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Journal articles on the topic 'Arbitration clause'

Author: Grafiati

Published: 4 June 2021

Last updated: 26 July 2025

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1

Mahafzah, Qais Ali, and Mohammad Taha Alflaieh. "Proper Legal Drafting of Arbitration Clauses." Journal of Law and Sustainable Development 11, no. 12 (2023): e1948. http://dx.doi.org/10.55908/sdgs.v11i12.1948.

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Objective: This article analyses the main and necessary features on drafting an arbitration clause properly. Thus, the article identifies and debates the major points that shall be considered in drafting arbitration clauses, namely, ambiguity of drafting, scope of arbitration, institutional or ad hoc arbitration, international or domestic arbitration, choosing the place and seat of arbitration, choosing arbitrators, language of arbitration, and reconciliation before entering into arbitration. This article does not contest that we shall have a uniform or standard template for arbitration clause

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2

Alqudah, Mutasim Ahmad. "Alleviating Jurisdictional Uncertainty: An Arbitration Clause or a Jurisdiction Clause?" Business Law Review 37, Issue 4 (2016): 124–28. http://dx.doi.org/10.54648/bula2016025.

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Disputes arising from commercial contracts involving foreign elements can be subject to litigation in many forums. Jurisdictional uncertainty has a very negative impact on engagement in international commerce. This uncertainty can be mitigated by the incorporation of either an arbitration clause or a jurisdiction clause. This article undertakes a comparative analysis of arbitration and jurisdiction clauses to show that reliance on an arbitration clause will provide parties to an international contract of commerce with a higher level of certainty. As this article clarifies, courts’ discretionar

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Al-Sofani, Abdullah Khaled. "A Theoretic Study in Light of the Jordanian Arbitration Law: The Problem of Arbitration Clauses." Business Law Review 32, Issue 10 (2011): 253–56. http://dx.doi.org/10.54648/bula2011062.

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Despite the novelty of adopting arbitration clauses by the Jordanian legislator as a tool to resolve disputes, and despite expansion in this field, this indeed led to developing a business transactions system, which positively affected the promotion of the Jordanian economy through the resolution of disputes arising between investors within the required time frame. This expansion could be a threat to arbitrating parties who, with an arbitration clause omitting the reference to courts, the latter providing securities that arbitrating parties cannot avoid this risk unless they are aware of the r

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Mohs, Florian, and Ingeborg Schwenzer. "Arbitration Clauses in Chains of Contracts." ASA Bulletin 27, Issue 2 (2009): 213–35. http://dx.doi.org/10.54648/asab2009022.

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To foster multi-party arbitrations French, US, and Austrian law allow, with significant nuances, for the extension of arbitration clauses through chains of contracts to claims by the ultimate buyer as a third party to the contract containing the arbitration clause against the first seller/manufacturer. The possibility of an extension of an arbitration clause in the case of a chain of contracts is inextricably intertwined with the substantive law question of whether or not the ultimate buyer may take direct recourse against a remote seller. Its admissibility cannot be regarded as a principle of

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Shore, Laurence, Vittoria De Benedetti, and Mario de Nitto Personè. "A Pathology (Yet) to Be Cured?" Journal of International Arbitration 39, Issue 3 (2022): 365–78. http://dx.doi.org/10.54648/joia2022016.

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Fifty years ago, Frédéric Eisemann coined the expression ‘pathological clause’ to refer to arbitration clauses that substantially deviate from the essential requirements of a model clause. However, arbitration practitioners have not yet learned their lesson; the matter of pathology is far from being outdated. Arbitration clauses may be pathological if they do not provide for mandatory referrals to arbitration proceedings, or do not meet certain other requirements to provide for a workable arbitration procedure, or contain a reference to non-existing arbitral institutions and/or arbitral rules,

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Longo Zocal, Raul. "Cláusula compromissória condicionada: estipulação e implementação." Revista Brasileira de Arbitragem 20, Issue 79 (2023): 7–25. http://dx.doi.org/10.54648/rba2023022.

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The article describes whether the parties may or not agree on conditions for arbitration clauses. Although every arbitration clause is conditioned to the rise of a conflict (a future and uncertain event that gives effect to the arbitration clauses), the article focuses on conditions that the parties may consider relevant to their goals or concerns. The article discusses the interpretation of the conditioned arbitration clause to evaluate its legality and application in cases. The article also discusses the analysis of the implementation of the condition, which gives grounds for the arbitrator’

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Garza, Rafael Ibarra. "Un Rompimiento con el Paradigma Convencional del Arbitraje. El Caso de la Clausula Compromisoria Incluida en un Fideicomiso-trust." Revista Brasileira de Arbitragem 11, Issue 44 (2014): 100–111. http://dx.doi.org/10.54648/rba2014057.

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ABSTRACT: The fideicomisos and trusts are similar institutions from different legal systems. Because of the advantages of arbitration it is not a surprise to find arbitration clauses in the instruments of such legal mechanisms. However, there is an obstacle to the effectiveness of the arbitration clause; this obstacle is the lack of acceptance of the beneficiaries of the arbitration clause. Lack of consent is due to the structure of the fideicomiso and the trust. Despite this obstacle, there are theories and legislations that support the effectiveness of arbitration clauses in trust instrument

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Pargendler, Mariana, Viviane Muller Prado, Ezequiel Fajreldines Santos, and Dalila Martins Viol. "Cláusulas arbitrais em números no mercado de capitais brasileiro." Revista Brasileira de Arbitragem 19, Issue 75 (2022): 59–69. http://dx.doi.org/10.54648/rba2022028.

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This empirical study updates and extends research published in 2014 on the use of arbitration clauses by publicly traded companies in Brazil to elucidate the current state and recent developments in the field of arbitration in Brazilian capital markets. In 2021, 234 publicly traded companies had arbitration clauses in their corporate charter, amounting to 61% of companies listed on B3. Even in the Traditional and Level 1 segments, where arbitration is not mandatory, 27% of the companies had arbitration clauses in their corporate charter, compared to only 15% in 2013. In addition, among the 41%

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Seedat, Saleem. "Staring into voidness — Courts grapple with arbitration clauses in tainted contracts." South African Law Journal 141, no. 1 (2024): 143–68. http://dx.doi.org/10.47348/salj/v141/i1a7.

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Arbitration has a noble lineage that stretches back into time. It has evolved from a simple attempt to resolve disputes in the presence of a local authority to a more technical presentation before an independent arbiter. In South Africa, arbitrations have statutory recognition. This article focuses on an arbitration clause that is embedded in a substantive agreement where the agreement was induced by fraudulent misrepresentation by a party to the agreement. The general principles of the law of contract would dictate that fraud makes the contract voidable at the instance of the innocent party.

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Zhang, Yunbo. "The Study on the Effectiveness of Arbitration Clauses in International Commercial Arbitration – From the Perspective of Contract Non-Formation." Athens Journal of Law 9, no. 3 (2023): 493–508. http://dx.doi.org/10.30958/ajl.9-3-10.

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This study belongs to a more specific project, aiming at exploring the issue of the validity of arbitration clauses in international commercial arbitration when the main contract is not established, and addressing the issue of determining the validity of arbitration clauses in transnational commercial disputes to provide commercial operators, arbitrators or judges with guidelines and references for their ideas. This study is based on the classical jurisprudence of private international law, common law, and international commercial arbitration. Furthermore, based on the customs of international

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Bizeau, Marie-Laure, and Aleksandra Fedosova. "‘Forum of Necessity’: Using French Law’s ‘Juge d’appui’ in Foreign-Seated Arbitrations as a Cure for Denial of Justice." Journal of International Arbitration 39, Issue 5 (2022): 749–64. http://dx.doi.org/10.54648/joia2022032.

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This article explains how French arbitration law enables a party to turn to the French courts for arbitrations seated outside of France, when faced with the risk of denial of justice. It describes the jurisdiction and role of the French ‘juge d’appui’ (or ‘supporting judge’), in preventing a denial of justice in arbitrations that bear no connection to France. An analysis of French arbitration law and jurisprudence demonstrates that the French supporting judge is an effective solution to prevent a denial of justice when the arbitration agreement does not provide for a supporting judge. juge d’a

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Conaglen, Matthew. "THE ENFORCEABILITY OF ARBITRATION CLAUSES IN TRUSTS." Cambridge Law Journal 74, no. 3 (2015): 450–79. http://dx.doi.org/10.1017/s0008197315000653.

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AbstractThis article considers the enforceability of arbitration clauses which are included in trust documentation. It focuses on two main questions. The first is whether internal trust disputes are capable of being settled by arbitration. The article offers arguments in favour of the arbitrability of such disputes. It then addresses the question of whether parties to an internal trust dispute can be forced to arbitrate, rather than litigate, where the trust documentation contains an arbitration clause. It is argued that there are real difficulties in the argument that such clauses can be enfo

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Footer, Mary E. "Umbrella Clauses and Widely-Formulated Arbitration Clauses: Discerning the Limits of icsid Jurisdiction." Law & Practice of International Courts and Tribunals 16, no. 1 (2017): 87–107. http://dx.doi.org/10.1163/15718034-12341343.

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This article examines the scope and the limits of icsid arbitration involving umbrella or “observance of undertakings” clauses and widely-formulated arbitration clauses, both of which may provide investors with broad recourse to dispute settlement for disputes related to investment, as defined in the applicable bilateral investment treaty (bit). It does so by analysing the origins and rationale behind both clauses as well as how they operate in principle and in practice. It appears there is no jurisprudence constante concerning the application of either clause. However, a clearer picture is em

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Sapsudin, Asep, Halimah Zahrah, and Dora Rubiyanti. "Settlement of Business Disputes Through Arbitration Clauses at the Indonesian National Arbitration Board." Journal of Law, Politic and Humanities 5, no. 5 (2025): 3615–19. https://doi.org/10.38035/jlph.v5i5.1937.

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A Arbitration is an out-of-court method of resolving business disputes. In Indonesia, BANI (Indonesian National Arbitration Board) oversees the arbitration process and provides standard clauses that must be contained in contracts if arbitration is chosen. This study belongs to normative law by utilizing secondary information from various legal references (main, supporting, additional) processed through systematization and harmonization. The arbitration clause functions as a contract safeguard, ensuring legal certainty by binding the parties to resolve disputes based on an agreement. The Arbitr

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Berger, Klaus Peter. "Contractual Arbitration Clauses and Non-Contractual Claims." Journal of International Arbitration 40, Issue 2 (2023): 105–24. http://dx.doi.org/10.54648/joia2023006.

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Are non-contractual claims such as tort claims covered by standard arbitration clauses? Italian arbitration law contains a provision which seems to resolve this issue in favour of arbitration but which is interpreted restrictively by the Italian Court of Cassation. In other jurisdictions, the traditional approach was to find the answer by interpreting the wording of the clause. The modern view is to focus instead on the requirement of ‘factual equivalence’ between the non-contractual claim and the performance of the contract that contains the arbitration clause. Non-Contractual Claims, Princip

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Gulzar, Unanza. "Evaluation of Drafting and Interpretation of Arbitration Clauses in Commercial Contracts." International Journal of Forensic Sciences 9, no. 2 (2024): 1–10. http://dx.doi.org/10.23880/ijfsc-16000387.

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Arbitration clauses serve as vital mechanisms for dispute resolution in commercial contracts, providing parties with an alternative to traditional litigation. However, the effectiveness of arbitration hinges greatly on the precision and clarity of the clauses drafted within contracts. This article evaluates the drafting and interpretation of arbitration clauses in commercial contracts, scrutinizing the language employed, the specificity of provisions, and the considerations for effective implementation. Drawing on legal principles, case law, and practical insights, this article analysis delves

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Terentyeva, L. V. "Legal Nature of Clauses Determining Arbitration Centers Resolving Disputes under the UDRP." Lex Russica 73, no. 6 (2020): 44–60. http://dx.doi.org/10.17803/1729-5920.2020.163.6.044-060.

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Recent legislative amendments regarding an arbitration agreement incorporated into the agreement of accession have contributed to the formation of the concept in the Russian doctrine giving additional argumentation in favor of qualifying clauses envisaging the consideration of domain disputes under the UDRP as arbitration agreements. Taking into account a number of procedural and legal consequences determined by both the fact of the conclusion of the arbitration agreement and the fact of the award, the author raises the question of the nature of clauses providing for the consideration of dispu

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Bersheda, Tetiana. "Les clauses d’arbitrage statutaires en droit suisse." ASA Bulletin 27, Issue 4 (2009): 691–716. http://dx.doi.org/10.54648/asab2009064.

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The expansion of arbitration towards company law is an obvious reality in light of present developments at an international level, in foreign law and in the practice of certain large companies. The particular problems inherent to company law generate a leverage effect and accentuate the importance of the advantages of this method of dispute settlement. Despite the uncertainties and open questions relating to the formation and scope of arbitration clauses contained in the articles of association, such clauses are likely to become more commonly used. The liberal character of the Swiss law of int

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Stebler, Simone. "The Problem of Conflicting Arbitration and Forum Selection Clauses." ASA Bulletin 31, Issue 1 (2013): 27–44. http://dx.doi.org/10.54648/asab2013005.

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The paper presents the peculiar problem that arises when a contract provides for an arbitration clause and, at the same time, sets forth a forum selection clause. Due to their differing effects, the existence of both clauses confronts courts and arbitral tribunals with questions as to their validity and scope. A review of various court decisions from multiple jurisdictions and arbitral awards indicates that courts and arbitral tribunals have adopted different approaches in tackling these issues, notably the following: (i) resort to a hard and fast rule, presuming the superiority of either clau

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Goldby, Miriam. "INCORPORATION OF CHARTERPARTY ARBITRATION CLAUSES INTO BILLS OF LADING: RECENT DEVELOPMENTS." Denning Law Journal 19, no. 1 (2012): 171–80. http://dx.doi.org/10.5750/dlj.v19i1.382.

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This article looks at two recent court decisions and one recent arbitral award which help to clarify the position of English Law with regard to incorporation of charterparty arbitration clauses into bills of lading. It starts by giving a brief overview of past decisions of the English Courts on this issue. It proceeds to consider recent developments and to draw conclusions therefrom. Most bills of lading contain jurisdiction clauses providing that parties are to resolve any disputes arising in connection with the contract of carriage contained in the bill through litigation in the courts. Wher

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Wenger, Werner. "Polyvalente Schieds(gutachtens)klauseln Anmerkungen zu BGE 142 III 220." ASA Bulletin 34, Issue 4 (2016): 914–23. http://dx.doi.org/10.54648/asab2016078.

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In the decision reported above, the Swiss Federal Supreme Court dealt with a clause inserted by two co-owners in the rules of administration relating to the building they owned. The clause provided for the appointment of a neutral in the event that the two owners could not reach a unanimous decision in matters relating to their co-ownership; in such event, the neutral’s decision was to stand in lieu of the co-owners’ resolution. Based on such clause, co-owner B initiated arbitration proceedings against co-owner A with regard to the former’s request that the co-ownership initiate court proceedi

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Hur, Yunseok, and Jaewoong Yoon. "Application of Umbrella and Most Favored Nation Clauses Related to Restrictions Imposed on the Ratione Materiae of an Arbitration Clause." Korean Academy Of International Commerce 38, no. 1 (2023): 85–102. http://dx.doi.org/10.18104/kalc.2023.38.1.85.

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Purpose: This study analyses the umbrella clause and the most favored nation clause by focusing on A11Y Ltd. v. Czech Republic issued under international commercial arbitration. Research design, data, and methodology: Typical case analysis deals with the issues surrounding the selection of applicable cases for international commercial arbitration. Results: Under the arbitration clause, which explicitly excludes disputes regarding the FET clause and the non-discrimination clause, it is not acceptable to invoke both clauses through an umbrella clause. Conclusions: Above all, fr

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Suryana, Muchamad Iksan, Agus Prihartono PS, and Anne Gunawati. "LEGAL REVIEW RELATING TO CANCELLATION OF ARBITRATION AWARDS THAT ARE ALREADY POWERFUL (INKRACHT) AND FINAL RELATED TO ARBITRATION LAW NO. 30 OF 1999 CONCERNING ARBITRATION CASE STUDY PT. KRAKATAU POSCO AGAINST INDONESIAN NATIONAL ARBITRATION BOARD, DKK AT SERANG STATE COURT." JHR (Jurnal Hukum Replik) 11, no. 2 (2023): 222. http://dx.doi.org/10.31000/jhr.v11i2.8391.

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In this thesis, the author discusses the determination of several deviations related to the cancellation of the Arbitration Award as regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In this case, the parties and the judges themselves tend to ignore the existence of the Arbitration Institution, the agreement on the absence of an Arbitration Clause is considered a fake document and a deception by the Arbitration Applicant. Krakatau Posco (Arbitration Applicant) against the National Arbitration Board (Arbitration Respondent I) and PT. Krakatau Enggerin

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Xianwei, Peng. "Validity of the “Beijing Arbitration” Clause — A Discussion of Two Landmark Civil Rulings of the Chinese Supreme People’s Court." Journal of International Arbitration 28, Issue 1 (2011): 15–20. http://dx.doi.org/10.54648/joia2011002.

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Under Chinese arbitration law, there exists a special requirement that for an arbitration clause to be valid, the arbitration institute must be designated. This article analyses the reasons for this requirement and in particular, considers two civil rulings delivered by the Chinese Supreme People’s Court in 2009 invalidating clauses which simply provide for “Beijing Arbitration.”

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Bakhshali Zeynalli, Nargiz. "MOST-FAVORED NATION TREATMENT CLAUSE IN INVESTMENT ARBITRATION." SCIENTIFIC WORK 65, no. 04 (2021): 379–82. http://dx.doi.org/10.36719/2663-4619/65/379-382.

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Bilateral and regional investment agreements have proliferated in the last decade and new ones are still being negotiated. Most-Favored-Nation (MFN) clauses link investment agreements by ensuring that the parties to one treaty provide treatment no less favorable than the treatment they provide under other treaties in areas covered by the clause. MFN clauses have thus become a significant instrument of economic liberalization in the investment area. Moreover, by giving the investors of all the parties benefiting from a country’s MFN clause the right, in similar circumstances, to treatment no le

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Ceronja, Petar. "Širenje učinaka arbitražne klauzule na treće putem proboja pravne osobnosti." Zbornik Pravnog fakulteta u Zagrebu 72, no. 1-2 (2022): 727–53. http://dx.doi.org/10.3935/zpfz.72.12.22.

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The paper elaborates the possibility of extending the arbitration clause to entities which are not formal parties to the arbitration agreement (Non-Signatories) through the piercing of the corporate veil. Piercing of the corporate veil is a company law concept through which separate legal existence of a company is being disregarded (pierced) in order for the creditors to be able to expand their claims against the company to assets or other rights of the company's shareholders. Basic substantive company law standards for piercing the corporate veil are explained. A stance is taken that under Cr

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Gupta, Aanchal. "Litigating the Arbitration Clause: Considering Uber-Driver Arbitration in India." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 90, Issue 4 (2024): 517–35. http://dx.doi.org/10.54648/amdm2024039.

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In Canada, hundreds of Uber drivers came together for a class action lawsuit against Uber seeking benefits under Ontario employment laws. In India, drivers engaged by an instant delivery service platform went on strike against a new pay structure under which the minimum pay-out per delivery was reduced, leading to a drop in the earnings of the service provider by 50% per day. The terms of service form part of standard form non-negotiable agreements. Companies that include a mandatory arbitration clause with such standard form contracts are increasingly facing lawsuits across jurisdictions. The

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Barradas, Rodrigo, and Jorge Vázquez. "Baseball Arbitration as a Suitable Alternative for Construction and Real Estate Disputes." Journal of International Arbitration 40, Issue 2 (2023): 211–30. http://dx.doi.org/10.54648/joia2023010.

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Baseball Arbitration (or Final Offer Arbitration (FOA)) is a dispute resolution mechanism to resolve controversies where each party submits a final offer. The arbitral tribunal must then decide by picking only one of these proposals. Given the arbitrators’ powers’ limitations, these proceedings are usually shorter and less expensive than traditional dispute resolution mechanisms. In addition, contrary to conventional arbitration, parties tend not to assume unrealistic or extreme positions, which could promote amicable settlement since it is an all-or-nothing proceeding. FOA could effectively r

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Studti, Brendan Lyall. "Notes: Multi-tiered dispute resolution clauses — Peremptory steps or too vague to matter?" South African Law Journal 139, no. 3 (2022): 511–25. http://dx.doi.org/10.47348/salj/v139/i3a2.

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Multi-tiered dispute resolution clauses in agreements in South Africa are prevalent. In many instances these clauses provide for a sequence of dispute resolution processes, often commencing with negotiation, followed by mediation, and then, finally, arbitration. Arbitrators and parties to these clauses need to consider whether the preconditions to arbitration are sufficiently certain to be enforceable and whether they have been fulfilled. The issue has received little attention in South Africa but there is a considerable body of foreign case law on the topic. According to foreign precedent, it

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Qu, Guangyi, and Wei Shen. "Public Health and Investment Protection in the Context of the COVID-19 Pandemic—From the Sustainable Perspective of Exception Clauses." Sustainability 14, no. 11 (2022): 6523. http://dx.doi.org/10.3390/su14116523.

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In response to the COVID-19 pandemic, various preventive and controlling measures have been taken by host states but may damage the interests of foreign investors and consequently result in international investment disputes. Confronted with potential international investment arbitration, the exceptions clause in international investment law is one of the host state’s defences. However, the public health exception clause is a general exception clause with uncertainty when investment arbitration takes place and investment arbitral tribunals interpret it. In the international society, sustainable

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Veziroglu, Cem. "Arbitration of Corporate Law Disputes in Joint Stock Companies under Turkish Law: A Comparative Analysis." European Company and Financial Law Review 16, no. 6 (2019): 771–806. http://dx.doi.org/10.1515/ecfr-2019-0025.

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This study addresses the arbitrability of corporate law disputes and the validity of arbitration clauses stipulated in the articles of association (AoA) of joint stock companies, and compares Turkish law with German and Swiss jurisdictions in particular. While corporate law disputes are considered arbitrable, disputes concerning invalidity of corporate decisions and actions for dissolution are heavily debated. The paper argues that both types of disputes are arbitrable, albeit judicial dissolution requests accommodate practical hurdles. It is also argued that arbitral awards should be granted

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Liu, Jia-Jia, and Nak-Hyun Han. "Applicability of a Fork-in-the-Road Clause and the Res Judicata Principle in International Commercial Arbitration." Korean Academy Of International Commerce 38, no. 1 (2023): 103–19. http://dx.doi.org/10.18104/kalc.2023.38.1.103.

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Purpose: By analyzing the res judicata principle and the fork-in-the-road clause, which are frequently at issue in international commercial arbitration, this study presents the implications related to these clauses after analysis of Iberdrola v. Guatemala (II). Research design, data, and methodology: This study mainly adopts the literature research method, and utilizes domestic and foreign literature as well as Internet data. Results: ① The issue of res judicata was decided based on international law and the law of the place of arbitration (Swiss law). ② Based on the triple identit

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Awad, Hani Mounes, Asmaa Saad Elhadedy, Adnan Ayza Almalki, Osama Abdullah Almutairi, and Renad Salem Saleh Al-Damour. "The Differential Privilege in the Arbitration Agreement Unilateral Arbitration Clause." Journal of Lifestyle and SDGs Review 5, no. 2 (2024): e03984. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n02.pe03984.

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Objective: Since the Contract is a binding code for contracting parties “pacta sunt servanda”, each party is bound by the obligations they have voluntarily undertaken through the contractual bond. As a result, parties may agree to settle any disputes that may arise between them through arbitration rather than resorting to the courts. Theoretical Framework: Comparative jurisprudence and legal opinions have shown divided stances on this type of arbitration agreement, with some supporting and others opposing it. Using a comparative descriptive-analytical approach, this study examines this particu

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Yang, H. Y. "CIETAC Arbitration Clause Revisited." Arbitration International 24, no. 4 (2008): 603–8. http://dx.doi.org/10.1093/arbitration/24.4.603.

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Santos, Mauricio Gomm Ferreira dos, and Mauricio Gomm Ferreira dos Santos. "Miami Arbitration Reports: Unique Cases to Give Readers aBroader Understanding of Arbitration." Revista Brasileira de Arbitragem 7, Issue 28 (2010): 93–110. http://dx.doi.org/10.54648/rba2010060.

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ABSTRACT: This edition of MAR capitalizes on some unique cases to give readers a broader understanding of arbitration. First, we look at the scope of the arbitral clause within employment arbitration. The Fifth Circuit uses a factually challenging case to draw a bright-line rule and circumscribe even the broadest of clauses. Second, Erica Franzetti from Crowell & Moring helpfully synthesizes the development of a recent line of cases on 28 USC 1782. As our first special contributor, she provides a timely analysis of a fascinating subject. Third, a domestic arbitration gives the Seventh Cir

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Chao-Duivis, Monika. "Arbitrage in de Nederlandse bouwsector." Nederlands-Vlaams tijdschrift voor Mediation en conflictmanagement 16, no. 2 (2012): 20–41. https://doi.org/10.5553/tmd/2012016002003.

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Arbitration in Dutch Construction industry This article contains a sketch of the use and organisation of arbitration in the Dutch construction industry. In Holland contractual issues in construction contracts are dealt with by arbitration in the vast majority of issues. There are several arbitration institutes of which the Arbitration Board for the Building Industry is the most important. This institute published (anonymously) over a 1000 judgments in 2011. The main issues of the Dutch arbitration act and of the new act are discussed in this article. The following important new developments ar

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Latumahina, Jeffry. "Hubungan Hukum Klausula Arbitrase Dengan Yurisdiksi Pengadilan Negeri." Jurnal Ecodemica: Jurnal Ekonomi, Manajemen, dan Bisnis 4, no. 2 (2020): 283–93. http://dx.doi.org/10.31294/jeco.v4i2.8338.

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ABSTRACTThis research analyzed a Distribution Agreement between Roche Indonesia company (“Roche”) and distributing company Perusahaan Dagang Tempo (“Tempo”) which had an arbitration clause and verdict of South Jakarta District Court in Roche-Tempo case consisted of Putusan No. No.454/Pdt.G/1999/PN.Jak.Sel dated 29 May 2000. In distributing Roche’s pharmaceutical products in Indonesian domestic market, Roche had a distribution agreement with Tempo as its sole distributor. During the contract period, Roche terminated part of the contract unilaterally, which suffered Tempo. Tempo then filed a law

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Vukadinović, Slobodan. "The arbitration clause in general terms and conditions of business transactions: Current trends in international trade versus consumer arbitration." Glasnik Advokatske komore Vojvodine 92, no. 3 (2020): 379–429. http://dx.doi.org/10.5937/gakv92-28020.

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This paper shows the diverging tendencies in the understanding of the arbitration clause contained in the general terms conditions of business transactions (GT&CBT) in (international) commercial law and consumer protection law. The results show that inverse logic is currently used regarding the issue of bringing attention to the arbitration clause contained in a GT&CBT and the necessity for such an arbitration agreement to be contained in a separate and personally signed document. International commercial arbitration, encompassing both legal dogma and arbitration and court praxis, has

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Sen, Satrajeet. "Beyond Stamps: The NN Global Saga and Section 11 Proceedings." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 91, Issue 1 (2025): 69–85. https://doi.org/10.54648/amdm2025005.

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In December, 2023, a seven-judge bench of the Supreme Court of India (hereinafter ‘Supreme Court’) unanimously overruled a five-judge Bench’s judgment in NN Global-II, and held that the Court at the stage of appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘Arbitration Act’) can appoint an arbitrator and leave the issue of stamping to be decided by the arbitrator. It is imperative to note that the five-judge Bench Reference was essentially borne out of a three-judge bench decision in NN Global-I, wherein the Supreme Court doubted the corr

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Tojiboyev, Sarvar Zafarovich. "LAW APPLICABLE TO STATE ENTITIES IN INTERNATIONAL ARBITRATION." INTERNATIONAL BULLETIN OF APPLIED SCIENCE AND TECHNOLOGY 3, no. 8 (2023): 171–78. https://doi.org/10.5281/zenodo.8278244.

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This paper analyzes the law applicable to State entities in the scope of international commercial arbitration. The concept of incapacity, capacity to arbitrate and the notion of State immunity concerning State entities in international arbitration have been examined accordingly. The participation of State and State entities in international commercial arbitration is one of the most arguable and crucial issues in international legal practice. Controversial issues have been found in such cases where arbitral tribunals tried to expand the arbitral clause not only to State entities but also to the

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Sugiarto, Toharta, Nur Hakim, and Gatut Hendro TW. "KEPASTIAN HUKUM PERJANJIAN YANG MENCANTUMKAN KLAUSULA ARBITRASE BERDASARKAN PERMOHONAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) DI PENGADILAN NIAGA." SINERGI : Jurnal Riset Ilmiah 2, no. 1 (2025): 346–56. https://doi.org/10.62335/hq32bh69.

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Article 3 of Law Number 30 of 1999 states that the District Court has no authority to adjudicate disputes between parties who are bound by an arbitration agreement, while Article 303 of UUK PKPU states that the Commercial Court remains authorized to examine and resolve applications for bankruptcy declarations from parties bound by agreements that contain clauses arbitration, as long as the debt that is the basis for the application for a bankruptcy declaration meets the provisions as intended in Article 2 paragraph (1) of the KPKPU Law. This of course gives rise to differences in interpretatio

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Pit, H. M. "Arbitration under the OECD Model Convention: Follow-up under Double Tax Conventions: An Evaluation." Intertax 42, Issue 6/7 (2014): 445–69. http://dx.doi.org/10.54648/taxi2014043.

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On 18 July 2008, the OECD Council adopted amendments to the OECD Model Convention, by which inter alia the mutual agreement procedure of Article 25 was supplemented with an arbitration clause. This clause provides for a mandatory arbitration procedure if contracting states fail to reach a mutual agreement within a two-year period if the taxpayer request so. Subsequent to this arbitration clause, the OECD also developed procedural rules that states can use during the arbitration procedure. This article evaluates whether, almost six years after its adoption, the OECD arbitration clause has been

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ПУНЕВ, Благовест. "Arbitration clause: its independence from and dependence on substantive contract (Bulgarian experience)." Revista Naţională de Drept 10-12(216-218) (December 15, 2018): 62–67. https://doi.org/10.5281/zenodo.3357916.

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Attention is focused on the fact that the arbitration agreement and the arbitration clause are a procedural agreement on specific legal relations. A number of hypotheses regarding the arbitration agreement with the arbitration clause and the material and legal contract, the cases of its defects, nullity and invalidity are considered.

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Mosimann, Olivier Luc. "Law Applicable to Forum-Selection Clauses – Less Flexibility than for Arbitration Clauses." ASA Bulletin 41, Issue 3 (2023): 75–79. http://dx.doi.org/10.54648/asab2024006.

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The decision provides guidance on the law governing the interpretation of a forum-selection clause under the PILA. Subject to a specific and deviating choice of law that applies to the forumselection clause, and if there is both a jurisdiction clause and a choice-of-law clause, the law that applies to the main contract also applies to the interpretation of the forum-selection clause. While this decision provides more predictability and reduces the likelihood for disputes, it is not comprehensive. The decision also confirms that the more flexible rules applying to the interpretation of arbitrat

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Lee, João Bosco. "Parecer: Conflito Cláusula Compromissória." Revista Brasileira de Arbitragem 8, Issue 30 (2011): 7–23. http://dx.doi.org/10.54648/rba2011017.

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ABSTRACT: The present legal opinion is about an arbitration procedure between a Brazilian and a German company that signed an offtake agreement and subsequently an agreement that turned official the avoidance of the contract and other provisions agreed between the parties, having both these contracts established two distinct arbitration clauses that differed as to the place of arbitration and number of arbitrators in the Tribunal. The object of the opinion was to determine which contract would rule the arbitration proposed by one of the parties, to deliberate about the pathology of the arbitra

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Saleh, Mohammad. "EVOLUTION OF DISPUTE RESOLUTION THROUGH ARBITRATION IN INDONESIA DURING COVID-19." Arena Hukum 16, no. 1 (2023): 128–46. http://dx.doi.org/10.21776/ub.arenahukum.2023.01601.7.

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Settlement of disputes in civil cases is not only resolved by the Court, but also through arbitration and alternative dispute resolution if the disputing parties agreed. The selection of this arbitration must be stated in the clause of the agreement which expressly chooses the arbitration. Civil cases that become the authority of this arbitration are only within the scope of the trade sector. The procedure for settlement through arbitration is different from the court, among others, the trial is closed and flexible, the decision is final and binding, the arbitrator is chosen by the parties and

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Alhashemi, Azab Alaziz. "Importance of Qualitative Addition to the New Arbitration Rules in Settling International Disputes - Experience of the Kingdom of Bahrain International." Journal of Politics and Law 16, no. 1 (2022): 1. http://dx.doi.org/10.5539/jpl.v16n1p1.

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A complete set of procedural rules have been added in the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules and the parties agree on the application of arbitration procedures developed from this commercial relationship. These laws are widely used in arbitrations conducted by the institutions along with the ad hoc arbitrations. All the aspects of arbitration processes are covered by these rules such as setting out rules of procedure for appointing arbitrators, conducting arbitration proceedings, and modelling arbitration clause. The arbitration process also compr

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Deriandy, Jesslyn Febria. "THE URGENCY OF COOLING-OFF PERIOD CLAUSE IN INVESTOR-STATE DISPUTE SETTLEMENT : GOOD FAITH NEGOTIATION." Transnational Business Law Journal 4, no. 1 (2023): 1–15. http://dx.doi.org/10.23920/transbuslj.v4i1.1401.

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With the development of foreign direct investors, international investment treaties also becoming more popular, causing more cases are occurring from said treaties. To deal with disputes, international investment treaties have dispute settlement mechanisms. Investor-State dispute settlement mechanisms in international investment treaties often include cooling-off clauses. In each case, the arbitral tribunal made different decisions regarding the compliance of this clause, provoking much controversy. Often, the cooling-off period is waived by the claimant since there is no clear motive regardin

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Ali, Raqiya Abdul Jabbar, and Majd Almanasrah. "Power of Arbitration Agreement." Journal of Politics and Law 12, no. 2 (2019): 71. http://dx.doi.org/10.5539/jpl.v12n2p71.

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Arbitration certainly plays a pivotal role in characterizing commercial relations that are of various kinds among individuals, and this, in turn, leads to make arbitration clause contained within contracts so as to settle disputes created by such contracts. It, in a way or another, aims at preventing litigants from recourse to a court of law. Instead, litigants should be fully committed to refer their disputes to a well-trusted arbitrator whose responsibility is to adjust their de facto or potential dispute, and should also be committed to put the arbitrator&#39;s judgment into effect. Thi

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Mikhaylova, L. A. "Various Clauses in a Cross-Border Commercial Representation Agreement." Actual Problems of Russian Law 16, no. 10 (2021): 174–83. http://dx.doi.org/10.17803/1994-1471.2021.131.10.174-183.

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The paper is devoted to certain types of clauses in a cross-border commercial representation agreement. Particular attention is given to a non-competition clause, compensation clause, a clause on limiting the scope of the contract to a certain category of consumers, anti-corruption clause, applicable law clause, jurisdiction clause, arbitration clause. The paper examines the issue of the possibility of including certain clauses in a cross-border commercial representation agreement and the ratio of the conditions included in the agreement with the possibility of their execution within the frame

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