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Relevant bibliographies by topics / Arbitration rules

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Academic literature on the topic 'Arbitration rules'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 April 2022

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Journal articles on the topic "Arbitration rules"

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Nottage, Luke, Robert Tang, and Julia Dreosti. "The ACICA Arbitration Rules 2021: Advancing Australia’s Pro-Arbitration Culture." Journal of International Arbitration 38, Issue 6 (2021): 775–806. http://dx.doi.org/10.54648/joia2021036.

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This article compares the new Rules of the Australian Centre for International Commercial Arbitration (ACICA) with ACICA’s 2016 Rules and those of other arbitration institutions, especially in the Asia-Pacific region. It shows how the revisions help to minimize formalization and promote efficiencies, arguably essential for arbitration’s legitimacy given that many of arbitration’s design features are traded off for an attenuated model of the rule of the law, according to a recent analysis by Singapore’s Chief Justice Sundaresh Menon. The article explains new ACICA Rules aimed at reducing costs

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Loken, Keith. "Uncitral Rules on Transparency in Treaty-Based Investor-State Arbitration." International Legal Materials 52, no. 6 (2013): 1300–1308. http://dx.doi.org/10.5305/intelegamate.52.6.1300.

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On July 11, 2013, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (Transparency Rules). The new Transparency Rules are the product of three years of negotiations in UNCITRAL. The Transparency Rules will be available in two forms: (1) as part of the UNCITRAL Arbitration Rules, for use in arbitrations conducted under those rules, and (2) as a free-standing set of rules, available for use in arbitrations conducted under other arbitral rules, such as the Rules of the International Centre for S

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Lu, Song. "The New CIETAC Arbitration Rules of 2012." Journal of International Arbitration 29, Issue 3 (2012): 299–322. http://dx.doi.org/10.54648/joia2012019.

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Arbitration rules play a vital role in the promotion of an international arbitration institution. They also serve as one of the major attractions to potential arbitration users of that institution's service. In 2012, China International Economic and Trade Arbitration Commission (CIETAC) has again effected a substantial revision of its arbitration rules, which came into force on 1 May 2012. This article discusses the main changes made this time to the CIETAC Rules, which touch upon a number of important issues including consolidation of arbitrations, the appointment of arbitrators, tribunal-ord

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Peter, Adolf. "Procedural Considerations In Cietac Arbitrations Seated In Vienna." Asian International Arbitration Journal 17, Issue 1 (2021): 41–78. http://dx.doi.org/10.54648/aiaj2021003.

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This article analyses some of the most important legal implications of international arbitrations seated in Vienna and administered by the newly established European Arbitration Centre of the China International Economic and Trade Arbitration Commission (CIETAC). First, the article focuses on consolidations, joinders and multiple contracts, particularly in the context of supply chains involving multiple parties. The article demonstrates that the CIETAC Rules offer a more effective approach for consolidations, and the Vienna Rules vest the arbitral tribunal with a broader discretionary power fo

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Tubishat, Bassam Mustafa, and Khaldon Fawzi Qandah. "The Role of Emergency Arbitrator in Commercial Arbitration (Comparative Study)." Journal of Politics and Law 11, no. 4 (2018): 94. http://dx.doi.org/10.5539/jpl.v11n4p94.

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This study dealt with the arbitrator of emergency in commercial arbitration and this development is the most innovative in the rules of commercial arbitration of the International Chamber of Commerce in Paris in 1912, where a new trend was adopted with regard to interim and urgent measures before the final form of the arbitral tribunal. The International Chamber of Commerce has already adopted the rules of this system before the Arbitration Institute of the Stockholm Chamber of Commerce.  The emergence of new systems in commercial arbitration needs to be examined in order to unders

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de Menezes, Caio Campello. "CIETAC e Suas Novas Regras de 2012." Revista Brasileira de Arbitragem 9, Issue 34 (2012): 7–16. http://dx.doi.org/10.54648/rba2012019.

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ABSTRACT: The China International Economic and Trade Arbitration Commission -- CIETAC arbitration rules have been recently reviewed. The new edition came into force on May 1st 2012. The arbitration rules were under review since 2005 and they became more "international". Among the changes that were implemented, some should be highlighted, such as (i) CIETAC may now administrate arbitrations not governed by their own arbitration rules; (ii) the seat of arbitration may be freely chosen by the parties and no longer the People's Republic of China shall be the mandatory seat of arbitration; and (iii

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Alonso, Pablo Agustín. "Impartiality and Independence of Arbitrators in International Arbitration: Issue Conflicts as Grounds for Disqualification with Special Regard to ICSID Arbitrations." Max Planck Yearbook of United Nations Law Online 20, no. 1 (2017): 535–601. http://dx.doi.org/10.1163/13894633_02001016.

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The grounds for disqualification of arbitrators provided by most arbitration rules refer to the relationships of arbitrators with the parties or the subject matter of the dispute – i.e., issue conflicts. However, some of those rules used to be vague or unclear, which resulted in incomplete arbitrators’ disclosures, unfunded challenge requests and awards that lacked homogeneity. Following a case-study research method, the paper focuses on the ICSID investor-State dispute settlement mechanism. It analyses and compares the ICSID Convention and Arbitration Rules, the UNCITRAL Arbitration Rules and

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Marghitola, Reto. "Document Production: New Findings on an Old Issue." ASA Bulletin 34, Issue 1 (2016): 78–94. http://dx.doi.org/10.54648/asab2016006.

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The current framework for evidentiary proceedings in international arbitration is marked by one set of rules, the IBA Rules, and conflicting interpretations of these rules. Contrary to the views of many commentaries, there is no abstract rule of what is sufficient to identify a document or a category of documents. Similarly, no technical rules exist for drawing adverse inferences. A successful document production strategy requires an early analysis which allows parties accurately to select its party-appointed arbitrator and to influence the establishment of the procedural rules. For this purpo

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Bonnin Reynes, Victor. "The New Rules of Arbitration of the Court of Arbitration of the Official Chamber of Commerce and Industry of Madrid An Overview." Journal of International Arbitration 26, Issue 3 (2009): 479–86. http://dx.doi.org/10.54648/joia2009025.

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Five years after the 2003 Spanish Arbitration Act came into force, the Court of Arbitration of the Official Chamber of Commerce and Industry of Madrid (CAM) has entirely modified its arbitration rules. The new set of rules incorporates the major modern arbitration trends which lawyers from other countries are familiar with. This article sums up the main features of the new rules and the statutes of the court to show that the new regulations have increased the transparency of the institution and offers a body of rules to be applied to arbitrations with seats not only in Spain but also all over

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Manukyan, Mushegh. "Hidden in the curtain of Article 44: formation rules of arbitration agreements and ICSID Arbitration Rules." Arbitration International 36, no. 1 (2020): 67–85. http://dx.doi.org/10.1093/arbint/aiaa001.

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Abstract This article surveys the practice of the application of Article 44 of the International Centre for Settlement of Investment Disputes (ICSID) Convention. It shows that ICSID arbitrations pursuant to bilateral investment treaties have been historically subjected to the ICSID Arbitration Rules in effect on the date when investors institute proceedings. But it appears that this is mainly because the parties specifically agree to apply the latest ICSID Arbitration Rules. The article invites a discussion on a technique, which might lead to the application of not necessarily the latest ICSID

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Dissertations / Theses on the topic "Arbitration rules"

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Knuuttila, Moa Ellen. "What happens in arbitration stays in arbitration? : a comparative study of the UNCITRAL rules on transparency in treaty-based investor-state arbitration." Thesis, Stockholms universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-121364.

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Borba, Igor M. "International Arbitration: A comparative study of the AAA and ICC rules." [Milwaukee, Wis.] : e-Publications@Marquette, 2009. http://epublications.marquette.edu/theses_open/20.

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Ezcurra, Rivero Huáscar. "Corruption and Arbitration: With regard to the IBA Rules on conflicts of interest." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123230.

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In recent decades the arbitration has undergone extensive development in the Peru. However, this did not mean the absence of corruption in the arbitral proceedings. in this article the author points out some examples in which corruption manifests itself within them. Also, possible solutions are addressed with particular emphasis on competition, and its necessary condition: information. On this last, the iBA rules acquire special relevance for the resolution of conflicts of interest.<br>En las últimas décadas el arbitraje ha experimentado un amplio desarrollo en el Perú. Sin embargo, esto no si

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Palm, Emelie. "The New Horizons of Business and Human Rights in International Arbitration : An Analysis of the Hague Rules on Business and Human Rights Arbitration." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-419132.

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Arbitration has previously been a dispute resolution method for commercial and investment disputes mostly concerning businesses and states. The recently launched Hague Rules on Business and Human Rights Arbitration (The Hague Rules) are a universal set of rules for business-related human rights disputes in international arbitration, which offer an additional legal remedy for victims of human rights abuse linked to business activities. This thesis discusses if the legal remedies have been improved and reflects on previous legal remedies in order to analyse a potential improvement provided by th

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Abuhimed, Fahad Ahmed Mohammed. "The rules of procedure of commercial arbitration in the Kingdom of Saudi Arabia (comparative study)." Thesis, University of Hull, 2006. http://hydra.hull.ac.uk/resources/hull:6743.

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This thesis is about solely the Saudi arbitration regulation (1983) and its implementation rules of 1985. It examines several fundamental questions: are the rules of procedure provided by the 1983 Regulations appropriate to the developments that have occurred in the area of international commercial arbitration in the period following their adoption? Or are they considered outdated? Do those rules of procedure provide the flexibility necessary to meet the complexity usually involved in commercial disputes? What do foreign companies think of the 1983 Regulations? Do the 1983 Regulations require

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Snyman, Chanel. "Determining jurisdiction at conciliation and arbitration." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/20648.

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Jurisdiction is the power or competence of a Court to hear and determine an issue between parties, as well as the power to compel the parties to give effect to a judgment. The approach of a CCMA commissioner faced with a jurisdictional challenge is therefore an important issue that requires legal certainty. Unfortunately, our case law has not been uniform with regard to the various issues surrounding jurisdiction of the CCMA, for example: what facts need to be established in order for the CCMA to have jurisdiction and at what stage of the process should a commissioner deal with the issue of ju

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Gerdau, de Borja Ana. "Regional economic community rules and investment treaty arbitration : the EU experience and its relevance for the Andean community." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608580.

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Baltag, Crina Mihaela. "Jurisdictional limits of the Energy Charter Treaty and its interplay with related treaties and arbitration rules : the notion of investor." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8415.

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The boom of bilateral investment treaties and trade agreements came with an increasing number of disputes between investors and states related to actions and omissions of states in respect of the protection of investors and their investments. These instruments made a significant contribution to the development and implementation of an economic and legal framework for the promotion and safeguard of investors and investments. They also played an important part in and improved the access of investors to dispute resolution mechanisms – and, in particular, to arbitration – for the protection of the

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Knoblach, Steffen. "Sachverhaltsermittlung in der internationalen Wirtschaftsschiedsgerichtsbarkeit : eine rechtsvergleichende Untersuchung des deutschen und englischen Schiedsrechts und der IBA-Rules on the Taking of Evidence in International Commercial Arbitration /." Berlin : Duncker & Humblot, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/362202133.pdf.

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Hedberg, Christoffer Coello. "International Commercial Arbitration and Money Laundering : Problems that arise and how they should be resolved." Thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-299071.

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Abstract This thesis is concerned with examining the intersection between the areas of international commercial arbitration and money laundering. There are various points of connectivity between the two and the aim of this thesis is to discern how an arbitrator should conduct arbitral proceedings involving money laundering. For this purpose, a few selected topics have been examined. The practical challenges arising out of these topics, as well as the tools available to arbitrators to face them have been analysed in turn. After a brief inquiry into the nature of international commercial arbit

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Books on the topic "Arbitration rules"

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Centre for Arbitration and Dispute Resolution. Arbitration rules. Private Enterprise Support, Training and Organizational Development Project, 1998.

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Smit, Robert H. Comparison of international arbitration rules. Juris, 2013.

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Association, American Arbitration. Real estate valuation arbitration rules. American Arbitration Association, 1991.

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Smit, Hans. Comparison of international arbitration rules. Juris Pub., 1999.

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Board, Alberta Labour Relations. Rules of procedure. Alberta Labour Relations Board, 1998.

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Williams, Rowland. Concilio-arbitration handbook: Rules and commentary. Concilio-Arbitration Limited, 1986.

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Commerce, International Chamber of. ICC rules of conciliation and arbitration. ICC Pub. S.A., 1988.

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Habegger, Philipp, Christoph Müller, and Tobias Zuberbühler. Swiss rules of international arbitration: Commentary. 2nd ed. Schulthess, 2013.

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Organization, World Intellectual Property. WIPO arbitration rules: Commentary and analysis. Juris Pub., 2000.

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O’Malley, Nathan D. Rules of Evidence in International Arbitration. Informa Law from Routledge, 2019. http://dx.doi.org/10.4324/9781315871127.

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Book chapters on the topic "Arbitration rules"

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Reyes, Anselmo. "Rules." In The Practice of International Commercial Arbitration. Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315474335-4.

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Pisacane, Giovanni, Lea Murphy, and Calvin Zhang. "Procedural Rules of Arbitration." In Arbitration in China. Springer Singapore, 2016. http://dx.doi.org/10.1007/978-981-10-0684-5_4.

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Carlevaris, Andrea. "Multi-party arbitration under institutional rules." In Transnational Construction Arbitration. Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315271101-6.

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Giorgetti, Mariacarla. "Arbitration rules in Hong Kong." In International Arbitration Discourse and Practices in Asia. Routledge, 2017. http://dx.doi.org/10.4324/9781315229799-13.

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Hoekstra, Johanna. "Non-state rules and arbitration." In Non-State Rules in International Commercial Law. Routledge, 2021. http://dx.doi.org/10.4324/9780367220846-9.

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O’Malley, Nathan D. "Document production in international arbitration." In Rules of Evidence in International Arbitration. Informa Law from Routledge, 2019. http://dx.doi.org/10.4324/9781315871127-3.

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Hasler, Erika. "The Basketball Arbitral Tribunal’s 2017 Rules." In Yearbook of International Sports Arbitration 2016. T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/15757_2017_22.

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Zhang, Kaiqiang. "Challenges of Arbitrators in Inter-State Cases: A Different Cattle of Fish?" In Cofola International 2021. Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-8639-2021-9.

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Compared to those in international commercial and investment arbitration, arbitrator-challenge practi-ces in inter-state cases are abnormally rare. The reasons behind the asymmetric practices include the ideology towards the role of arbitrators (authority vs. expertise), the effectiveness of enforcement (whether the award can be executed in domestic courts or whether there exist preconditions), and the unique structure and function of the specific tribunals. By virtue of illustrating the rules and practi-ces of the ad hoc tribunal established under Annex VII of the United States Convention on the Law of the Sea, the Iran-United States Claims Tribunal, and the International Court of Justice, the current standard, “justifiable doubts to the impartiality and independence of arbitrators”, is not interpreted uniformly and somehow unreasonable. To overcome the phenomenon of fragmentation and other problems, the arbitrator-challenge rules in inter-state disputes should not be treated differently and should be harmonized with rules and case laws developed in international commercial and investment arbitration.

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O’Malley, Nathan D. "The rules of evidence and their application." In Rules of Evidence in International Arbitration. Informa Law from Routledge, 2019. http://dx.doi.org/10.4324/9781315871127-1.

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O’Malley, Nathan D. "Depositions, interrogatories and judicial notice." In Rules of Evidence in International Arbitration. Informa Law from Routledge, 2019. http://dx.doi.org/10.4324/9781315871127-2.

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Conference papers on the topic "Arbitration rules"

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Topaloğlu, Mustafa. "Arbitral Awards Under ISTAC Arbitration." In International Conference on Eurasian Economies. Eurasian Economists Association, 2021. http://dx.doi.org/10.36880/c13.02580.

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Arbitration is a well-established and widely used method of resolution of disputes outside the state courts. There are various arbitration centers around the world. The Istanbul Arbitration Centre ISTAC is an independent, neutral and impartial institution providing efficient dispute resolution services for both international and domestic parties. The arbitral awards rendered under ISTAC Arbitration Rules are subject to enforcement by officers just as court decisions. ISTAC arbitration proceeding is carried out by The Sole Arbitrator or Arbitral Tribunal which consist of President and other arb

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Tuncay, Ahmet. "Arbitration Rules in Turkish Legal System." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00807.

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International companies, with the countries having the relations of commerce and investment, would refer to go to arbitrators, which is completely based upon their free will, to remove or minimise the risks in their own legal systems, to provide the disputes resolve fast and effective way, during the resolution of disputes. Also in our country, to provide the improvement of the international commerce and to promote investment of foreign and local corporation, according to the national and international arbitration legal regulations are made and international agreements are signed by taking not

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Sayın, Uğur. "International Commercial Arbitration Institutes." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00808.

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Because of exportation and importation of countries, the amount of commerce enlarged, therefore foreign agreements increased. Because of having differnet law systems of the contries the people, working on permanent investment and commerce wishes to have the suitable arbitration that they want.From this point of view, begining from the year 1898, It has been worked on to develop contraptions do international authorized commercial court’s duty. Then permanent arbitration council was established, Cenevre Convention, New York Convention was established, and the rules of international arbitration c

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Sun, Ying, and Yingjie Tu. "An Introduction to the Japan Commercial Arbitration Association and JCAA Arbitration Rules." In Proceedings of the 1st International Symposium on Education, Culture and Social Sciences (ECSS 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/ecss-19.2019.65.

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Ağaoğlu, Cahit. "Problems of Turkish and Foreign Construction Companies on the Fidic Arbitration Rules." In International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c08.01954.

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FIDIC rules are generally accepted as standard contract for construction projects in international commercial practice. Disputes arising from standard agreements are often referred to as international arbitration rules. However, at the beginning of the difficulties encountered in the arbitration proceedings under the FIDIC Rules at the international arbitration institutions, the question is whether the engineer is impartial. On the other hand, the fact that the Dispute Adjudication Board (DAB) has been used effectively is also an important issue. It has been revealed through the case-law that

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Topaloğlu, Mustafa. "Effects of Public Policy on Arbitration." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00805.

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Public policy is a ambiguous concept. Public policy can be defined as a set of rules which protecting the essential structure of society and its interests. Under New York Convention dated 1958, an arbitration verdict which breaching of public policy in the executing country can’t be executed. Same provision valid under Turkish Act Related International Private Law and Procedure Law. An arbitration verdict can’t be subject to appeal directly. But, it can be sued for annulment before court of first instance. The public policy is stipulated as a ground of annulment in the Turkish International Ar

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Chen, Shouke, Zhuobin Wei, and Yan Lu. "Coordination Mechanism in Supply Chain Management Based on Arbitration Rules." In 2009 International Conference on Management and Service Science (MASS). IEEE, 2009. http://dx.doi.org/10.1109/icmss.2009.5302312.

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Parasuraman, S., V. Ganapathy, and Bijan Shirinzadeh. "Mobile Robot Navigation in an Unstructured and Unknown Environment Using AI Techniques." In ASME 7th Biennial Conference on Engineering Systems Design and Analysis. ASMEDC, 2004. http://dx.doi.org/10.1115/esda2004-58171.

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This paper shows the new approach to solve the Mobile Robot Navigation issues. The approach consists of the simple behavior design based on Situation Context of Applicability (SCA) and arbitration of the concurrent act ivies of several possible competing behaviors. This work also shows some of the reviews of the related approaches, which are attempted to resolve the robot navigational issues. In this work the design of the behavior is based on regulatory control using fuzzy logic and the coordination and behavior selection is defined by fuzzy rules, which uses the SCA for each behavior. Also,

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Бардин, Лев, and Lev Bardin. "On the issue of the right to provide legal assistance." In St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6faa331e66.29746358.

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The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those

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Alashaal, Abdullah. "The role of international law in dealing with national legislative deficit." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp18-24.

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International law and national law and legal regime.The paper analyzed all situations in which the two systems of laws positively interact.The lacuna en droit is detested by the doctrine and all court levels,however,the national and international judges tend invariably to apply rules of exaequo et Bono,these rules are applicable by international arbitratios and law courts. The paper analyzed as well the rules that enable international law to perform it's job and the challenges they encounter the function.

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