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Journal articles on the topic 'Arbitration'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Kecskés, László. "In Memory of Professor Dr Iván Szász." Journal of International Arbitration 29, Issue 3 (2012): 355–58. http://dx.doi.org/10.54648/joia2012022.

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The very sad apropos of the present article is the untimely death of Professor Dr Iván Szász, the best-known Hungarian arbitrator in the family of international commercial arbitration, at the beginning of this year. There are many arbitrator colleagues throughout the world who knew him from international arbitrations and conferences, and admitted his talent and exceptional skills both as a practitioner arbitrator and as the leading official of the International Council for Commercial Arbitration ICCA over many years. This article aims to pay tribute to him whose passing is a great loss not onl

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Abdoli, Fardin, Behnam Habibi Dargah, and Mitra Zarrabi. "Expanding the Scope of Arbitration to Third Parties in Iranian Law, Imami Jurisprudence, and English Law with a Focus on Judicial Practice." Comparative Studies in Jurisprudence, Law, and Politics 6, no. 3 (2024): 86–107. https://doi.org/10.61838/csjlp.6.3.7.

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To resolve disputes, arbitration is used as a suitable method for the litigants to reach an agreement on the disputed issue. Since arbitrations have advantages and advantages compared to examining issues in courts, it has become a widespread issue and people are becoming more familiar with this category every day. Of course, it should be noted that not all disputes can be referred to arbitration, such as criminal disputes, labor rights, bankruptcy, dissolution of marriage, legal capacity, inheritance and adoption, lineage, and customary matters. The main issue is the willingness of the parties

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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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Blanke, Gordon. "Arbitrating in a Modern World: Challenges and Opportunities." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 89, Issue 3 (2023): 238–65. http://dx.doi.org/10.54648/amdm2023024.

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This lecture was delivered as the 2023 International Dispute Resolution Institute (IDRI) Annual Lecture in Abuja, Nigeria, on 28 April 2023. It discusses the major challenges and opportunities of arbitrating in a modern world. In doing so, it addresses the increasing digitalization of arbitration, the introduction of two main new types of arbitration, i.e., digital/online arbitrations on the one hand and free zone arbitration on the other, as well as the arbitration of new types of disputes, i.e., disputes involving economic sanctions and disputes related to human rights (HR). In this sense, t

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Rosenberg, Charles B. "Challenging Arbitrators in Investment Treaty Arbitrations — A Comparative Law Approach." Journal of International Arbitration 27, Issue 5 (2010): 505–17. http://dx.doi.org/10.54648/joia2010028.

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There has been a recent uptick in challenges to arbitrators in investment treaty arbitrations. When negotiating an arbitration agreement and/or selecting a forum to commence international arbitration, challenge procedures and the applicable standards should be taken into consideration to preserve potential strategic advantages. This article undertakes a comparative law analysis of the various standards for challenging an arbitrator and then examines some of these recent decisions.

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Liebscher, Christoph, Richard Levin, and Patrick Sommer. "Certain Procedural Issues in Arbitrating Competition Cases." Journal of International Arbitration 24, Issue 2 (2007): 189–209. http://dx.doi.org/10.54648/joia2007015.

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Arbitrations of competition cases are a relatively new phenomenon. The authors of this work were members of the ICC’s recent Task Force on Arbitrating Competition Disputes and this note is taken in large part from their report to the Task Force on procedural issues. This work touches on many procedural issues, including those that are somewhat predictable in arbitrations of competition disputes and those that are not. These include the power of the arbitrator to rule on the competition issue, the burden of proving a violation, as well as educating the tribunal on different competitive impacts

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Pugliese, William Soares, and Paulo Nalin. "Tutelas provisórias emitidas pelo Poder Judiciário brasileiro em apoio à arbitragem." Revista Brasileira de Arbitragem 13, Issue 50 (2016): 79–91. http://dx.doi.org/10.54648/rba2016019.

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Abstract: This article deals with the relationship between the temporary reliefs and arbitration, with special focus on the innovations of the new Code of Civil Procedure and the changes in the Arbitration Act. In order to do so, first, a brief summary of the subject of temporary reliefs by the new Code of Civil Procedure is made, which is applicable to national and eventually international arbitrations. Secondly, the paper examines the recent changes of the Arbitration Law, whose new text establishes two phases, with two competent authorities for the granting of early reliefs: before the arbi

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Ms. Charu Shahi, Dr Sachin Rastogi,. "THE CONCEPT OF INSTITUTIONAL ARBITRATION – NEED FOR THE HOUR." Psychology and Education Journal 58, no. 2 (2021): 6601–9. http://dx.doi.org/10.17762/pae.v58i2.3194.

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The Indian lawmakers have an agenda to promote India as an Arbitration hub for solving disputes, thus, they brought about certain changes to the Arbitration and Conciliation Act, 1996 by way of an amendment namely, the Arbitration and Conciliation (Amendment) Act, 2015 (“2015 Amendments”) which aimed at achieving this goal by facilitating speedy and efficacious resolution of disputes through arbitration. It is widely accepted that India prefers ad hoc arbitration over institutional arbitration. Though various arbitral institutions have been set up in India, especially in the last five years, a

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Sombra, Thiago Luís. "Mitos, crenças e a mudança de paradigma da arbitragem com a administração pública." Revista Brasileira de Arbitragem 14, Issue 54 (2017): 54–72. http://dx.doi.org/10.54648/rba2017021.

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One year after the reform of Arbitration’s Law came into force, the moment requires an overcoming of the narrow focus about the unavailability of the public interest in order to let another issues flourish. Considering the enhancing of regulation over important sectors of economy to which arbitration has been linked as an ADR tool (ports, energy, PPPs, public procurement), the next step involves the harmonization of legal regimes aiming to endeavor arbitrations with public administration. This article analyzes the overcoming of the first obstacles’ phase and beliefs raised against the arbitrat

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Lutfi Mustakim, Sami’an, and Sarwono Hardjomuljadi. "Statistical Analysis of Time and Cost Efficiency of Construction Dispute Resolution Through Mediation Compared to Arbitration." Journal of Law, Politic and Humanities 5, no. 3 (2025): 1894–903. https://doi.org/10.38035/jlph.v5i3.1290.

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Non-litigation conflicts can be settled in a number of ways, including through arbitration and mediation. "A method for testing a particular theory by examining the relationship between variables" is the quantitative approach that is employed. The study's findings indicate that the time frames for arbitrating and mediating disputes differ; specifically, the arbitration ruling must be rendered no later than 30 days following the conclusion of the dispute examination. The cost of using the mediation room is not included in the price of using mediation to settle issues in court. This period may b

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Jhanwar, Soumil. "The Fragmented Consent Framework to Understand Consolidated Arbitrations." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 89, Issue 3 (2023): 273–322. http://dx.doi.org/10.54648/amdm2023020.

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The existing theories pertaining to joinders and consolidations in arbitration present two contrasting schools of thought for examining multi-party and multi-contract arbitration requests. This article critically analyses the two opposing schools’ examination of joinders and consolidations to demonstrate the inadequacy of both. After highlighting the dire need for development of a fresh theoretical framework for assessing requests for joinders and consolidations, this article builds on consent-based theories to develop a ‘fragmented consent framework’ to understand consolidated arbitrations. T

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Blanke, Gordon. "The Application of EU Law to Arbitration in the UK: A Study on Practice and Procedure." European Business Law Review 25, Issue 1 (2014): 1–66. http://dx.doi.org/10.54648/eulr2014001.

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The following study deals with the application of EU law to arbitration in the UK , and in particular with points of practice and procedure that arbitrators and arbitrating parties are required to take into account in the application of EU law in UK arbitration. The role played by EU law in arbitration is often overlooked given the prevailing confidential nature of arbitration as a private dispute resolution mechanism in its own right. Arbitration finds wide application in the resolution of disputes arising from licensing, franchising, supply and distribution and other commercial agreements ac

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Mooij, Hans. "Arbitration institutes forum: Arbitration Institutes: An Issue Overlooked." Intertax 47, Issue 8/9 (2019): 737–44. http://dx.doi.org/10.54648/taxi2019072.

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Tax treaty arbitrations to date have only been rare. With the MLI and the Dispute Resolution Directive, however, numbers of arbitrations may reasonably be expected to go up. Authorities will have to face the question, whether they want to administer arbitrations themselves, or prefer to instead call on facilitation by professional arbitration institutes as is customary practice in such important areas as commercial or investment arbitration. Proper and effective administration will be a significant factor to the eventual success of tax treaty arbitration. Absent any guidance in either the MLI

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Born, Gary B., and Dharshini Prasad. "Joinder and Consolidation." BCDR International Arbitration Review 5, Issue 1 (2018): 53–84. http://dx.doi.org/10.54648/bcdr2020004.

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Article 28: Joinder 28.1 At any time following the Chamber’s notice of the commencement of the arbitration pursuant to Article 3, and before the appointment of the arbitral tribunal, a party wishing to join an additional party to the arbitration shall submit to the Chamber, and at the same time to all other parties to the arbitration and to the additional party, a written request for arbitration against the additional party (the ‘Request for Joinder’), including or accompanied by all the items prescribed for a Request in accordance with Article 2.2. 28.2 The additional party shall submit a res

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Mimoso, Maria Joao. "The myth of absence of lex fori towards the international arbitrator." New Trends and Issues Proceedings on Humanities and Social Sciences 3, no. 4 (2017): 241–48. http://dx.doi.org/10.18844/prosoc.v3i4.1578.

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The national and foreign doctrines uphold the absence of lex fori for the international arbitrator since the origin of the international arbitration. Our goal is to emphasize the demand of electing a lex fori for the international arbitrator for as much there is a collection of issues concerning the intervention of the State Courts in the role of arbitration support. The lex fori, that is supposed to inquire, will assist the arbitrator in determining the applicable law to the dignity of the dispute, and will regulate, undoubtedly, the litigation issues of arbitration. Based on the predominatel

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Chevalier, Maxime. "Enforcement of Emergency Arbitrator Decisions: Dream or Reality? The French Perspective." Journal of International Arbitration 38, Issue 6 (2021): 835–56. http://dx.doi.org/10.54648/joia2021038.

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Emergency arbitration is a recent and significant development in the field of international arbitration. The enforcement of emergency arbitrator decisions is necessary to ensure the full efficiency of the mechanism. This subject is of great interest because the recourse by arbitration users to emergency arbitration for the issuance of interim measures is usually impacted by enforcement concerns. Thus, it is necessary to provide potential emergency arbitration users with an answer with regard to the possible enforcement of emergency arbitration awarded interim measures. This article aims to sho

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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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Muganga Didas, Kayihura, John Mwemezi Rutta, and Claire Umwali Munyentwari. "Striking a Balance Between Assistance and Interventionism: The Role of Courts in Rwanda-Seated Arbitrations." Journal of International Arbitration 37, Issue 1 (2020): 143–58. http://dx.doi.org/10.54648/joia2020006.

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The African Arbitration Association was established in 2018 and its headquarters is in Kigali, Rwanda. This choice of location signals that Rwanda has made meaningful strides in improving its arbitration environment, at least in the opinion of African states. Many questions will arise as to whether Rwanda-seated arbitrations do indeed rest in a legally friendly environment, and receive optimum support of courts which act to foster the efficiency and effectiveness of arbitrations. The interplay between courts and arbitral tribunals in dealing with Rwanda-seated arbitrations is the subject of th

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Jajan, Abdulrazzaq, and Saud Alfaleh. "The Impact of Isolating the Arbitrator in Institutional Arbitration." International Journal for Scientific Research 5, no. 3 (2024): 419–34. http://dx.doi.org/10.59992/ijsr.2024.v3n5p16.

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The aim of this research is to highlight the topic of arbitral proceedings after the removal of the arbitrator in institutional arbitration, a comparative study in the Islamic Shariah and the Saudi regime, since one of the objectives of the Arbitration Act is to study topics relating to arbitration rules and regimes; as a modern system for the adjudication of disputes of all kinds, a system that has begun to spread throughout the world until it comes close to the judicial system as an integral point in the adjudication of disputes. Since the removal of the arbitrator had implications for aspec

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Al-Qarni, Hassan. "Conditioning Arbitration and Its Effects." Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, no. 98 (September 30, 2024): 1–31. https://doi.org/10.54940/si89719266.

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The research aims to clarify the jurisprudential conditioning and effects of arbitration. I concluded that the linguistic meaning of arbitration is prevention, judgment, cognition and jurisprudence. the terminology of arbitration is litigation of opponents into chosen person. Arbitration steps are arbitration agreement - statement - contract with arbitrator, pleading and defense, then judgment and its dependencies. arbitration is permissible even with the presence of a judge. the jurists mentioned arbitration at their age. it developed nowadays, so countries adopted it in international commerc

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Reilly, Louise. "Harmonisation of Irish Arbitration Law: Arbitration Act 2010." Journal of International Arbitration 28, Issue 2 (2011): 163–71. http://dx.doi.org/10.54648/joia2011014.

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On June 8, 2010, a new Arbitration Act came into force in the Republic of Ireland which abolished the distinction between domestic and international arbitration and incorporated the UNCITRAL Model Law on International Commercial Arbitration as the grounding piece of legislation for all arbitrations conducted in Ireland.

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Jhanwar, Soumil. "Multi-Contract Arbitrations and Single Commercial Transactions: A Fresh Method of Analysis." Asian International Arbitration Journal 19, Issue 1 (2023): 9–62. http://dx.doi.org/10.54648/aiaj2023002.

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It is well known that the commercial transactions in today’s world are excessively complex, involving multiple stakeholders and multiple contracts, all of which work towards a singular unified aim. This article discusses how the complexity of commercial transactions has led to the proliferation of the permissibility of multi-contract arbitrations in jurisdictions across the globe. However, analysis of the cases across jurisdictions reveals that there is neither a uniform nor a logical method used by courts/tribunals across the world for assessment of the permissibility of multi-contract arbitr

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Voronov, Kyrylo. "Peculiarities of competence and arbitration proceeding in the grain trade." 33, no. 33 (June 28, 2022): 70–76. http://dx.doi.org/10.26565/2075-1834-2022-33-07.

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Introduction. The article is devoted to the study of the functioning and peculiarities of proceedings in international commercial arbitration, specializing in trade in grain and oil crops. The article examines the features of arbitration proceedings that are characteristic of GAFTA arbitration. Summary of the main research results. The article is devoted to the study of the functioning and peculiarities of proceedings in international commercial arbitration, specializing in trade in grain and oil crops. The article examines the features of arbitration proceedings that are characteristic of GAF

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Vest, Michael J., Fabius P. O'Brien, and Jusanne Meltzer Vest. "Explaining Rights Arbitrator Willingness to Accept Public Sector Interest Arbitration Cases." Public Personnel Management 19, no. 3 (1990): 331–44. http://dx.doi.org/10.1177/009102609001900309.

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A model is proposed to explain rights arbitrator willingness to accept interest arbitration cases. Findings suggest that rights arbitrators are more likely to accept interest arbitration cases if they are younger, they are not a NAA member, they have strong beliefs in their ability to render interest arbitration decisions, and they have more experience handling interest arbitration cases. The proposed model accounted for just under half the variance (Adjusted R2 = 0.48) in rights arbitrator willingness to accept interest arbitration cases. Study limitations and suggestions for future research

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Chung, Yongkyun, and Hong-Youl Ha. "Arbitrator acceptability in international commercial arbitration." International Journal of Conflict Management 27, no. 3 (2016): 379–97. http://dx.doi.org/10.1108/ijcma-07-2015-0046.

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Purpose The purpose of this paper is to identify the determinants of arbitrator acceptability and investigate whether the perceived costs of arbitration moderate the relationship between arbitrator acceptability and arbitrator characteristics in international commercial arbitration. Design/methodology/approach A two-stage analytic process is used to test the dimensionality, reliability and validity of each construct and then the proposed hypotheses. Findings The findings show that the five constructs of arbitrator characteristics – reputation, practical expertise, legal expertise, experience a

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Banerjee, Arpan, and Ashwin Murthy. "Rand Investments v. Republic of Serbia: Transparency and the Limits of Consent." Journal of International Arbitration 38, Issue 1 (2021): 105–22. http://dx.doi.org/10.54648/joia2021006.

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International investment law has consistently grappled with the issue of transparency. While the need for increased transparency in the practice of investment tribunals is generally recognized in principle, in practice the application of transparency norms often raises contentious issues. One common issue is the appropriateness of transparent proceedings where the Bilateral Investment Treaty (BIT) governing the dispute is silent on the matter. A further, more vexed question arises when claimants proceed under multiple BITs with disparate transparency obligations. This situation arose in Rand I

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Nater-Bass, Gabrielle. "Class Action Arbitration: A New Challenge?" ASA Bulletin 27, Issue 4 (2009): 671–90. http://dx.doi.org/10.54648/asab2009063.

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With the increasing use of arbitration clauses in standardized mass contracts, questions have arisen regarding the admissibility and applicability of the class action to the field of arbitration. The US appears to have now given «class action arbitrations» the green light. Class actions, therefore, are no longer limited to state court litigations in the US, but are now regularly seen in arbitration proceedings as well. Since the beginning of 2000, many European countries have also started to adopt new legislation regarding class, mass and group action litigation. Thus, Europe can no longer be

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Gjorgjioska, Emilija, Zorica Stoileva, and Dijana Gorgieva. "INTERIM MEASURES IN ARBITRATION." Knowledge International Journal 28, no. 6 (2018): 2155–60. http://dx.doi.org/10.35120/kij28062155e.

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In the arbitration, just like in civil litigation, it may be necessary before the final merit award is rendered by the arbitral tribunal, the relations between the parties to be temporarily settled. The need for ordering interim measures before or during an arbitration may arise in order to create conditions for maintaining the existing situation untilthe arbitration settlement of the dispute, facilitating the enforcement of the potential condemnatory arbitration award or faster conduct of the arbitration.Due to these advantages of the interimmeasures, the problem of interim measures in the mo

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Omran, Amr. "The Appearance of Foreign Counsel in International Arbitration: The Case of Egypt." Journal of International Arbitration 34, Issue 5 (2017): 901–20. http://dx.doi.org/10.54648/joia2017041.

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The ability of arbitrating parties to select their representatives in international arbitration is an extension of the principle of party autonomy. In Egypt, some uncertainty has existed as to the ability of the parties to appoint non-lawyers and foreign counsel as their representatives in arbitral proceedings. The Egyptian Legal Profession Law restricts the right to appear before arbitral tribunals to members of the Egyptian bar, who must be Egyptian nationals. Recent decisions by the Cairo Court of Appeal and the Egyptian Court of Cassation go some way in amending this position, holding that

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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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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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Osadchiy, Maxim, Lord Goldsmith Qc, and Natalie Reid. "State Courts’ Attitude to Arbitrator Challenge Applications: Rich Tapestry of Arbitrator Bias Standards." BCDR International Arbitration Review 6, Issue 1 (2019): 127–48. http://dx.doi.org/10.54648/bcdr2021008.

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The exact phrasing and application of arbitrator bias standards often vary across jurisdictions. This lack of uniformity is not conducive to predictability and finality of arbitrations, and does not build confidence in the integrity of a process still largely defined by party selection of the decision-makers. The article examines key aspects of the legal framework governing arbitrator challenge applications in four leading arbitral jurisdictions: the United States, England and Wales, France, and Singapore. It questions whether the textual differences in the formulation of arbitrator bias stand

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hyun, nakhee. "hearing in the court's arbitrator selection trial." Korea Association of the Law of Civil Procedure 27, no. 2 (2023): 329–69. http://dx.doi.org/10.30639/cp.2023.6.27.2.329.

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Could parties raise challenges to the existence or validity of the arbitration agreement in response to the application for judicial appointment of an arbitrator? It is an important and controversial issue and national authorities have taken different approaches. In 2020Gue633 case, according the Article 12 of the Korean Arbitration Act a party requested the court to appoint an arbitrator and the other party objected on the ground that she is not a party to the arbitration agreement. More specifically, she argued that she is not the carrier who issued the bill of lading, and therefore sh

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Růžička, Květoslav. "K některým otázkám rozhodčího řízení." AUC IURIDICA 44, no. 1 (2020): 53–72. https://doi.org/10.14712/23366478.2025.255.

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The author furnishes herewith the answers concerning selected package of questions to be important for the arbitration proceedings which could practically pose some problems either to the arbitrators or to the parties in settling commercial disputes and relations under carrying out the arbitration. Since the year 1995 there has been devoted a greater attention to the arbitration proceedings in the Czech Republic because the new Act No. 216/1994, Coll., relating to the Arbitration Proceedings and Enforcement of Arbitral Awards, was enacted which inter alia enables to carry out the arbitration p

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Ciatto, S., D. Ambrogetti, G. Risso, et al. "The role of arbitration of discordant reports at double reading of screening mammograms." Journal of Medical Screening 12, no. 3 (2005): 125–27. http://dx.doi.org/10.1258/0969141054855337.

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Objective: To asses the effectiveness of arbitration of discordant double readings in mammography screening. Design: A retrospective study of 1217 consecutive arbitrations. Setting: A subset of discordant double readings from the Florence screening programme underwent arbitration by a third reader. Results: Positive arbitration of 1217 discordant double readings prompted assessment in 476 cases (39.2%), detecting 30 cancers (6.3%). Of 741 negative arbitrations (60.8%), 311 have been followed up thus far, and two cancers (0.64%) occurred in the site previously suspected at one of the two indepe

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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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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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Badoni, Priyansha, and Dr Faizanur Rahman. "THE RATIONALE BEHIND CHOOSING ARBITRATION OVER LITIGATION: A LAW & ECONOMICS PERSPECTIVE." GNLU Journal of Law & Economics 5, no. 1 (2022): 25–39. http://dx.doi.org/10.69893/gjle.2022.000041.

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In the contemporary globalised economy, popularity of arbitration as a dispute resolution method has amplified. It has many advantageous features such as expertise of arbitrator, speedy procedure, party autonomy, confidential proceedings, which lack in litigation, thereby making arbitration the preferred mode of dispute resolution. The growth of arbitration is also credited to its stakeholders, namely the arbitrator(s) and the parties. The stakeholders take part in arbitration to derive maximum utility for themselves. They make decisions in the process which are backed by economic consideratio

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Mason, Paul Eric. "New Keys to Arbitration in Latin-America." Journal of International Arbitration 25, Issue 1 (2008): 31–69. http://dx.doi.org/10.54648/joia2008002.

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It is commonly accepted that, until recently, arbitration in Latin America was frozen in time in the nineteenth century. However, in the 1990s, arbitration developed relatively quickly, tracking the rise of privatization, investment deregulation and globalization in the region. Since then, arbitration has taken on a variety of forms, the most prominent being commercial arbitration involving businesses, investor-state arbitrations, and trading bloc-based arbitration. This article analyzes the first two of these, and is divided into sections, each describing a key development of arbitration in L

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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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Risvas, Michail. "INTERNATIONAL LAW AS THE BASIS FOR EXTENDING ARBITRATION AGREEMENTS CONCLUDED BY STATES OR STATE ENTITIES TO NON-SIGNATORIES." International and Comparative Law Quarterly 71, no. 1 (2022): 183–209. http://dx.doi.org/10.1017/s0020589321000476.

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AbstractThis article explores the role of international law in relation to the extension of arbitration agreements contained in contracts concluded by States (or State entities) with non-signatory State entities (or States). As contract-based arbitrations involving States or State entities are on the rise, identifying the legal framework governing which parties are covered by the relevant arbitration agreements is of practical importance. The analysis demonstrates that international law forms part of the relevant law, alongside other applicable laws including law of contract, law of the seat a

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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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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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Greenwood, Lucy. "The Canary Is Dead: Arbitration and Climate Change." Journal of International Arbitration 38, Issue 3 (2021): 309–26. http://dx.doi.org/10.54648/joia2021015.

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As international lawyers, arbitration practitioners are at the forefront of global issues, yet in relation to climate change and its impact on our practices, we have been slow to act. This article considers the role that arbitration should play in determining climate change disputes and the role that arbitration practitioners could play in shaping and adapting international law to respond to the climate crisis. The pandemic has driven significant behavioural change in the arbitration community. Now is the time to reflect on our practices to ensure that arbitration remains relevant and fit for

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Kaneko, Hiroshi, and Shota Inoue. "Obstacles for Japanese Investors in International Arbitration (kokusai chūsai) to Resolve Commercial Disputes." Studia Iuridica Lublinensia 33, no. 3 (2024): 75–97. https://doi.org/10.17951/sil.2024.33.3.75-97.

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Japanese investors’ presence in the international arbitration scene is minor compared to its economic scale. The Japanese arbitration law conforms with the UNCITRAL model law, and Japan is a member of the New York Convention. In contrast, the Japanese legal terminology corresponding to arbitration (chūsai), incorporated into modern Japanese in the 19th century, is confusing. Chinese law restrains domestic entities, including those with foreign capital, from going to foreign arbitral tribunes, which may undermine Japanese investors in China to settle disputes in arbitration. Direct/cross-examin

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Nugraha, Lingga, and Riswadi Riswadi. "Dynamics of Arbitration Choice as an Alternative Dispute Resolution for Business Disputes." Jurnal Syntax Transformation 5, no. 12 (2024): 1325–34. https://doi.org/10.46799/jst.v5i12.1028.

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The arbitration mechanism as an alternative dispute resolution for business in Indonesia offers advantages such as speed, confidentiality, and specialization of the arbitrator. However, its effectiveness is hindered by various factors, including non-compliance with arbitration awards and the varying quality of arbitrators. This research employs a normative legal research method, analyzing applicable regulations and legal doctrines related to arbitration in Indonesia, particularly Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Findings indicate that while arbitrat

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Vesel, Scott. "Will the Future See More Investment Arbitrations Taking Place in the Middle East?" BCDR International Arbitration Review 3, Issue 2 (2016): 267–77. http://dx.doi.org/10.54648/bcdr2016028.

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To date, few, if any, investment arbitrations have been conducted in the Middle East. This situation contrasts with the fundamental historical importance the region has played as the location of seminal disputes that have helped to establish the international arbitration regime as we know it today, as well as the important and growing role of Middle Eastern parties in both commercial and investment arbitration. This essay considers the general trend towards decentralization of seats and venues in international arbitration and the factors that may eventually lead to more arbitrations taking pla

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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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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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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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