Academic literature on the topic 'International Arbitration Law'

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Journal articles on the topic "International Arbitration Law"

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Kecskés, László. "In Memory of Professor Dr Iván Szász." Journal of International Arbitration 29, Issue 3 (June 1, 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 only to the Hungarian but also to international arbitration and arbitrators.
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Ispolinov, Aleksey S. "International Investment Arbitration as a Sphere of International Public Law and Constitutional Law." Zakon 20, no. 12 (December 2023): 108–22. http://dx.doi.org/10.37239/0869-4400-2023-20-12-108-122.

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The article analyses the main features of modern arbitration of investment disputes between investors and investment-receiving states and argues that modern investment arbitration is strikingly different from the model that states had in mind when it was created. Investment arbitration has evolved from a private model of dispute resolution to a mechanism that is fully regulated by public international law due to the fact that investment arbitration is created on the basis of an international agreement and considers disputes concerning the obligations of States arising not from a contract, but from international treaties. The current state of investment arbitration requires a rethinking of the domestic doctrine regarding investment disputes and investment arbitrations in favour of recognising their public-law nature and its being at the intersection of public international law and constitutional law.
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Reilly, Louise. "Harmonisation of Irish Arbitration Law: Arbitration Act 2010." Journal of International Arbitration 28, Issue 2 (April 1, 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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Rosenberg, Charles B. "Challenging Arbitrators in Investment Treaty Arbitrations — A Comparative Law Approach." Journal of International Arbitration 27, Issue 5 (October 1, 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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Whalen, Thomas J. "Arbitration of International Cargo Claims." Air and Space Law 34, Issue 6 (November 1, 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 all concerned (carriers and shippers) with significant cost savings. An enforceable arbitration provision can be included in a carrier’s conditions of carriage, incorporated by reference into the International Air Transport Association (IATA) Standard Air Waybill (Conditions of Contract). The author recommends arbitration for all air cargo claims, large and small, as beneficial to carriers and shippers.
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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 (January 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 and transnational law, concerning the extension of arbitration agreements concluded by States or State entities to non-signatories. Previous analyses have neglected the role of international law by not distinguishing contract-based arbitrations involving private parties from contract-based arbitrations involving States or State entities. Public international law recognises that arbitration agreements can be extended to non-signatories on the basis of implied consent, or abuse of separate legal personality and estoppel. Therefore, foreign investors can rely on international law to extend arbitration agreements to non-signatories in arbitrations conducted under investment contracts concluded by States or State entities, even if the relevant domestic law is agnostic or hostile to this. This has significant legal, and practical, importance.
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Warikandwa, Tapiwa Victor, and Lineekela Usebiu. "A proposal for international arbitration law in Namibia based on the UNCITRAL Model Law on International Commercial Arbitration." De Jure 55, no. 1 (August 14, 2023): 259–79. http://dx.doi.org/10.17159/2225-7160/2023/v56a18.

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International business arbitration is not covered by Namibia's present arbitration law, the Arbitration Act 42 of 1965 (the Act). There is no explicit language in the Act that addresses foreign arbitration as the Act, solely by default, covers national or domestic arbitration. When it comes to international arbitration, the Act has many flaws. Modern commercial arbitrations are increasingly being guided by the Model Law on International Commercial Arbitration (MLICA) of UNCITRAL (the United Nations Commission on International Trade Law) or by state legislation that has been influenced by it. It is undeniable that Namibia must embrace MLICA, including the majority of the 2006 revisions of the MLICA, in order to participate in the global economic village. Furthermore, Namibia has not yet ratified the 1958-adopted New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (CREFAA), which has been hailed as the most effective treaty governing global trade. This article suggests that Namibia should implement both the MLICA and the CREFAA. If this strategy is not adopted, businesses in Namibia will be hesitant to engage in international business transactions due to the lack of legal certainty that the New York Convention and contemporary domestic arbitration legislation bring.
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Kostytska, Maria, and Patrick Dunaud. "Declaratory Relief in International Arbitration." Journal of International Arbitration 29, Issue 1 (February 1, 2012): 1–18. http://dx.doi.org/10.54648/joia2012001.

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This article explores the benefits, limitations, feasibility and legitimacy of declaratory remedies in international arbitration, focusing in particular on arbitrations involving sovereigns. Section 1 provides the background and discusses the advantages and limitations of declaratory relief in international arbitration. Section 2 discusses the sources of arbitral tribunals' authority to grant declaratory relief. Section 3 touches upon the basic prerequisite to granting declaratory relief in national and international legal systems. Section 4 analyses the arbitral practice of issuing declaratory awards in arbitrations involving sovereigns. Pre-emptive use of declaratory remedies is discussed in section 5.
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Hrnčiříková, Miluše. "The Meaning of Soft Law in International Commercial Arbitration." International and Comparative Law Review 16, no. 1 (June 1, 2016): 97–109. http://dx.doi.org/10.1515/iclr-2016-0007.

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Summary The growth in the amount of international arbitrations, the value of the disputes and expenses invested into the arbitral proceedings have escalated the pressure to succeed in dispute. The arbitrators face to guerrilla tactics or threats of annulment of arbitral awards based on the violation of a right to a due process. Soft law regulating the arbitral procedure endowers the effectives of the arbitration, however, in the recent years the critical voices can be heart which warn against overregulation and its judicialization. On the following pages the impact of the soft rules prescribing the arbitral proceeding on the effectiveness of the international commercial arbitration is examined. Firstly the author deals with the right to a fair trial and the discretionary power of arbitrators in the framework of the notion of soft law and then the binding character of this soft law is determined. The aim of this article is to answer the question whether the regulation of the arbitral proceedings by soft law is still welcomed or if it represents a threat for the discretionary powers of the arbitrator and arbitration as such.
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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 (October 1, 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 foreign lawyers can represent parties in arbitrations conducted in Egypt, subject to the parties’ agreement. However, unless the Legal Profession Law and the Arbitration Law are amended, uncertainty will remain.
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Dissertations / Theses on the topic "International Arbitration Law"

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Hrle, Jelena. "International arbitration and competition law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64281.pdf.

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Hrle, Jelena. "International arbitration and competition law." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30305.

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Arbitrating of competition law claims has generated a substantial tension between the policies served by promoting international arbitration and those protected by the national competition law. Despite the legal tension and unpredictability associated with arbitrating competition law issues, the arbitrator should, in principle, resolve such issues. This study analyses the main concerns when arbitrating competition law issues, such as jurisdiction, choice of law and, in particular, the position of national jurisdiction regarding the enforcement of the award conflicting national competition law.
This study proposes the functional approach to choice of law problems according to which the arbitrator will decide on the applicable competition law bearing in mind the content of mandatory norm, its connection with a dispute and the consequences of its application and non-application. In that regard, this thesis will examine how an arbitrator should address the extraterritorial effect of the competition law. The study will suggest that if the competition law policies of states connected with a dispute serve opposing and conflicting goals, the arbitrator should, in order to preserve his/her neutral function refuse to decide whose competition policy is "better" and should consequently decline jurisdiction.
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Fathallah, Raed M. "International law in investment agreement arbitration." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.439724.

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Dalentoft, Tomas, and Magnus Toftgård. "International Arbitration : Arbitration Agreements and the writing requirement." Thesis, Jönköping University, JIBS, Commercial Law, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-7471.

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Abstract

As international trade is constantly increasing, the number of disputes between international parties is greater than ever. In view of the fact that it is difficult to get court judgments recognized and enforced, arbitration has gained a great foothold in international commercial disputes. The leading international legal framework for recognition and enforcement of arbitral awards is the New York Convention of 1958 with 142 Member States as of today. It simplifies recognition and enforcement of arbitral awards in foreign countries. Nevertheless, certain criterions are required to be fulfilled and a much-debated criterion is the writing requirement for arbitration agreements.

The writing requirement is found in Article II(2) of the New York Convention and it stipulates that an arbitration clause or an arbitration agreement must be signed by the parties or contained in an exchange of letters or telegrams to constitute a valid arbitration agreement, which is the foundation of a recognizable and enforceable arbitral award. The requirement in itself is clear, but the development of electronic communication and the fact that national courts interpret the writing requirement differently, leads to dissimilar requirements in various countries. Moreover, numerous new ways of how to conclude contracts have been established during the 50 years that has passed since the adoption of the New York Convention and the ever increasing number of disputes has questioned the function of the writing requirement. The UNCITRAL has, by adopting a model law, tried to accomplish a uniform interpretation and establish what it takes to fulfill the writing requirement. The starting point for the work of the UNCITRAL was to modify national arbitration legislation and thus reach the objective of harmonizing the writing requirement.

The thesis undertakes an international outlook in three countries, Australia, Italy and Sweden. These countries are all Member States of the New York Convention but there are great differences in their legislation. Sweden imposes no writing requirement and Italy has applied a very restrictive interpretation. Australia has incorporated the UNCITRAL Model Law. The international outlook illustrates how the interpretation depends on national arbitration legislation and attitude towards the writing requirement.

An analysis of the current general legal context shows a weakening threshold for fulfillment of the writing requirement. It is also evident that the writing requirement is not in line with how international trade is practiced today. The writing requirement frequently constitutes a formalistic problem regarding conclusion of contracts, as it comprise a requirement with-out function. In addition to this, the attempts of the UN have failed to eliminate uncer-tainty and the divergence in interpretation. To reach a uniform interpretation, an immense overhaul of the New York Convention is needed, alternatively that additional States adhere to the UNCITRAL Model Law and thus eliminate the national differences of today.


Sammanfattning

En ständigt ökande internationell handel leder till en ökning i antalet tvister mellan parter från olika länder. Då nationella domslut är svåra att få erkända och verkställda i en främmande stat har skiljedomsförfaranden ökat i antal. Regelverket kring att få en skiljedom erkänd och verkställd i en främmande stat utgörs främst av New Yorkkonventionen från 1958 med 142 fördragsslutande stater till dags dato. New Yorkkonventionen möjliggör att en internationell skiljedom lättare kan erkännas och verkställas i en främmande stat. Dock måste vissa kriterier vara uppfyllda och ett av de mest omdebatterade och domstolsprövade kriterierna är det skriftliga formkravet för skiljeavtal.

Skriftlighetskravet regleras i Artikel II(2), New Yorkkonventionen och påvisar att skiljeavtalet måste vara undertecknat av parterna eller inkluderat i brev- eller telegramväxling för att vara giltigt. Ett giltigt skiljeavtal formar grunden för en verkställbar skiljedom. Kravet i sig är relativt tydligt men med teknologins frammarsch och det faktum att nationella domstolar tolkar skriftlighetskravet olika har kraven för att uppnå skriftlighetskravet skiftat från land till land. Framförallt har olika sätt att sluta avtal tillkommit under de 50 år som New Yorkkonventionen har existerat och även det ökande antalet internationella skiljedomsförfaranden har ifrågasatt grunden för skriftlighetskravet. UNCITRAL har genom en modellag om kommersiella skiljeförfaranden försökt skapa enhetlighet om hur skriftlighetskravet skall tolkas och vad som krävs för att uppnå kravet. Utgångspunkten för UNCITRAL’s arbete har varit att förändra nationell lagstiftning och därmed uppnå målet om harmonisering av skriftlighetskravet.

Uppsatsen gör en internationell utblick i tre länder, Australien, Italien och Sverige. De tre länderna är fördragsslutande stater till New Yorkkonventionen men deras nationella lagstiftning skiftar markant. Sverige påvisar inte något skriftlighetskrav för skiljeavtal och Italien har tolkat skriftlighetskravet restriktivt. Australien har fullt ut inkorporerat den modellag som UNCITRAL har utarbetat gällande kommersiella skiljeförfaranden. Utblicken visar även i flera rättsfall hur olika tolkningen av skriftlighetskravet blir beroende på den nationella lagstiftningen och inställningen till skriftlighetskravet.

En analys av rättsläget påvisar att tröskeln för att uppnå skriftlighetskravet tenderar att luckras upp. Det framkommer även att skriftlighetskravet inte är i fas med hur internationell handel praktiseras idag. Skriftlighetskravet är ofta ett formalistiskt problem vad gäller avtalsslut och konstituerar ett krav utan funktion. Därtill har de försök som gjorts från överstatligt håll misslyckats med att undanröja osäkerheten och skiftningar i tolkningen. För att uppnå enhetlighet krävs en genomarbetning av New Yorkkonventionen, alternativt att fler stater anammar UNCITRAL’s modellag och därmed undanröjer de nationella olikheter som existerar idag.

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Ilieva, P. "Judicialisation of international commercial arbitration." Thesis, City, University of London, 2016. http://openaccess.city.ac.uk/17891/.

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It has been increasingly argued that international commercial arbitration is stripping off its intrinsic features of an alternative dispute resolution method and turning into a mechanism that is almost indistinguishable from litigation. The development describing the metamorphosis of international commercial arbitration into a method that is very similar in process and substance to national litigation is referred to as the judicialisation of international commercial arbitration. The focus of this research is the process of judicialisation. The thesis questions whether it exists at all and, if yes, to what extent it has permeated both international arbitration proceedings and arbitral decision-making. While attempting to answer those questions other salient considerations are raised, such as: • Which characteristics of international commercial arbitration are fundamental for this method of dispute resolution and should remain intact; • What are the driving forces of the process of judicialisation; • Is the judicialised approach entirely consistent with the benefits of international commercial arbitration and to what extent? The ultimate objective of this thesis is to answer the question whether the judicialisation of international commercial arbitration is a positive development and thus be encouraged. Where negative implications are recognised, an attempt is made to identify the causes of the judicialisation process and offer solutions, if attainable.
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Huang, Ze Yu. "Pathological arbitration clauses in international commercial arbitration :law and practice in China." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3570897.

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Yesilirmak, Ali. "Provisional measures in international commerical arbitration." Thesis, Queen Mary, University of London, 2003. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1816.

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Interim protection of rights (through provisional, including protective, measures) is as important as the final protection of those rights. This thesis examines several problems and uncertainties surrounding provisional measures in international commercial arbitration. Those problems and uncertainties influence the effectiveness of arbitration; thus, they constitute a threat to the future of arbitration. The thesis aims to identify, analyse, and offer solutions to those problems and uncertainties. The thesis initially examines the roots and evolution of the concepts of arbitral powers to grant provisional measures and court assistance to arbitration. This examination highlights the roots of the problems and uncertainties and demonstrates how the approach towards provisional measures shifted, in due course of time, from judicial authorities' exclusive power to arbitrators' power to grant those measures and how the courts' role regarding interim protection has evolved into assistance. It further deals with the forum to seek provisional measures mainly to demonstrate that today an arbitrator or another party-determined authority is and should be the natural judge regarding interim protection of rights and that the courts' assistance should be restricted to ensure the effectiveness of arbitration. It, in addition, investigates complementary mechanisms to arbitration for providing interim protection in order to show that such mechanisms enhance the effectiveness of arbitration for a period prior to the appointment of an arbitrator. The thesis also endeavours to establish the standards of procedure and principles in regard of arbitral provisional measures, for instance, form, requirements and types of arbitral provisional measures. The establishment of these standards and principles makes arbitration a more consistent and predictable dispute resolution mechanism. It thus boosts the effectiveness of arbitration. It finally discusses the enforcement of arbitral provisional measures to show that some of these measures are effective without any coercion and that some others, however, necessitate the use of coercive powers, which are lent by judicial authorities.
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Conde, e. Silva Gui J. "Transnational public policy in international arbitration." Thesis, Queen Mary, University of London, 2007. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1717.

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Arbitration tribunals rely on public policy principles to exclude or determine the applicable law. At times, the notion of public policy will contain fundamental yardsticks recognised by the world community at large. In such cases public policy may be called transnational or truly international. The thesis expounds the notion and content of transnational public policy as applied by international tribunals. This objective is met by exploring the method, functions and purpose of transnational public policy in international arbitration. The opening chapter sheds light on the origins and concept of public policy and the different levels it has been applied by international tribunals and national courts. It suggests a criteria for the distinction between domestic, domestic-international, regional and transnational public policy. The thesis then gives an in depth analysis of the origins and notion of transnational public policy. It suggests that international tribunals have relied on transnational public policy in their awards and proposes a method to determine its content and sources. Such method is then applied to deduct the content of transnational public policy from decided arbitration awards. The thesis shows that transnational public policy can be relevant at three different stages in international arbitration. At the outset of the proceeding, where the arbitrators determine their jurisdiction; during the arbitration, where it controls the procedure applicable in the arbitration; or at the stage of drafting the final award, where it determines fundamental substantive rules relied upon by the tribunal.
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Al-Subaihi, Abdulrahman A. I. "International commercial arbitration in Islamic law, Saudi law and the model law." Thesis, University of Birmingham, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497341.

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Chang, Mann-Long. "Harmonisation of procedural law in international commercial arbitration." Thesis, University of Stirling, 2009. http://hdl.handle.net/1893/9931.

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The principle of party autonomy is widely accepted in the practice of international commercial arbitration. However, it still encounters certain limitations in its applications, especially for the fact that the demands of natural justice and the public good cannot be neglected by the parties. The various states in the international system have and operate peculiar systems of mandatory rules and public policies, which tend to impart significantly on the arbitral procedure, thereby creating a situation of discordance of outcomes of arbitration in different countries. For this reason, this writer intends to examine ways by which the various procedural laws can actually be harmonised. This thesis shall therefore focus on the discordances and confusion that often arise in the interacion of the various laws that may be applicable to the arbitral process in International commercial arbitration, as well as ways of achieving a harmonisation of these laws.
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Books on the topic "International Arbitration Law"

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Rubino-Sammartano, Mauro. International arbitration law. Deventer: Kluwer Law and Taxation Publishers, 1990.

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Simon, Stebbings, ed. International construction arbitration law. Alphen aan den Rijn: Kluwer Law International, 2006.

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International construction arbitration law. Alphen aan den Rijn,The Netherlands: Kluwer Law International, 2014.

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Institute, Practising Law, ed. International arbitration 2010. New York, N.Y: Practising Law Institute, 2010.

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Institute, Practising Law, ed. International arbitration 2009. New York, N.Y: Practising Law Institute, 2009.

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Institute, Practising Law, ed. International arbitration 2012. New York, N.Y: Practising Law Institute, 2012.

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Institute, Practising Law, ed. International arbitration 2011. New York, N.Y: Practising Law Institute, 2011.

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Institute, Practising Law, ed. International arbitration 2014. New York, N.Y: Practising Law Institute, 2014.

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Adler, Matthew H. International arbitration. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2010.

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Adler, Matthew H. International arbitration. [Mechanicsburg, Pa.] (5080 Ritter Rd., Mechanicsburg 17055-6903): Pennsylvania Bar Institute, 2012.

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Book chapters on the topic "International Arbitration Law"

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Carr, Indira, and Peter Stone. "Arbitration." In International Trade Law, 628–52. Sixth edition. | Abingdon, Oxon ; New York, NY : Routledge, 2018.: Routledge, 2017. http://dx.doi.org/10.4324/9781315543970-24.

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Tu, Guangjian. "International Arbitration." In Private International Law in China, 177–82. Singapore: Springer Singapore, 2015. http://dx.doi.org/10.1007/978-981-287-993-6_16.

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Trakman, Leon, and Robert Walters. "International Arbitration." In Contemporary Issues in Finance and Insolvency Law, 1–36. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003312024-1.

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Bruner, Philip. "International Construction Arbitration." In International Construction Law, 583–620. London: Informa Law from Routledge, 2024. http://dx.doi.org/10.4324/9781315671376-12.

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Strong, S. I. "International Litigation – Arbitration." In Encyclopedia of Law and Economics, 1–10. New York, NY: Springer New York, 2021. http://dx.doi.org/10.1007/978-1-4614-7883-6_70-2.

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Blackshaw, Ian S. "Cas Arbitration." In Asser International Sports Law Series, 151–76. The Hague: T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-645-9_14.

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Andrews, Neil. "International Commercial Arbitration." In Ius Gentium: Comparative Perspectives on Law and Justice, 217–63. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-74832-0_9.

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Jianlong, Yu, and Cao Lijun. "7 Arbitral Tribunal: (Articles 24 to 34)." In A Guide to the CIETAC Arbitration Rules. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780199671717.003.0007.

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This chapter highlights the arbitral tribunal. The right of parties to select arbitrators for arbitrating their disputes is probably the most important aspect of party autonomy in international arbitration. The chapter discusses: the duties of an arbitral tribunal (Article 24); the number of arbitrators (Article 25); the nomination and appointment of arbitrator (Articles 26 to 31); challenge to the arbitrator (Article 32); and the replacement of arbitrator (Article 33) in CIETAC arbitrations. Article 24 clarifies that arbitrators, particularly party-nominated arbitrators, shall not represent either party, shall handle the case independently, and treat both parties equally. In order to understand this provision it is necessary to look into the relevant statutory provisions in the PRC Arbitration Law and the CIETAC’s specific regulations on the ethical issues of arbitrators. The chapter concludes by discussing the ability of the majority of the arbitral tribunal to continue with the arbitration after the conclusion of the last hearing (Article 34).
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Paul, Tan, Goh Nelson, and Lim Jonathan. "Regulation of Procedural Aspects of Arbitration." In The Singapore International Arbitration Act. Oxford University Press, 2023. http://dx.doi.org/10.1093/law/9780198828693.003.0002.

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This chapter covers the regulation of procedural aspects of arbitration. Although the IAA sets out a framework for international arbitrations seated in Singapore, it does not purport to deal with all the procedural issues that could potentially arise in international arbitration. This chapter covers three facets of procedure that arise in an arbitration. First, it addresses international arbitration rules that may be selected by the parties to apply in a Singapore- seated arbitration. Second, it examines ethical rules that may apply to the regulation of arbitration practitioners and arbitrators in Singapore. Third, it discusses recent developments on the practice of third- party funding and how they impact international arbitrations seated in Singapore.
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Martin F, Gusy, and Hosking James M. "Part I Commentary on the ICDR International Rules, 8 Article 8—Consolidation." In A Guide to the ICDR International Arbitration Rules. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198729020.003.0009.

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This chapter examines Article 8 of the 2014 ICDR Rules. Article 8 provides for consolidation of two or more proceedings upon party request with the decision on whether and how to permit consolidation to be made by a consolidation arbitrator. The ICDR ‘may appoint a consolidation arbitrator, who will have the power to consolidate two or more arbitrations pending under these Rules’, or any other set of rules administered by the AAA or ICDR, into a single arbitration. This means that, at least in theory, provided that the other requirements of Article 8 are satisfied, the consolidation arbitrator could consolidate an arbitration that is pending under two different, albeit related, sets of rules. The objective of this provision is to achieve a more time and cost-efficient resolution of the entire dispute and to avoid inconsistent decisions.
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Conference papers on the topic "International Arbitration Law"

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Lu, Shiping, and Hongyan He. "The New Development of International Arbitration Law: Emergency Arbitrator System." In Proceedings of the 4th International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/iccessh-19.2019.419.

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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 called UNCITRAL was constituted. The countries which are the contracting parties of these agreements, agreed that the implement of rules on their own domestic law systems. In addition, they delegated compulsory execution for these rules. Beside this, to organise the international commercial arbitration, countries and private institues are founded arbitration institues. Today there are hundereds of international commercial arbitration institues, which are called as the same name of their city’s, the most favorite and their woking systems are explaned.
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P., Senthil Kumar, and Anu V. Thomas. "Evolution of Arbitration Law in India." In 6th International Conference on Modeling and Simulation in Civil Engineering. AIJR Publisher, 2023. http://dx.doi.org/10.21467/proceedings.156.31.

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The construction industry is considered to be one of the most dispute-prone industries in the world. Disputes of any kind need to be solved through alternate dispute resolution methods to avoid delay in the completion of the projects and thereby reduce financial losses. Arbitration is an alternative dispute resolution mechanism that has been in use since ancient times worldwide. In India, various laws related to arbitration were formulated prior to British rule and also post-independence. In this paper, an attempt has been made to compare the different Arbitration Acts existing in India to study their effectiveness in dispute resolution.
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Garajová, Michaela. "PUNITIVE DAMAGES – A RISING STAR IN INTERNATIONAL COMMERCIAL ARBITRATION?" In 3rd Law & Political Science Conference, Lisbon. International Institute of Social and Economic Sciences, 2018. http://dx.doi.org/10.20472/lpc.2018.003.003.

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Perović Vujačić, Jelena, and Jelena Vukadinović Marković. "PARTY AUTONOMY IN THE PROCEDURE OF APPOINTING ARBITRATORS INTERNATIONAL COMMERCIAL ARBITRATION." In International scientific conference challenges and open issues of service law. Vol. 1. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko1.475pv.

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The subject of the paper is an analysis of the scope and reach of the party autonomy in the procedure of appointing arbitrators in international commercial arbitration. After the introductory considerations, special attention was paid to the issues of how to appoint arbitrators, their number, nationality and neutrality, as well as their qualifications, with particular reference to possible limitations of the party autonomy with regard to each of these questions. The paper analyzes in detail the general limitations of the party autonomy arising from the principle of independence and impartiality of arbitrators and the principle of equal treatment of the parties in the procedure of appointing arbitrators. The analysis of the mentioned issues was done from the point of view of the appropriate solutions of international conventions and national laws in the field of arbitration, the rules of the leading arbitration institutions, as well as the positions of the doctrine and international judicial and arbitration practice, based on which the general conclusion (was drawn in the paper).
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CHAUHAN, NIDHI, and MAHANAND KUMAR. "INTERNATIONAL COMMERCIAL ARBITRATION: ITS INTERNATIONALITY AND COMMERCIALITY." In 2nd Annual International Conference on Law, Regulations and Public Policy (LRPP 2013). Global Science and Technology Forum Pte Ltd, 2013. http://dx.doi.org/10.5176/2251-3809_lrpp13.26.

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Fei, Lanfang. "Path-Dependence in Chinese Arbitration Law." In 2016 International Conference on Politics, Economics and Law (ICPEL 2016). Paris, France: Atlantis Press, 2016. http://dx.doi.org/10.2991/icpel-16.2016.24.

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Arslan, Çetin. "The Effects of the Criminal Law to Arbitration." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00804.

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While the arbitration, in essence, is a special law institution, there are various points it intersect with the criminal law. It is quite important to investigate the aforementioned probabilities that criminal law norms may affect the arbitration procedures and/or decisions and the probable consequences of these. In this respect, the feasibility of the use of the Criminal Procedure Law (i.e. criminal conviction, illegal evidence) in the Arbitration Law, the bindingness and the indirect effects of the decisions of the criminal court and the punitive responsibilities of the refrees are all some of the important issues that can be examined under this heading. The subjects mentioned in the paper will be evaluated from the perspective of Turkish Law theory and practice.
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Ahmed, Masood. "The New French Arbitration Law: An Analysis." In Annual International Conference on Law, Regulations and Public Policy. Global Science & Technology Forum (GSTF), 2012. http://dx.doi.org/10.5176/2251-3809_lrpp1216.

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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 Arbitration Act. New Turkish Civil Procedure Act accepted same solution about domestic arbitration. In this paper was tried to define the public policy concept and examined point of view of legal rules questioned above.
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Reports on the topic "International Arbitration Law"

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Rodríguez Piedrahita, Adrián F. International Arbitration Claims against Domestic Tax Measures Deemed Expropriatory or Unfair and the Inequitable. Inter-American Development Bank, February 2006. http://dx.doi.org/10.18235/0008623.

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Preliminary statements about the role of FTAs and the importance of understanding the potential consequences of adopting tax measures deemed expropriatory or unfair and inequitable. Overview of CAFTA-DR¿s Framework on Indirect Expropriation. Introduces the concepts of investment, the obligation not to expropriate, and dispute resolution alternatives available. Tax Measures Equating to Indirect Expropriation. Discusses the role of international law in the interpretation and application of treaty rules, particularly the obligations not to expropriate and to afford the investor fair and equitable treatment, approaching them from the perspective of domestic tax measures. Domestic Tax Disputes Rising to the Level of Investment Arbitration Disputes. Through a comparative analysis of a recent case it elaborates on the investor¿s room to characterize a domestic tax dispute as an investment dispute seeking relief under treaty provisions from an international arbitration panel.
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Cvijić, Srdjan, Nikola Dimitrov, Leposava Ognjanoska Stavrovska, and Ivana Ranković. Bilateral Disputes and EU enlargement: A Consensual Divorce. Belgrade Centre for Security Policy, May 2024. http://dx.doi.org/10.55042/xubk6023.

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Bilateral disputes between European Union member states and candidate countries are one of the key obstacles to EU enlargement. They have been plaguing the EU accession process ever since the breakup of Yugoslavia and the subsequent border dispute between EU member Slovenia and candidate country Croatia which then ensued. More recently we have the case of North Macedonia. It became a candidate country in 2005 but ever since, its accession negotiations have been bogged down by endless bilateral disputes. While the case of North Macedonia and its decades long conflicts with Greece and Bulgaria are the most well-known of such cases, they are not the only ones. In a seminal 2018 publication the Balkans in Europe Policy Advisory Group (BIEPAG) outlined the most prominent “open” or “latent” disputes between EU member states and candidate countries in the Western Balkans. Ranging from border to territorial disputes, or ones concerning the status of national minorities, four out of five candidate countries in the region – Albania, Bosnia and Herzegovina, North Macedonia or Serbia, has a bilateral dispute with one or more EU member states. If you look at new candidates Ukraine and Moldova and potential candidate Georgia however, the list of active or potential bilateral disputes is even longer. Even when a candidate country meets the criteria to progress in EU accession talks, bilateral disputes can delay it for years or even decades as in the case of North Macedonia. In this way such disputes present a serious challenge to the credibility of the EU enlargement process. In the context of the war in Ukraine, as we have seen with regard to the policies of Viktor Orbán’s Hungary towards Ukraine, invoking bilateral disputes can seriously challenge the geopolitical orientation and the security of the entire Union. On the legal side, since most of these issues fall outside the scope of the EU law and are not covered by the accession criteria, there is a need to think of an institutional mechanism to deal with bilateral disputes. Enlargement policy does not offer an appropriate platform for settlement of bilateral disputes, especially for those that fall outside the EU law. Hence, these issues should be addressed via the international legal dispute resolution toolbox and thus be subjects of separate processes. The EU’s role however cannot be passive. It should invest efforts in these processes in order for them to be mutually reinforcing and so that the accession process has a mollifying rather than tension amplifying effect on the issue. In its policy brief, published at the end of 2023, the European Council on Foreign Relations (ECFR) proposed updating the Copenhagen criteria such that they should include a stipulation to resolve bilateral issues between member states and candidate countries through external dispute resolution mechanisms: Territorial disputes should be referred to arbitration or the International Court of Justice, while those on minority rights should be dealt with by the European Court of Human Rights and other appropriate dispute settlement mechanisms. In this policy brief we suggest ways how to operationalise this proposal. First, we describe different types of vertical bilateral disputes (the ones that include asymmetrical relations) between EU members and Western Balkan candidate countries, then we outline international mechanisms to resolve them, and finally we propose an institutional architecture to remove bilateral disputes that fall outside of the scope of the Copenhagen criteria and the EU acquis from the purview of EU accession talks.
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