating that the arbitration award is proven to have been an illegal act committed by one of the parties.
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Mirza, Farrah Rizky Amelia. "UPAYA HUKUM BAGI PIHAK YANG MENOLAK PUTUSAN ARBITRASE AD-HOC." Solusi 17, no. 3 (2019): 247–57. http://dx.doi.org/10.36546/solusi.v17i3.217.
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Dispute resolution through alternative channels is arbitration known since the conflict with Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Arbitration is a method of civil approval outside the general court made based on an arbitration agreement made by the parties to the dispute. Ad-hoc arbitration is an arbitration specifically designed to resolve or reduce certain disputes, or in other words, ad-hoc arbitration is incidental. Arbitration decisions can be returned if it is agreed to contain no-no in Article 70 letter (a), (b), (c) Law Number 30 Year 1999. Can be proven by one of the disadvantaged parties, it can be asked. Cancellation to the Chair of the District Court and being received by the Chair of the Supreme Court requesting an examination of the cancellation of the arbitration award at the first and last level. The Judicial Review (PK) can also be used in arbitration disputes that have permanent legal requirements, asking PK to be asked to the Supreme Court, which is submitted requesting PK to approve the arbitration decision, will be the decision of the Chair of the District Court to support the cancellation of the award.
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Al-Khazaleh, Shams El-Din Qassem, and Sayel Mofleh Momani. "The Jordanian Legal Regulation for Implementing the Arbitral Award as an Executive Bond in accordance with the Jordanian Execution Law No. 25 of 2007." Journal of Politics and Law 11, no. 4 (2018): 109. http://dx.doi.org/10.5539/jpl.v11n4p109.
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The implementation of the arbitral award is the final stage of the arbitration process, which is the substance of the arbitration agreement, since the control is based on the principle of the authority of the administration and as it is the focus of this research, the arbitration judgment, as well as the implementation of the arbitral award, will be discussed in addition to the terms of the enforceable judgment, as well as judicial control over the execution of the award to reach the result that the legislator was not successful in organizing methods of appeal by arbitration.
The Jordanian legislator adopted the broad concept of executive bonds and then not limited to judgments and decisions, but included official and ordinary bonds and tradable commercial papers. The executive bonds are the documents specified in the law of enforcement or any other law and are the reason for establishing the right to implement execution and Article 6 of the Jordanian Enforcement Law referred to this. In addition, the Jordanian Arbitration Law No. 31 of 2001 approved the implementation of the arbitrators' judgments if the court ruled to uphold these provisions.
The focus of our study was to implement the arbitral award as an executive bond and for its specificity as a judgment issued by natural persons with no jurisdiction. Only derive their task from the will of individuals. The parties to the dispute, but the reality that made the arbitration at the present time of the features that make it more acceptable by individuals to settle their disputes from resorting to the jurisdiction of the state, and respect for the legislator and his quest for stability and security made those decisions executive bonds under certain conditions are implemented through them. It is on this basis that this study is divided into sessions and we will address the concept of arbitral award. Then the implementation of the arbitration award and then we will discuss the terms of the arbitral award and enforceable judicial control over it and then move to the conclusion and its recommendations.
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Caron, D. D., and L. F. Reed. "Post Award Proceedings Under the UNCITRAL Arbitration Rules." Arbitration International 11, no. 4 (1995): 429–54. http://dx.doi.org/10.1093/arbitration/11.4.429.
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Reisman, W. Michael. "Eritrea-Yemen Arbitration (Award, Phase II: Maritime Delimitation)." American Journal of International Law 94, no. 4 (2000): 721–36. http://dx.doi.org/10.2307/2589799.
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Bamodu, ’Gbenga. "Judicial Support for Arbitration in Nigeria: On Interpretation of Aspects of Nigeria's Arbitration and Conciliation Act." Journal of African Law 62, no. 2 (2018): 255–79. http://dx.doi.org/10.1017/s0021855318000098.
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AbstractThe quality of judicial support and respect for the principle of minimum intervention are crucial factors in assessing whether a jurisdiction is attractive for arbitration. While there have been efforts to present Nigeria as an arbitration-friendly jurisdiction and an attractive arbitration venue, questions remain about the adequacy, effectiveness and certainty of legal rules concerning arbitration in Nigeria. There are also questions about the quality and efficiency of judicial support for arbitration in light of some judicial decisions affecting arbitration that have generated controversy. Through a careful analysis of key statutory provisions and judicial decisions, this article analyses support for arbitration in Nigeria in respect of selected topics, including party autonomy, upholding arbitration agreements (especially concerning the stay of judicial proceedings), the stay of arbitration proceedings and third party intervention. The article identifies scope for improvement in statutory and judicial approaches. It makes suggestions concerning both judicial approaches and reform of the statutory regimes.
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Schreuer, Christoph. "The Brčko Award of 14 February 1997." Leiden Journal of International Law 11, no. 1 (1998): 71–80. http://dx.doi.org/10.1017/s0922156598000053.
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The Dayton Accords of 1995 provided for arbitration over the boundary line in the Brčko area of Bosnia. Arbitration took place between the Muslim and Croat Federation and the Republica Srpska. Both party-appointed arbitrators refused to sign the Award. The Award does not draw a boundary line but establishes an international interim supervisory regime. The Tribunal decided on the basis of international law and equity. But it refused to apply the principle of non-recognition of territorial gains obtained in violation of international law. A further decision of the Tribunal is planned by 15 March 1998.
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Giles, Penelope. "Federated Clerks Union of Australia v Victorian Employers Federation." Federal Law Review 15, no. 4 (1985): 348–54. http://dx.doi.org/10.1177/0067205x8501500405.
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Industrial law — Victorian award relating to notification and consultation by employers in relation to proposed technological change — Applicability of principles under the Conciliation and Arbitration Act 1904 (Cth) — Current status of traditional dichotomy between industrial matters and managerial prerogative — Commercial Clerks Award Clause 39 — Industrial Relations Act 1979 (Vic) ss 3(1), 34(1) — Conciliation and Arbitration Act 1904 (Cth)
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Deok Hoon, Lee, and Sung Soo Kim. "Legal System and Arbitration System in Nigeria." Institute for Legal Studies 33, no. 1 (2016): 253–70. http://dx.doi.org/10.18018/hylr.2016.33.1.253.
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Oluduro, Olubayo. "Customary Arbitration in Nigeria: Development and Prospects." African Journal of International and Comparative Law 19, no. 2 (2011): 307–30. http://dx.doi.org/10.3366/ajicl.2011.0014.
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Sethi, Rushmi. "International arbitration: the jurisdictional award inPhilip Morris v Uruguay, and enforcement of arbitration awards." Arbitration International 32, no. 3 (2016): 535–40. http://dx.doi.org/10.1093/arbint/aiw023.
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Sasso, Lorenzo. "The Russian Arbitration Reform: Between Lights and Shadows." Russian Law Journal 8, no. 2 (2020): 79–103. http://dx.doi.org/10.17589/2309-8678-2020-8-2-79-103.
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Russian system of alternative disputes resolution has experienced relevant development over the last few years. On December 2015, the Russian President signed two laws, which entered into force on 1 September 2016 and substantially reshaped the legal framework for arbitration in the Russian Federation. These are the Federal Law on Arbitration and the Federal Law on Amending Certain Legislative Acts, which introduced amendments to various laws including International Commercial Arbitration Law, Arbitrazh (Commercial) Procedural Code and Civil Procedural Code. The present article provides a comment on the key changes introduced by the said reform, compared to the previous state-of-play. Special attention has been given to the validity of the arbitration agreement, the arbitrability of international disputes and the denial of enforcement of an arbitral award for matters of public policy. Starting from the evolution of the Russian Supreme Court’s approach to the ground for refusal of enforcement of an international award, the article discusses the recent judgments of the Russian courts in relation to the enforcement of an arbitral award to identify the lights and shadows of the international arbitration system in Russia.
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Priskich, Vicky. "Binding non-signatories to arbitration agreements—who are persons ‘claiming through or under’ a party?" Arbitration International 35, no. 3 (2019): 375–86. http://dx.doi.org/10.1093/arbint/aiz016.
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Abstract The International Arbitration Acts of the UK, Australia, Singapore, and Hong Kong recognize that third persons who are non-signatories to an arbitration agreement but who are ‘claiming through or under’ a party to the arbitration agreement have the status of a party.1 In the UK and Singapore that status means not only that court proceedings involving such non-signatories may be stayed in favour of arbitration but it also binds them to an award. In Hong Kong that status binds non-signatories to an award. In Australia, that status affects whether court proceedings involving non-signatories are stayed in favour of arbitration. A recent judgment by a majority of Australia’s highest appeal court, the High Court of Australia, in Rinehart v Hancock Prospecting Pty Ltd2 has taken a different approach to that prevailing in England as to the range of persons who are capable of ‘claiming through or under’ a party to the arbitration agreement, thereby significantly expanding the range of disputes involving non-signatories that must be referred to arbitration.3 The issue has not arisen for determination before appellate courts in Singapore or Hong Kong. Rinehart therefore represents an important development in common law jurisdictions, compelling arbitration between a signatory and non-signatory to an arbitration agreement.
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Lane, T. M., and W. S. Morton. "Enforcement of a foreign award in Oman." Arbitration International 2, no. 1 (1986): 75–77. http://dx.doi.org/10.1093/arbitration/2.1.75.
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Weil, Prosper. "Some Observations on the Arbitral Award in the Taba Case." Israel Law Review 23, no. 1 (1989): 1–25. http://dx.doi.org/10.1017/s0021223700009523.
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The following remarks do not constitute a detailed legal commentary on the 29 September 1988 Award delivered by the Arbitration Tribunal, which was established to resolve the dispute between Egypt and Israel regarding the Sinai frontier, particularly in the region of Taba. These remarks do not relate to the origin of the dispute or address the political context in which the arbitration took place. Nor do they dwell on the innovation of introducing, through the Compromis, a conciliation procedure entrusted to a Chamber of the Tribunal in the very midst of the arbitration proceedings. Still less do they make a detailed analysis of the claims of the two parties or of the Tribunal's opinion on each point in dispute. Leaving aside numerous other interesting aspects of the case, the modest purpose of these observations is to shed light on the originality of the position adopted by the Award in two aspects relating to the judicial function in border conflicts. When one considers the place occupied by this type of conflict in judicial disputes and in international arbitration, the interest which this Award deserves, beyond the specific circumstances which generated it, is obvious.
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Hamzah, Munira, Arfin Hamid, and Famauri A. Tenri. "Optimization of Justice Institutions in Cancellation of Sharia Arbitration Decisions." International Journal of Multicultural and Multireligious Understanding 6, no. 5 (2019): 250. http://dx.doi.org/10.18415/ijmmu.v6i5.1076.
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This study aims to examine and analyze the role of the judiciary in the cancellation of the Sharia Arbitration award as an alternative settlement of sharia economic disputes. This research uses a type of normative legal research and a law and conceptual approach. The data obtained both primary and secondary data are then analyzed using qualitative descriptive methods. The results of the analysis show that the judiciary has the authority to adjudicate requests to cancel the Sharia Arbitration decision, namely the Religious Courts as a forum that represents Islamic justice in Indonesia. With this authority granted, the Religious Courts have the authority to examine at the same time the substance of the reasons for canceling the Sharia Arbitration award which is included in a criminal act which, in general terms, is the authority of the District Court. Therefore, it is necessary to have an arrangement that reinforces the authority of the Religious Court in canceling the Sharia Arbitration award so that it can more effectively support the enforcement of the sharia economy.
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Jain, Saarthak, and Kashish Makkar. "The dilution of interim anti-arbitration injunctions in Devi Resources: pro-enforcement approach gone too far?" Arbitration International 36, no. 2 (2020): 297–303. http://dx.doi.org/10.1093/arbint/aiaa012.
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Abstract Keeping in line with India’s ‘pro-arbitration’ approach, the Calcutta High Court in Devi Resources Ltd v Ambo Exports Ltd recently refused an application seeking to restrain the enforcement of an arbitral award on the ground that the award was passed in violation of an interim anti-arbitration injunction. The Court based its reasoning on the fact that the injunction was ultimately vacated at a later stage (after the award had already been passed), and once such interim injunction has been set aside, it would imply that the injunction had never been passed. On the face of it, this decision seems to be an illustration of Indian courts’ awareness of the importance of minimal intervention in the scheme of promoting international commercial arbitrations. However, on a closer look, one finds that the court’s decision does more harm than good by legitimizing the violation of an anti-arbitration injunction without any consequences. The present article examines the ruling in Devi Resources. It also explores the policy implications of the Court’s decision on the efficacy of anti-arbitration injunctions.
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Bowett, D. W. "The Taba Award of 29 September 1988." Israel Law Review 23, no. 4 (1989): 429–42. http://dx.doi.org/10.1017/s002122370000964x.
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This was an important award because it concerned the implementation of the Treaty of Peace of March 1979 between Israel and Egypt. Israel's obligation to withdraw “behind the international boundary” could not be implemented to the satisfaction of both parties so long as there existed a disagreement over the location of that boundary.The Joint Commission established pursuant to Article IV of the Peace Treaty, a body of military personnel, finally identified some 14 boundary pillars the location of which remained disputed. And, since Article VII of the Peace Treaty required reference to conciliation or arbitration of disputes not resolved by negotiations, the dispute over the location of these boundary pillars was referred to arbitration by the Compromis of 11 September 1986.
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Tanaka, Yoshifumi. "Reflections on the Philippines/China Arbitration." Law & Practice of International Courts and Tribunals 15, no. 2 (2016): 305–25. http://dx.doi.org/10.1163/15718034-12341324.
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The South China Sea dispute between the Philippines and China can be viewed as a mixed dispute that involves both territorial and maritime issues. In this regard, an issue arises concerning whether an Annex vii Arbitral Tribunal under the un Convention on the Law of the Sea can adjudicate a mixed dispute. The Philippines/China arbitral award of 29 October 2015, along with the 2015 Mauritius/United Kingdom arbitration, sheds some light on this issue. Furthermore, with regard to Article 281 of the Convention, the Tribunal in the Philippines/China arbitration adopted an interpretation that is different from the interpretation adopted by the Annex vii Arbitral Tribunal in the 2000 Southern Bluefin Tuna arbitration. The Philippines/China arbitral award provides important insight into the interpretation of Article 281. In addition, the Tribunal’s treatment of China’s informal communications merits particular attention.
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Juratowitch, Ben. "FORA NON CONVENIENS FOR ENFORCEMENT OF ARBITRAL AWARDS AGAINST STATES." International and Comparative Law Quarterly 63, no. 2 (2014): 477–90. http://dx.doi.org/10.1017/s0020589314000086.
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AbstractIn Figueiredo Ferraz v Peru the US Court of Appeals, Second Circuit, deployed the doctrine of forum non conveniens to decline to enforce an arbitral award against Peru. The award had been rendered in Peru and the successful party in the arbitration sought to enforce it against Peru's assets in New York. This article argues that, contrary to the Second Circuit's approach, when the merits of a dispute are decided in an arbitration seated in one jurisdiction and the arbitral award is then presented to a court in another jurisdiction for enforcement against the award debtor and its assets within the jurisdiction of that court, neither forum non conveniens nor any rule performing the same function should arise.
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., Vunieta, and Walida Ahsana Haque. "LEGAL PROTECTION AGAINST THE FAILURE TO COMPENSATE ON INTERNATIONAL INVESTMENT DISPUTE." Yustisia Jurnal Hukum 8, no. 2 (2019): 205. http://dx.doi.org/10.20961/yustisia.v8i2.28490.
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A dispute between two or more countries involved in a foreign investment may arises<br />from investment agreement agreed upon by the parties. If one of the parties breaches<br />the agreement, the parties will automatically agree to resolve the dispute to the agreed<br />arbitration forum based on the dispute settlement clause on the agreement, those<br />forum such as the ICSID arbitration. Therefore, the existence of dispute settlement<br />clause on an investment agreement (Bilateral Investment Treaty) is very necessary.<br />The result of the above-mentioned arbitration proceeding is a binding and final<br />decision for the parties. An arbitral award, should contain relief or compensation<br />set by the arbitrator as the result of the proceeding. The reliefs are given as orders to<br />indemnify the damages obtained by Claimant. Issues arises when Respondent has been<br />proven to have done detrimental damage to the Claimant yet Respondent deliberately<br />neglected his/her obligation to compensate Claimant accordingly based on the relief/<br />compensation specified in the award. The non-compliance of the Respondent to<br />fulfill the compensation obligation is due to the fact that the party habitually assume<br />that the arbitration award does not have the legal force equivalent to the decision<br />of general court, even though the nature of the award is final and binding. Thus the<br />interests and rights of the Applicant who has been declared entitled to compensation<br />based on the arbitration award must be protected so that their rights can be fulfilled<br />according to the law.
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Zajc, Marko. "The Border Monster Refuses to Die." Südosteuropa 66, no. 1 (2018): 119–30. http://dx.doi.org/10.1515/soeu-2018-0007.
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Abstract The author contextualizes the Final Award issued on 29 June 2017 by the Permanent Court of Arbitration in The Hague on the Slovenian-Croatian border dispute, a dispute which began in 1991 when the two Yugoslav republics became independent states. After joining the European Union in 2004, Slovenia began to use its membership to attempt to force its neighbour to agree to its terms. In November 2009 the two countries signed an Arbitration Agreement that temporarily solved the problem. The Final Award of the Court of Arbitration in The Hague of June 2017 has not been acknowledged by Croatia, though, on the ground of an audio surveillance scandal in 2015 that involved a Slovenian arbitrator. The Slovenian side has advocated the Final Award of the Tribunal as the only legal, internationally binding, and “European” solution to the border question, while the Croatian side continues to ignore the tribunal’s disposition.
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Newmark, C., and R. Hill. "Can a Mediated Settlement Become an Enforceable Arbitration Award?" Arbitration International 16, no. 1 (2000): 81–88. http://dx.doi.org/10.1093/arbitration/16.1.81.
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Song, L. "Award of Interest in Arbitration under Article 78 CISG." Uniform Law Review - Revue de droit uniforme 12, no. 4 (2007): 719–31. http://dx.doi.org/10.1093/ulr/12.4.719.
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de La Fayette, Louise. "The Award in the Canada-France Maritime Boundary Arbitration." International Journal of Marine and Coastal Law 8, no. 1 (1993): 77–103. http://dx.doi.org/10.1163/157180893x00224.
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van Blankenstein, A. "Enforcement of an Arbitral Award against a State: with Whom are You Dealing?" Leiden Journal of International Law 6, no. 2 (1993): 357–74. http://dx.doi.org/10.1017/s0922156500002739.
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The effort to attract commercial arbitration to the Permanent Court of Arbitration [hereinafter PCA] in 1962 by introducing the Rules of Arbitration and Conciliation for Settlement of International Disputes between Two Parties of Which only One is a State [hereinafter the 1962 Rules], has met with little success. In other articles of this issue of the Leiden Journal of International Law the reasons for this failure are discussed. These articles also contain suggestions on how changes in the legal framework and the administration of the PCA may improve this situation.
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Ereciński, Tadeusz. "O kilku problemach działalności arbitrażu w Polsce." Studia Iuridica 75 (October 23, 2018): 59–67. http://dx.doi.org/10.5604/01.3001.0012.6909.
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Lawyers involved in arbitration have doubts about the accuracy of the direction in which the current practice of arbitration is proceeding. One of the main practical issues of arbitration was the issue of conflicts of interest, arbitration costs, the ethos of arbitration. In Poland, arbitration proceedings took too long. The author partly criticizes the provisions of the Act of 10 September 2015 on the amendment of certain acts in connection with the support of amicable dispute resolution methods, which among others concerns the shortening of the post-arbitration proceedings. The legislator adopted defective criteria for determining the venue of court of appeal in cases related to the complaint to set aside the arbitration award.
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Panjaitan, Hulman. "PELAKSANAAN PUTUSAN ARBITRASE DI INDONESIA." to-ra 4, no. 1 (2018): 29. http://dx.doi.org/10.33541/tora.v4i1.1170.
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Abstract
Dispute resolution through arbitration has many bene ts, so that the parties prefer to settle their dispute through an arbitration body compared to general justice which requires a long time and relatively large costs. Encouraged by this awareness and future preparations, the Indonesian government has issued Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This law has regulated how the proceedings before arbitration and the procedure for implementing the award, both national and international in nature.
Keywords: arbitration; Indonesian government; UU No. 30 Tahun 1999; regulation.
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Schreuer, Christoph. "The Brčko Supplemental Award of 15 March 1998." Leiden Journal of International Law 11, no. 3 (1998): 493–95. http://dx.doi.org/10.1017/s0922156598000351.
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The Dayton Accords of 1995 for Peace in Bosnia and Herzegovina provided for arbitration over the boundary line in the Brćko area of Bosnia. Arbitration took place between the Muslim and Croat Federation and the Republika Srpska. Both party appointed arbitrators refused to sign the Award. The Award of 14 February 1997 did not draw a boundary line but established an international interim supervisory regime. The Tribunal decided on the basis of international law and equity, but it refused to apply the principle of non-recognition of territorial gains obtained in violation of international law. On 15 March 1998 the Arbitral Tribunal handed down a Supplemental Award. This holds out the prospect of a further decision by the Tribunal in early 1999.
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Schreuer, Christoph. "The Brčko Final Award of 5 March 1999." Leiden Journal of International Law 12, no. 3 (1999): 575–81. http://dx.doi.org/10.1017/s0922156599000291.
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The Dayton Accords of 1995 for Peace in Bosnia and Herzegovina provided for arbitration over the boundary line in the Brčko area of Bosnia. Arbitration took place between the Muslim and Croat Federation and the Republika Srpska. The Award of 14 February 1997 did not draw a boundary line but established an international interim supervisory regime. On 15 March 1998 the Arbitral Tribunal handed down a Supplemental Award which extended the interim regime pending further action by the Tribunal. The Final Award of 5 March 1999 establishes a permanent self-governing Brčko District government that is independent of the two entities. The Tribunal reserves the authority to revise its decision in case of a failure of either party to cooperate in the implementation of the new regime.
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McDonald, Michael. "The Vehicle Industry Occupational Health and Safety Award, 1986." Journal of Industrial Relations 31, no. 1 (1989): 69–81. http://dx.doi.org/10.1177/002218568903100104.
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Before 1986 the regulation of occupational health and safety fell solely within the domain of the states, both through legislation and the activities of state inspectorates. This pattern of regulation was broken in 1986 with the making of the Vehicle Industry Occupational Health and Safety Award by the Australian Conciliation and Arbitration Commission. This article examines the enforcement provisions of the award, and, in particular, the extent to which these provide lower standards of regulation than the provisions of the Victorian Occupational Health and Safety Act, 1985. An examination of the award also discloses a complex interphase of activity between state inspectorates, which will have certain residual activities under state legislation not affected by the award, and members of the federal Arbitration Inspectorate, who have the task of enforcing the award. The article concludes that the federal inspectorate has neither the resources nor the expertise to properly enforce an award regulating occupational health and safety.
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Dubey, Yash. "Analysis of Public Policy and Enforcement of Domestic and Foreign Arbitral Awards in India." Christ University Law Journal 7, no. 2 (2018): 63–82. http://dx.doi.org/10.12728/culj.13.4.
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The Public Policy doctrine is an unruly horse in India, when it comes to the enforcement of domestic and foreign awards. The main objective behind choosing this topic was to shed light on how public policy has been used by the losing party, in delaying the enforcement of arbitral award, which hampers the whole objective of arbitration. Though one may argue that the 2015 Amendment Act has settled all the controversies regarding public policy and enforcement of arbitral award, the author is of the opinion that there are still some areas that are left unexplored by the Arbitration Amendment Act. The paper primarily focuses on the changing trend of public policy with respect to arbitration in India. In addition, the author has compared the doctrine of public policy in India with that of countries such as France, Russia, United Kingdom and U.SA. The most important contribution of this research paper is that it analyses the validity of patent illegality in domestic arbitration.
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Wingate, Emmanuel Onyedi. "Qualifications for Party Representatives and Arbitrators in Nigerian Arbitration: Shell v Federal Inland Revenue Service." Journal of African Law 64, no. 3 (2020): 451–61. http://dx.doi.org/10.1017/s0021855320000170.
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AbstractNigeria's Court of Appeal held in Shell v Federal Inland Revenue Service (Shell v FIRS) that only Nigerian enrolled legal practitioners can sign processes for arbitration proceedings in Nigeria. Foreign qualified legal practitioners (FQLP) not enrolled in Nigeria are excluded. Arguably, this limitation extends to the conduct of the parties’ cases and excludes FQLP from appointment as arbitrators where the arbitration agreement specifies that arbitrators be legal practitioners. Shell v FIRS however, contrasts with Stabilini Visinoni v Mallinson, in which the same Court of Appeal had emphasized the flexibility of the arbitral process (which typifies judicial policy in any arbitration-friendly jurisdiction), particularly recognizing that arbitration practice is open to lawyers and non-lawyers alike. Consequently, this note recommends that Nigeria's Arbitration Act be amended to allow for representation by “persons” of the parties’ choice, mirroring the IBA Guidelines on Party Representation in International Arbitration 2013 and article 5 of the UNCITRAL Arbitration Rules 2010.