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Journal articles on the topic 'Arbitration rules'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 April 2022

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1

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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Bloch, Christopher, and Anthony Cheah Nicholls. "ICC Hybrid Arbitrations Here to Stay: Singapore Courts Treatment of the ICC Rules Revisions in Articles 1(2) and 6(2)." Journal of International Arbitration 31, Issue 3 (2014): 393–412. http://dx.doi.org/10.54648/joia2014016.

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This article examines the recent case of HKL Group Co. Ltd. v. Rizq International Holdings Pte. Ltd., where the Singapore High Court refused to enforce the ICC's 2012 revisions to Articles 1(2) and 6(2) of its Arbitration Rules. These revisions ban so-called 'hybrid arbitrations' and mandate ICC administration for every arbitration that is conducted under the ICC Rules 2012. Singapore was the first jurisdiction that refused to enforce these provisions in favour of party autonomy in 'hybrid arbitrations'. Other pro-arbitration jurisdictions may follow suit once cases arise challenging this mand

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Morelli, Marina, and Eliana B. Baraldi. "O Novo Regulamento de Arbitragem da London Court of International Arbitration." Revista Brasileira de Arbitragem 12, Issue 46 (2015): 56–66. http://dx.doi.org/10.54648/rba2015023.

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ABSTRACT: This article describes the main changes brought by the New Arbitration Rules of the London Court of International Arbitration ("LCIA"), effective as of October 1, 2014 ("Rules"). The Rules preserve the essence of the consolidated LCIA arbitration procedure, but include practices already established in international arbitration proceedings, such as efficiency boosting measures. Among the most important changes, the inclusion of the emergency arbitrator provisions is a remarkable one. Among the most innovative, the rules on party representation. Finally, the changes introduced by the R

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Dupeyré, Romain. "The Paris Arbitration Rules: A New Kind of Ad Hoc Arbitration Rules for Sophisticated Users of International Arbitration." Revista Brasileira de Arbitragem 11, Issue 44 (2014): 84–99. http://dx.doi.org/10.54648/rba2014056.

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ABSTRACT: The main purpose of this commentary is to present the new Paris Home of International Arbitration Rules, questioning which its main objective is considering the significant number of arbitration rules from a different number of institutions. From this perspective, the author studies the different topics in the Rules, as the role of Paris as place of arbitration and the influence of this new set of norms for the strength of the city attraction. Therefore, the article examines the function of the Secretary-General of the Permanent Court of Arbitration, the deadlines to render an award,

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Schöll, Michael. "Swiss Rules and ‘Domestic’ Arbitration – Why the Swiss Chambers Should Agree to Administer Domestic Cases under the Swiss Rules." ASA Bulletin 25, Issue 4 (2007): 717–27. http://dx.doi.org/10.54648/asab2007070.

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The Swiss Rules of International Arbitration were drafted to govern arbitrations that are international within the meaning of Chapter 12 of the Statute on Private International Law. Victim of their own success, the Swiss Rules have become increasingly popular for disputes that are technically speaking domestic and therefore governed by the Intercantonal Arbitration Convention (Concordat). Nevertheless, the traditional position of the Swiss Chambers was to refer domestic parties to the domestic arbitration rules of the Chamber that administered the case notwithstanding an explicit choice of Swi

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Guzman, Andrew T. "Arbitrator Liability: Reconciling Arbitration and Mandatory Rules." Duke Law Journal 49, no. 5 (2000): 1279. http://dx.doi.org/10.2307/1373012.

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16

Carreteiro, Mateus Aimoré. "Appellate Arbitral Rules in International Commercial Arbitration." Journal of International Arbitration 33, Issue 2 (2016): 185–216. http://dx.doi.org/10.54648/joia2016010.

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Arbitral proceedings are praised for the finality of their arbitral awards. One cannot ignore, however, that parties to complex and high-stakes disputes may be concerned about potential errors. In certain disputes, therefore, an internal appellate tribunal may be an interesting option for effective review of awards. After reviewing the role of appeals in litigation, this article analyzes the reasons in favor of appeals in international commercial arbitration and reviews how arbitral institutions have structured appellate arbitral rules and other potential issues that may arise. In conclusion,

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Boog, Christopher. "The 2016 SIAC Rules: A State-of-the-Art Rules Revision Ensuring an even more Efficient Process." ASA Bulletin 34, Issue 3 (2016): 584–605. http://dx.doi.org/10.54648/asab2016050.

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The sixth edition of the Arbitration Rules of the Singapore International Arbitration Centre (the “2016 SIAC Rules”) came into force on 1 August 2016. This article highlights the main amendments and innovations introduced by the 2016 SIAC Rules. The first part of the article outlines the background and main purpose of the revision. It then addresses the new provisions on joinder, consolidation and multiple contracts and compares them to similar provisions in other sets of institutional rules. It then turns to one of the major innovations of the 2016 Rules, a newly introduced mechanism for the

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18

Baigel, Baruch. "The Emergency Arbitrator Procedure under the 2012 ICC Rules: A Juridical Analysis." Journal of International Arbitration 31, Issue 1 (2014): 1–18. http://dx.doi.org/10.54648/joia2014001.

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This article examines the International Chamber of Commerce (ICC's) Emergency Arbitrator procedure as provided by the 2012 ICC Rules. Emergency arbitration procedures are relatively new creatures, and their increasing prevalence signifies their importance. The ICC Emergency procedure raises important, potentially novel, doctrinal questions which touch on the very nature of arbitration: can or should an Emergency Arbitrator be properly described as an arbitrator? How does the jurisdiction of the Emergency Arbitrator interact with the jurisdiction of the court and the arbitral tribunal? These qu

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Barraclough, Andrew. "ACICA Arbitration Rules." Asian International Arbitration Journal 2, Issue 1 (2006): 89–92. http://dx.doi.org/10.54648/aiaj2006005.

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20

Lal, Hamish, and Brendan Casey. "Ten Years Later: Why the ‘Renaissance of Expedited Arbitration’ Should Be the ‘Emergency Arbitration’ of 2020." Journal of International Arbitration 37, Issue 3 (2020): 325–40. http://dx.doi.org/10.54648/joia2020015.

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While the last decade will be remembered for the splash created by the invention of Emergency Arbitration and its subsequent wide adoption across institutional rules, this article proposes that the next decade should be known for the Renaissance of Expedited Arbitration. There is little doubt that Emergency Arbitration responded to certain user needs and sought to fill a void in international arbitration related to interim relief ordered by an arbitrator prior to the constitution of the tribunal. However, the label Emergency Arbitration ‘over-promised’ by suggesting to some users that under th

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21

Goller, Karin Calvo. "The 2012 ICC Rules of Arbitration An Accelerated Procedure and Substantial Changes." Journal of International Arbitration 29, Issue 3 (2012): 323–44. http://dx.doi.org/10.54648/joia2012020.

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The 2012 International Chamber of Commerce (ICC) Rules of Arbitration pave the way for more expeditious arbitral proceedings since under the added requirements, the parties are to provide more extensive information during the initial stages of the proceedings. The delays caused by further submissions are thereby avoided. A wider approach towards the case, may enable the joinder of additional parties, to address claims between multiple parties and multiple contracts ab initio, and to consolidate arbitration proceedings. The new Rules establish an emergency arbitrator procedure for urgent interi

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Christopher Boog and James Menz. "Arbitrating IP Disputes: the 2014 WIPO Arbitration Rules." JOURNAL OF ARBITRATION STUDIES 24, no. 3 (2014): 105–24. http://dx.doi.org/10.16998/jas.2014.24.3.105.

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23

Myslik, Hannah N. "Attempting—and Failing—to Balance Fairness and Efficiency in the Arbitral System." Texas A&M Law Review 8, no. 3 (2021): 583–605. http://dx.doi.org/10.37419/lr.v8.i3.4.

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The Supreme Court has actively expanded the Federal Arbitration Act into realms not originally contemplated by Congress. This harms consumers who are parties to pre-dispute, binding arbitration agreements. If consumers sign a contract containing an arbitration agreement, they may be required to arbitrate everything within the agreement’s scope, including their statutory rights. Simultaneously, the Court has restricted class action arbitration—a device on which consumers have relied when they are forced to arbitrate. The Court’s expansion of arbitration and restriction of class action arbitrati

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Thuan, Huynh Quang. "Emergency Arbitrator – An Efficient Mechanism for Commercial Arbitration Development?" Vietnamese Journal of Legal Sciences 5, no. 2 (2021): 54–70. http://dx.doi.org/10.2478/vjls-2021-0014.

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Abstract The emergency arbitrator mechanism, despite its recent establishment, has made certain contributions to the development of international commerical arbitration. However, this mechanism has not been recognized and recorded in the national arbitration laws as well as the rules of procedure of arbitration institutions in Vietnam. In this article, the author aims to describe the operating mechanism and to discuss the benefits and limitations of the emergency arbitrator mechanism. Accordingly, the author will draw some conclusions regarding the recognition of this mechanism into Vietnam ar

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Heitzmann, Pierre. "The 2017 ICC Expedited Rules: From Softball to Hardball?" Journal of International Arbitration 34, Issue 2 (2017): 121–48. http://dx.doi.org/10.54648/joia2017009.

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The 2017 Rules of Arbitration of the International Chamber of Commerce (ICC), in force since 1 March 2017, have adopted new provisions for expedited procedures with the objective of having final awards issued by sole arbitrators six months after the first case management conference. These new provisions apply whenever the value of the claims in question is under USD 2 million. Users of ICC arbitration can opt in to or opt out of the expedited procedures provisions (EPP), partially or totally, regardless of the amount in dispute. The decision to institutionalize expedited procedures is an impli

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Berger, Klaus Peter. "The Need for Speed in International Arbitration:Supplementary Rules for Expedited Proceedings of the German Institution of Arbitration (DIS)." Journal of International Arbitration 25, Issue 5 (2008): 595–612. http://dx.doi.org/10.54648/joia2008046.

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On April 25, 2008, the German Institution of Arbitration (DIS) presented the new Supplementary Rules for Expedited Proceedings. The new Rules allow parties and arbitrators to conduct an arbitration within six months (sole arbitrator) or nine months (three–member tribunal). To achieve this goal, the time limits provided for in the DIS Arbitration Rules 1998 for the nomination of arbitrators are shortened, four–week deadlines for the submission of briefs are fixed in the Supplementary Rules and the common interest of the parties in the expedition of the arbitration becomes a guiding maxim for th

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Santos, Mauricio Gomm Ferreira dos, and Rodrigo de Oliveira Franco. "O Novo Regulamento de Arbitragem do International Centre for Dispute Resolution." Revista Brasileira de Arbitragem 11, Issue 44 (2014): 31–47. http://dx.doi.org/10.54648/rba2014053.

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ABSTRACT: This article addresses the major changes incorporated into the new ICDR International Arbitration Rules effective June 1, 2014. The changes have responded to users demand, consolidated what was already the practice of the ICDR, and incorporated the ICDR Guidelines for Arbitrators on Exchange of Information. In addition, the New Rules bring other interesting features, such as the provision of the consolidation arbitrator, the express exclusion of US litigation procedures, the international expedited procedures for cases up to USD $250,000, the express possibility for the ICDR to invit

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Zaman, Rebecca, and Dipen Sabharwal. "Vive la difference? Convergence and Conformity in the Rules Reforms of Arbitral Institutions: The Case of the LCIA Rules 2014." Journal of International Arbitration 31, Issue 6 (2014): 701–17. http://dx.doi.org/10.54648/joia2014033.

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Many international arbitration institutions have reformed their Rules within the last five years, including the International Centre for Dispute Resolution (ICDR (2009)), Stockholm Chamber of Commerce (SCC (2010)), International Chamber of Commerce (ICC (2012)), Singapore International Arbitration Centre (SIAC (2013)), Hong Kong International Arbitration Centre (HKIAC (2013)) and now the London Court of International Arbitration (LCIA (2014)).The LCIA's reform of its Rules appears to be part of an increasing convergence of the procedures of international arbitration institutions. This is parti

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Egonu, Mabel I. "Investor-State Arbitration Under ICSID: A Case for Presumption Against Confidentiality?" Journal of International Arbitration 24, Issue 5 (2007): 479–89. http://dx.doi.org/10.54648/joia2007036.

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One of the main advantages of arbitrations is confidentiality. The private nature of the arbitral proceedings implies confidentiality and is thus one of the reasons why arbitration is preferred over other dispute resolution processes for the resolution of commercial and investment disputes. However, the issue of confidentiality has been called into question in the case of investor-state arbitration. Given that the matters raised in investor-state arbitration are usually of interest to the public, there have been calls for such proceedings to be more open and transparent. The aim of this articl

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Wenger, Werner. "Ein Kontrapunkt: Die neue Schiedsgerichtsordnung der Handelskammer Deutschland-Schweiz." ASA Bulletin 30, Issue 4 (2012): 735–45. http://dx.doi.org/10.54648/asab2012066.

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The German-Swiss Chamber of Commerce, head-quartered in Zurich, has issued revised Arbitration Rules, effective as from 1 July 2012. The revision follows in many aspects the trends shown in other recently revised rules in institutional arbitration by further enhancing procedural efficiency and by introducing a fast track procedure. However, as compared with other institutional arbitration rules, the German-Swiss Chamber of Commerce sets a counterpoint by explicitly providing for arbitral proceedings structured in accordance with the procedural tradition familiar to the users in the geographic

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Montineri, Corinne, and Julia Salasky. "UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration." ASA Bulletin 31, Issue 4 (2013): 774–96. http://dx.doi.org/10.54648/asab2013072.

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In July 2013, UNCITRAL adopted Rules on Transparency in Treaty-based Investor-State Arbitration (the "Rules on Transparency" or the "Rules"), which will be, coming into force on 1 April 2014, the most comprehensive set of procedural rules in existence governing transparency in treaty-based investor-State disputes. The intergovernmental nature of the negotiation of, and consensus in relation to, the final instrument, confers a legitimacy that is unique to UNCITRAL. This article proceeds to set out the resolution of the intensively debated issue of consent - as ultimately encapsulated in the sco

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van den Berg, Albert Jan. "Justifiable Doubts as to the Arbitrator's Impartiality or Independence." Leiden Journal of International Law 10, no. 3 (1997): 509–19. http://dx.doi.org/10.1017/s092215659700037x.

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Traditionally, most arbitration acts provided that an arbitrator could be challenged on the same grounds as those on which judges could be challenged. Thus, arbitrators could be challenged on specific grounds, such as a family relationship with one of the parties or animosity towards one of the parties. The more modern approach is to provide for an open norm for the grounds on which challenges can be brought. This approach finds its origin in the UNCITRAL Arbitration Rules adopted in 1976. It provides that: “[a]n arbitrator may be challenged only if circumstances exist that give rise to the ju

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Kühner, Detlev. "The New AFA Arbitration Rules." Journal of International Arbitration 28, Issue 5 (2011): 519–34. http://dx.doi.org/10.54648/joia2011041.

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As of January 1, 2011, arbitration users can benefit from a revised version of the AFA Rules of Arbitration. The Rules have been entirely restructured and appear to be more user-friendly. The new Rules are in line with the new French Arbitration Decree and contain a series of useful modifications, accompanied by an enhancement of the role of the Arbitration Committee.

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杨, 晨阳. "Study on the Expedited Arbitration Rules—UNCITRAL Adopted The Expedited Arbitration Rules." Dispute Settlement 07, no. 04 (2021): 279–87. http://dx.doi.org/10.12677/ds.2021.74036.

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Whalen, Thomas J. "Arbitration of International Cargo Claims." Air and Space Law 34, Issue 6 (2009): 417–20. http://dx.doi.org/10.54648/aila2009038.

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Airlines have customarily not provided for arbitration in their cargo contracts of carriage (air waybill). The author explains the advantages of the arbitration of such claims (reducing legal costs, simplified procedure, relaxed evidence rules, an arbitrator knowledgeable about the Warsaw and Montreal Conventions and the industry, finality) and its disadvantages (significant arbitrator fees, limited appeal ability, no precedential value for future guidance.) The author argues that, overall, the arbitration of international air cargo claims before a single knowledgeable arbitrator will benefit

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신군재. "A Comparative Study on between KCAB’s International Arbitration Rules and ICA’ Arbitration Rules - Focusing on the Arbitration Agreement, Arbitrator(s) and Arbitral Award -." KOREA INTERNATIONAL COMMERCIAL REVIEW 28, no. 3 (2013): 187–206. http://dx.doi.org/10.18104/kaic.28.3.201309.187.

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Houerbi, Sami, and Lara Hammoud. "ICC Arbitration in the Arab World." Journal of International Arbitration 25, Issue 2 (2008): 231–40. http://dx.doi.org/10.54648/joia2008016.

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International arbitration is a dispute resolution procedure that involves parties and arbitrators from legal traditions all over the world. This article analyses the position of Arab countries in international arbitration on the basis of International Chamber of Commerce (ICC) statistics. In particular, the article focuses on the involvement of Arab parties and arbitrators in ICC arbitrations, the location of seats of arbitration in Arab countries, and the choice of substantive rules of law in cases involving Arab parties.

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Bergman, Neale H. "United Nations Convention on Transparency in Treaty-based Investor-State Arbitration." International Legal Materials 54, no. 4 (2015): 747–57. http://dx.doi.org/10.5305/intelegamate.54.4.0747.

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On December 10, 2014, the United Nations General Assembly adopted the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention on Transparency, which was prepared by the United Nations Commission on International Trade Law (UNCITRAL). The Mauritius Convention is intended to provide states with an efficient mechanism for applying the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (Transparency Rules) in investor-state arbitrations arising under investment treaties concluded before the Transparency Rul

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Miles, Kate, and Luke Nottage. "“Back to the Future” for Investor–State Arbitrations: Revising Rules in Australia and Japan to Meet Public Interests." Journal of International Arbitration 26, Issue 1 (2009): 25–58. http://dx.doi.org/10.54648/joia2009002.

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The more things change, the more some stay the same. This article first highlights renewed concerns about delays and, especially, costs in international commercial arbitration (ICA). Many now urge quite radical solutions to make ICA more efficient, including allowing parties to authorize arbitrators to facilitate settlement (Arb–Med). At the same time, there are growing calls for more transparency, non–party participation, and other rule changes to promote the legitimacy of the burgeoning field of investor–state arbitration (ISA). Such reforms are justified by the greater variety of public int

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Romero, Eduardo Silva. "Remarks by Eduardo Silva Romero." Proceedings of the ASIL Annual Meeting 112 (2018): 244–48. http://dx.doi.org/10.1017/amp.2019.84.

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Starting with the state-to-state disputes, my impression is that international commercial arbitration has very little influence on them, if not nil. That is the case for, I believe, two reasons. The first reason is that the arbitrators dealing with state-to-state disputes and state-to-state arbitrations are usually, if not always, public international lawyers, and, further, they are often former judges of the ICJ, with the result that the rules and practices of the ICJ are more present in those arbitrations than those coming from international commercial arbitration. The second reason is that

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Berger, Klaus Peter. "Common Law v. Civil Law in International Arbitration: The Beginning or the End?" Journal of International Arbitration 36, Issue 3 (2019): 295–313. http://dx.doi.org/10.54648/joia2019014.

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The presentation of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration on 14 December 2018 has revived the age-old debate about the existence of a common law-civil law divide in international arbitration. This article examines the impact of the Prague Rules on the transnational paradigm of international arbitral procedure, clarifies their nature as an alternative repository of state-of-the-art techniques to save time and costs in the conduct of international arbitrations, and suggests to give up the traditional distinctions, which are rooted in domestic legal

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Minkkinen, Marieke, and Harald Sippel. "The New KCAB Rules." ASA Bulletin 34, Issue 3 (2016): 569–83. http://dx.doi.org/10.54648/asab2016049.

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Over the last decades, South Korea has progressed from one of the world’s poorest countries to one of the wealthiest nations in East Asia. Korea’s economy, among the largest worldwide, heavily depends on trade and exports form its backbone. In numerous cross-border deals, Korean companies and their foreign counterparts must decide on a cross-border dispute resolution mechanism. This calls for arbitration proceedings. Although Korean companies have traditionally opted for arbitration before the world’s best-known arbitral institutions the Korean Commercial Arbitration Board (the “KCAB”) – Korea

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Strong, S. I. "Collective Arbitration Under the DIS Supplementary Rules for Corporate Law Disputes: A European Form of Class Arbitration?" ASA Bulletin 29, Issue 1 (2011): 45–65. http://dx.doi.org/10.54648/asab2011006.

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A great deal of attention has been paid recently to class arbitration, a US form of large-scale arbitral relief that brings many of the procedures used in judicial class actions into the arbitral context. However, the United States is not the only country to use arbitration to provide collective redress. Germany has recently developed its own form of collective arbitration through the promulgation of the DIS Supplementary Rules for Corporate Law Disputes. This article compares the DIS Supplementary Rules with the American Arbitration Association's Supplementary Rules for Class Arbitration to i

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Lahema, Yongky Pieter, and Imam Haryanto. "Analisis Hukum Pelaksanaan Penyelesaian Sengketa Bisnis Dengan Metode Arbitrase Online di Indonesia dan di Singapura." Wajah Hukum 5, no. 1 (2021): 137. http://dx.doi.org/10.33087/wjh.v5i1.366.

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Online arbitration has been carried out by the Singapore International Arbitration Center (SIAC), then SIAC Rules, Arbitration Act of Singapore, and UNCITRAL as a legal basis SIAC already has rules regarding online arbitration. The Indonesian National Arbitration Board (BANI) has practically carried out online arbitration, but the BANI Arbitration Rules & Procedures and Law No.30 of 1999 as the legal basis for BANI do not have clear rules. This writing will discuss the comparison of online arbitration enforcement at SIAC with BANI, how SIAC regulates online arbitration execution and whethe

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Titi, Catharine. "Investment Arbitration and the Controverted Right of the Arbitrator to Issue a Separate or Dissenting Opinion." Law & Practice of International Courts and Tribunals 17, no. 1 (2018): 197–216. http://dx.doi.org/10.1163/15718034-12341376.

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Abstract Although dissents are not generally encouraged in international arbitration, they are a reality of investment treaty disputes. About one in five cases includes at least one separate or dissenting opinion. The ICSID Convention is rare among investment arbitration rules to expressly recognise the right of the arbitrator to attach his or her personal opinion to the award. Other investment arbitration rules are silent on the topic. And yet dissenting opinions are an established feature of several international courts and tribunals and their role is often viewed more benevolently than in i

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Feigerlová, Monika. "Emergency Measures of Protection in International Arbitration." International and Comparative Law Review 18, no. 1 (2018): 155–77. http://dx.doi.org/10.2478/iclr-2018-0030.

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Summary Numerous arbitration rules were amended over the last five years to include provisions on the so-called emergency arbitration measures. An emergency arbitrator is appointed before the constitution of a full arbitral tribunal and is empowered to grant an interim relief that the applicants could have historically obtained in these urgent situations from ordinary courts only. The article discusses key aspects and challenges of the new institute in the context of both international commercial and investment arbitration.

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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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Boog, Christopher. "Swiss Rules of International Arbitration – Time to Introduce an Emergency Arbitrator Procedure?" ASA Bulletin 28, Issue 3 (2010): 462–77. http://dx.doi.org/10.54648/asab2010048.

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In recent years, a number of institutions providing services for international arbitration have introduced special rules for pre-arbitral interim relief. This article demonstrates that it might be time to introduce an emergency arbitrator procedure to the Swiss Rules and provides some preliminary thoughts on the topic.

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Srinivasan, Badrinath. "UNCITRAL Arbitration Rules 2010: A Review." Christ University Law Journal 2, no. 1 (2013): 117–52. http://dx.doi.org/10.12728/culj.2.7.

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The United Nations Commission on International Trade Law Arbitration Rules, 1976 has been in vogue for more than a quarter century. Its success can be gauged from the range of its use in different types of arbitration. After more than thirty years of use, the UNCITRAL Arbitration Rules, 1976 were revised in 2010. In revising the rules, the UNCITRAL has followed a conservative approach but has taken into consideration the demands and developments of international arbitration. This paper analyses the revisions made to the 2010 rules.

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Ruckteschler, Dorothee, and Anika Wendelstein. "Efficient Arb-Med-Arb Proceedings: Should the Arbitrator also be the Mediator?" Journal of International Arbitration 38, Issue 6 (2021): 761–74. http://dx.doi.org/10.54648/joia2021035.

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The demand for hybrid proceedings combining elements of arbitration proceedings and mediation is growing continuously. The reason for this is the parties’ desire to make dispute resolution more efficient. A special type of hybrid proceedings are ‘arb-med-arb’ proceedings. These proceedings involve first initiating traditional arbitration proceedings. Before the taking of evidence begins, an attempt is then made to settle the dispute outside the arbitration proceedings in a separate mediation procedure. If the mediation fails, the arbitration proceedings are recommenced, and an arbitral award i

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