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Journal articles on the topic 'International Arbitration Law'
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1
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.
2
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.
3
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.
4
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.
5
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.
8
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.
10
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.
11
Baker, Mark. "Are Challenges Overused in International Arbitration?" Journal of International Arbitration 30, Issue 2 (April 1, 2013): 101–12. http://dx.doi.org/10.54648/joia2013008.
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This article discusses the prevalence of challenges to arbitrators in international arbitration proceedings. The authors analyse the available data on challenges in both international commercial arbitrations and in public investment treaty arbitrations and highlight differences between the two in relation to this issue.
12
Berger, Klaus Peter. "Common Law v. Civil Law in International Arbitration: The Beginning or the End?" Journal of International Arbitration 36, Issue 3 (June 1, 2019): 295–313. http://dx.doi.org/10.54648/joia2019014.
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The presentation of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration on 14 December 2018 has revived the age-old debate about the existence of a common law-civil law divide in international arbitration. This article examines the impact of the Prague Rules on the transnational paradigm of international arbitral procedure, clarifies their nature as an alternative repository of state-of-the-art techniques to save time and costs in the conduct of international arbitrations, and suggests to give up the traditional distinctions, which are rooted in domestic legal systems.
13
Menon, Sundaresh. "Arbitration’s Blade: International Arbitration and the Rule of Law." Journal of International Arbitration 38, Issue 1 (January 1, 2021): 1–26. http://dx.doi.org/10.54648/joia2021001.
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The legitimacy of a system of dispute resolution depends intrinsically on the trust and confidence of its users in its decision-making processes, and that in turn rests on the general adherence of those processes to the values and principles that constitute the rule of law. While international arbitration has long been a close partner of the courts in sustaining the rule of law, some of arbitration’s key features and practices – such as its consent-based limitations, its predisposition toward confidentiality, its longstanding practice of permitting parties to unilaterally appoint arbitrators, and its philosophy that parties have no right to a right answer – mean that arbitration supports an attenuated model of the rule of law. That is largely the result of conscious decisions to forgo certain rule of law values in order to realize other goals. But the problem of rising costs and delays, underpinned by arbitration’s growing procedural rigidity and lack of agility, exacts a heavy price on arbitration’s users and their confidence in arbitration, without obvious returns. We must be cognizant of arbitration’s sacrifice in terms of rule of law values when seeking to advance other objectives, and regularly reflect on whether those gains are still worth their cost. International arbitration, Rule of law, Consent, Arbitrability, Confidentiality, Multiparty disputes, Party appointment of arbitrators, Accessibility, Costs, Delays
14
Colombo, Giorgio Fabio. "The role of culture in international commercial arbitration." Pravovedenie 68, no. 1 (2024): 37–57. http://dx.doi.org/10.21638/spbu25.2024.103.
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International commercial arbitration is the primary mean for settling international disputes of a business nature. Because of its very structure, this procedure happens across borders and, needlessly to say, cultures. As a consequence highly technical nature of international commercial arbitration, the debate about “culture” in this field has adopted a fairly narrow approach, and is generally limited to issues relating to clashes of different procedural styles and models (e. g. the discovery of evidence, which is very different in Common Law and Civil Law jurisdictions), studies about the arbitration community itself (a still quite small and tightly-knit group of professionals), or to the arbitration-friendliness of a given country. Yet, the definition of “cultural issues” in international commercial arbitration should be addressed from a much broader perspective. This article intends to fill this gap, by tackling questions related to “law and culture” in arbitration under three possible patterns: issues affecting the arbitrator, issues relating to the applicable law, and issues relevant for the arbitration procedure.
15
Rossetto, Julia Guimarães, and Luís Alberto Salton Peretti. "Breves Comentários Acerca das Novas Leis de Arbitragem Comercial Internacional de Argentina e Uruguai." Revista Brasileira de Arbitragem 16, Issue 62 (July 1, 2019): 80–100. http://dx.doi.org/10.54648/rba2019019.
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Argentina and Uruguay promulgated, in 2018, new international commercial arbitration statutes following the UNCITRAL Model Law. Such countries evolved from a monist system, which made no difference in what regards the law applicable to domestic and international arbitration, to a dualist system providing a specific legal framework for international arbitrations. The article analyses the arbitration background in the two countries and examines the text of the new laws in comparison with the UNCITRAL Model Law and with the Brazilian Arbitration Act. The article also investigates the effects of international treaties on the legal regime applicable to arbitration in such countries, especially from the viewpoint of Brazil. In conclusion, the analysis indicates that Argentina and Uruguay both adopted a modern legal framework amenable to promote the development of arbitration between business actors in the region.
16
Osmanoglu, Burcu. "Third-Party Funding in International Commercial Arbitration and Arbitrator Conflict of Interest." Journal of International Arbitration 32, Issue 3 (May 1, 2015): 325–49. http://dx.doi.org/10.54648/joia2015013.
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Third-party funding in international commercial arbitration is one of the most current and controversial issues in international arbitration. Third-party funding is the system whereby a third-party funder finances, partly or fully, one of the parties' arbitration costs. In case of a favourable award, the third-party funder is generally remunerated by a previously agreed percentage of the amount of the award. In case of an unfavourable award, the funder's investment is lost. One of the numerous issues raised by the involvement of third-party funders in international commercial arbitration proceedings is arbitrator conflict of interest due to nondisclosure of the involvement of the third-party funder in the process. In this article, we first explain the concept of 'third-party funding in international commercial arbitration.' Then we examine arbitrator conflict of interest implicating third-party funders. Finally, we discuss the need to create an obligation to disclose the involvement of third-party funders in arbitral proceedings as a predicate for arbitrator conflict of interest.
17
Rizky, Aditya, Sunardi, and Joko Setiono. "Lex Mercatoria as Substantive Applicable Law of International Sale and Purchase Contracts." International Journal of Law and Politics Studies 5, no. 2 (April 18, 2023): 80–86. http://dx.doi.org/10.32996/ijlps.2023.5.2.8.
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This study aims to analyze lex mercatoria as a substantive applicable law international sale and purchase contract. The research method used is a qualitative method. The research results show that international trade activities often lead to disputes between the parties. And the choice of dispute settlement can be made either in court or in arbitration. There are two types of law that apply and are used in international arbitration, namely arbitration procedure law and arbitration substantive law. The substantive law is in the form of a country's national law and/or international conventions related to contracts and lex mercatoria. Lex mercatoria is the law of traders derived from trade usages and general principles of law. CISG can be classified as one of the lex mercatoria because there are principles that generally govern sales and purchase contracts which are referred to as the general principles of international contract law so that the general law principles in this contract are applied as substantive law by arbitrator judges in deciding contract disputes, international sale and purchase in international arbitration.
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CÎMPEAN, Daniela, Roxana VORNICU, and Dacian C. DRAGOȘ. "Public-Private Arbitration in Romanian Law." Transylvanian Review of Administrative Sciences, no. 64 E (October 15, 2021): 24–46. http://dx.doi.org/10.24193/tras.64e.2.
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The article endeavors to introduce the constitutional and statutory framework for arbitration in Romania, whilst discussing the dilemmatic legislative provisions allowing for public entities to become parties in an arbitration dispute. It includes a discussion of the concept of administrative contracts in Romania and a chronological analysis of the evolution of public-private arbitration under administrative contracts. Some of the landmark Romanian public-private arbitrations under international investment treaties have held the public agenda in recent years and they shape the public debate on arbitration as fit for purpose when it comes to public contracts.
19
Ksenofontov, Konstantin E. "Mass claims in international investment arbitration." Vestnik of Saint Petersburg University. Law 13, no. 2 (2022): 396–414. http://dx.doi.org/10.21638/spbu14.2022.207.
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Following the economic crisis in Argentina international investment tribunals faced a new challenge: mass claims characterized with multiple claimants bringing the significant amount of homogeneous investment protection claims against the host state. Neither the 1965 Convention on the Settlement of Investment Disputes Between States and Nationals of Other States, nor applicable bilateral investment treaties cover the tribunals’ power to resolve mass claims. They are silent on crucial questions of jurisdiction and consent and do not address important procedural issues either. In these circumstances arbitral tribunals face the inevitablegap-filling process, which boils down to the critically important question of legal nature of mass claims. If mass claims are nothing more than a mere variety of “ordinary” claims, than the issues of special or “secondary” consent are irrelevant, since the general consent for arbitration will suffice for the tribunal to find itself competent to resolve the dispute. By contrast, if mass claims are different in their legal nature from “ordinary” bi- or multiparty arbitration, they cannot “fit” into the scope of parties’ general consent. In controversial Abaclat decision the majority ruled that the questions of tribunal’s powers to decide on mass claim brought by Italian investors against Argentina pertain to the sphere of admissibility rather than jurisdiction. This analysis was not accepted by dissenting arbitrator G. Abi-Saab. Interestingly, other multi-party “Argentinian” awards followed the line of argument which significantly differed from both the majority opinion in Abaclat and G. Abi-Saab’s dissent. This only highlights the controversial nature of mass claims in international investment arbitration. This article is dedicated to analysis of jurisdictional issues raised in the course of “Argentinian” arbitrations. Since this analysis is strongly intertwined with two other systems of resolution of mass claims, namely American class arbitration and public international law mechanisms dealing with the compensations for states’ international wrongdoings, these two mechanisms are also explored to provide better context and understanding.
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Storme, Marcel. "International arbitration – A comparative essay." European Review of Private Law 2, Issue 3/4 (December 1, 1994): 359–73. http://dx.doi.org/10.54648/erpl1994041.
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Abstract. An analysis of international arbitration indicates that, prima facie, certain crucial differences between the continental approach and common law practice exist. The main differences relate to the general hearing (written/verbal), the position of the parties in relation to the arbitrator, the proof-taking procedure, the duty to give reasons for the decision, and the division of competences between the judiciary and the arbitrator. On the other hand it must be pointed out that the main trends in international arbitration lead to a blurring of these differences. In particular mention may be made of the lex mercatoria, reduction in judicial control, and the evolution towards transnational arbitration. Résumé. Quand on étudie l’arbitrage international, on s’aperçoit au premier abord qu’il existe des différences essentielles entre l’approche continentale et la pratique de common law. Ces différences se manifestent spécialement en ce qui concerne les règles générales relatives aux auditions (écrites/orales), la situation des parties à 1’égard de l’arbitre, le droit de la preuve, la force obligatoire de la décision et la division des compétences entre le judiciaire et l’arbitre. D’un autre côté, on doit constater que les tendances fondamentales en matière d’arbitrage international contribuent à l’effacement de ces différences. On peut spécialement se référer à la lex mercatoria, aux restrictions misus au contrôle judiciaire et à l’évalution vers un arbitrage transnational. Zusammenfassung. Analysiert man das internationale Schiedsgerichtsverfahren, bemerkt man auf den ersten Blick wesentliche Unterschiede zwischen der Methode des continentalen Rechtskreises und der Praxis im Bereich des common law. Diese Unterschiede treten besonders in Hinblick auf die allgemeine Anhörung (schriftlich/mündlich), die Stellung der Parteien im Verhältnis zum Schiedrichter, das Beweisverfahren, die Pflicht, die Entscheidung zu begründen, und in Bezug auf die Aufteilung der Kompetenzen zwischen der Gerichtsbikeit und dem Schiedrichter auf. Auf der anderen Seite muß man feststellen, daß grundlegende Tendenzen in internationalen Schiedsgerichtsverfahren dazu beitragen, die Unterschiede zu verwischen. Diesbezüglich kann man inbesondere auf die lex mercatoria, die Einschränkung gerichtlicher Kontrolle und die Entwicklung zu transnationalen Schiedsgerichtsverfahren hinweisen.
21
Kravtsov, Serhii, and Nelli Golubeva. "The Validity, Effectiveness, and Enforceability of an Arbitration Agreement: Issues and Solutions." Access to Justice in Eastern Europe 4, no. 4 (October 31, 2021): 116–30. http://dx.doi.org/10.33327/ajee-18-4.4-n000088.
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The main reason for dispute in international commercial arbitration is the existence of an arbitration agreement concluded between the parties to a foreign trade agreement. The procedure of dispute resolution in international commercial arbitration will depend on the extent to which this arbitration agreement is concluded correctly in accordance with the norms of international and national law. Quite often, in the law enforcement activities of both national courts and arbitrations, there are questions about the validity, effectiveness, and enforceability of an arbitration agreement. In different countries, this issue is addressed ambiguously. In one case, national law takes precedence, and, accordingly, national courts are empowered to consider the validity, effectiveness, and enforceability of an arbitration agreement. In other cases, however, the autonomy of the arbitration agreement is a priority aspect of the consideration of any procedural issues by international commercial arbitration as the only and indisputable body authorised by the parties to the foreign trade agreement to consider a particular dispute. The article analyses doctrinal and legislative approaches to this issue, in which the authors come to the logical conclusion that national courts do not consider the validity, effectiveness, and enforceability of an arbitration agreement.
22
López, Carlos Alberto Matheus. "Practical Criteria for Selecting International Arbitrators." Journal of International Arbitration 31, Issue 6 (December 1, 2014): 795–805. http://dx.doi.org/10.54648/joia2014037.
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This article addresses the important issue of the selection of the arbitrator which is a fundamental right of the parties since the quality of the arbitration depends on the quality of the arbitrator. It examines the selection process and practical considerations in choosing an arbitrator. In this sense, we analyze objective factors of selection, such as the expertise of the arbitrator, number of arbitrators, language of the arbitration, availability of the arbitrator, impact on the selection of the chairman, sex of the arbitrator, independence and impartiality, standing and influence of the arbitrator, and religion of the arbitrator. Then we examine the subjective factors of selection, indicating the types of arbitrator's personality that should be avoided (egomaniac, superlawyer, White Knight, wimp, superjudge and unemployed opportunist). Finally, we propose some practical steps to select an arbitrator, and some guidelines that should be followed to practice an appropriate pre-appointment interview.
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Houerbi, Sami, and Lara Hammoud. "ICC Arbitration in the Arab World." Journal of International Arbitration 25, Issue 2 (April 1, 2008): 231–40. http://dx.doi.org/10.54648/joia2008016.
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International arbitration is a dispute resolution procedure that involves parties and arbitrators from legal traditions all over the world. This article analyses the position of Arab countries in international arbitration on the basis of International Chamber of Commerce (ICC) statistics. In particular, the article focuses on the involvement of Arab parties and arbitrators in ICC arbitrations, the location of seats of arbitration in Arab countries, and the choice of substantive rules of law in cases involving Arab parties.
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Kyung Kim, Min. "Damages for Breach of an Arbitration Agreement: A Korean Law Perspective." Asian International Arbitration Journal 18, Issue 1 (May 1, 2022): 1–20. http://dx.doi.org/10.54648/aiaj2022001.
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With the continued growth of international and cross border trade, there has also been an exponential growth in the use of international arbitration as a dispute resolution mechanism. However, there are unfortunately still many instances in which a party breaches an arbitration agreement and brings a claim in another forum and jurisdiction causing a significant time and cost burden to the other party. One of the possible deterrents of such behaviour is the ability in some jurisdictions to bring a damages claim against the party that breaches the arbitration agreement. Civil and common law jurisdictions have sometimes had different approaches to whether such a claim was possible. Korean law has very limited jurisprudence in relation to this issue despite Korean companies being one of the leading users of international arbitration and Korean law frequently applied in arbitrations. This article assesses how Korean law should deal with a damages claim for breach of an arbitration agreement by examining other civil and common law jurisdictions, namely Germany and England, as well as Korean law on damages. The article concludes that a claim for damages for a breach of an arbitration agreement is possible and the traditional Korean view that arbitration agreements are of purely procedural in nature and have no substantive rights and obligations arise from them does not fit with the realities of international commercial transactions and the parties’ intentions. international commercial arbitration, breach of arbitration agreement, damages claim, Korean law, civil law jurisdiction
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Greenwood, Lucy. "The Canary Is Dead: Arbitration and Climate Change." Journal of International Arbitration 38, Issue 3 (June 1, 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 purpose in a world where climate change will impact every area of our lives. Climate change, Climate emergency, Arbitration, Protocol, Investment Arbitration, Commercial Arbitration, Dispute Resolution, Paris Agreement, Greener Arbitrations, Green Pledge
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Menon, Sundaresh. "Dispelling Due Process Paranoia: Fairness, Efficiency And The Rule Of Law." Asian International Arbitration Journal 17, Issue 1 (May 1, 2021): 1–27. http://dx.doi.org/10.54648/aiaj2021001.
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The phenomenon of due process paranoia is a real and growing problem in international arbitration. It potentially exacerbates the trend of rising costs and delays in international arbitration, undermines the significance of due process, and reinforces the erroneous conception that the goals of due process and efficiency are inherently opposed. It overlooks the fact that the concept of due process in international arbitration has been carefully calibrated so that it refrains from absolutism and contains a window through which considerations of efficiency can properly feature. Perhaps most significantly, due process paranoia compounds the problems of the rapidly growing complexity of disputes and the inertia that has slowed the reform of longstanding procedures that arbitration’s users neither require nor desire. In these ways, due process paranoia threatens the legitimacy of international arbitration. due process paranoia, complexity problem, legitimacy of international arbitration, rule of law.
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Kirby, Jennifer. "Efficiency in International Arbitration: Whose Duty Is It?" Journal of International Arbitration 32, Issue 6 (December 1, 2015): 689–95. http://dx.doi.org/10.54648/joia2015032.
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This article tracks a talk the author gave at Helsinki Arbitration Day 2015.The author notes that the issue of efficiency in international arbitration is often misunderstood to be a matter of time and cost, when it is really a question of the relationship between time, cost, and quality. Anyone who thinks that arbitration can be fast, cheap and good should think again. While parties and their counsel and arbitral institutions can help to reduce time and cost, it ultimately falls to the arbitrator to make arbitration more efficient. But any effort to increase efficiency amounts to nothing more than tinkering with a well-oiled prosperity machine.
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Morrison, James. "Recent Developments in International Arbitration in Australia 2017/2018." Journal of International Arbitration 36, Issue 3 (June 1, 2019): 401–16. http://dx.doi.org/10.54648/joia2019019.
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This article summarizes recent developments in international arbitration in Australia over 2017 and 2018. After briefly canvassing the major international arbitration-related conferences held Australia and statistics from Australian and international arbitral institutions, the author explains the new amendments to the International Arbitration Act (IAA) 1974 (Cth) and the entry into force of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, then provides case notes on recent cases before the Australian courts dealing with (1) an application to remove an arbitrator and set aside his awards for breach of natural justice and prejudgment; (2) an ambiguous dispute resolution clause providing for mediation under institutional arbitration rules; and (3) an anti-arbitration injunction and the basis of the power the Federal Court of Australia to issue it.
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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 (March 22, 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 predominately upheld position in the doctrine, we will provide evidence to the specific limitations of the most aimed efficacy of the arbitration decisions. We will demonstrate through the jurisprudential (arbitration) analysis the necessity of appealing to the State Courts, excelling their contribution for the arbitration success. For the international arbitrator, the focus of the arbitration in the quality of lex fori comes up as important. We will draft its potential regulation capacities while cohesive juridical system, mainly in the dissension subsystem, the principles and proceeding rules, without forgetting the legitimacy to apply other transnational system rules To deny the existence of a lex fori to the international arbitrator is a redundancy, for, beyond the arbitrator having a lordship, the arbitration court also has a lex fori.Keywords: arbitration; arbitrator; international; lex fori
30
Jhangiani, Sapna. "Conflicts of Law and International Commercial Arbitration Can Conflict Be Avoided?" BCDR International Arbitration Review 2, Issue 1 (May 1, 2015): 99–116. http://dx.doi.org/10.54648/bcdr2015006.
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International arbitration, by its nature, raises conflict of laws issues because of the interaction between different legal systems. Parties to international arbitrations face more potential choice-of-law issues than international litigants, and such issues include: what law governs the arbitration agreement where the parties have not expressly agreed this?; what law governs capacity?; what is the lex arbitri?; and what law governs the granting of interim measures by a tribunal? The author analyzes the common law approach to the above issues, and argues that there is not enough consistency and guidance to navigate them.A lack of harmonization in relation to these issues leads to a lack of certainty for users which may, in turn, discourage users away from international arbitration as a dispute resolution process. The author therefore proposes reforms and preferred approaches to be adopted by the international arbitration community in order to lead to greater certainty in the outcome to these issues.
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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 (October 20, 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 comprises of rules associated with form, impact, and interpretation of arbitral award. This study aims to investigate the experience of the Kingdom of Bahrain related to the addition of new arbitration rules. A detailed analysis of the newly developed changes has been conducted to provide important propositions. Findings of the study indicate that despite the effectiveness of newly developed changes, a few further amendments are required to increase the flow of international investments in Bahrain by providing the investors with the security they need.
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Mason, Paul Eric. "New Keys to Arbitration in Latin-America." Journal of International Arbitration 25, Issue 1 (February 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 Latin America. The ten key sections are analyzed in the following order: (1) relationship of arbitration to political and economic change in the region; (2) acceptance of arbitration in Latin American state contracts; (3) investment treaty arbitration; (4) growing use and promotion of arbitration by international funding agencies; (5) application of international treaties supporting arbitration; (6) domestic legal support for arbitration in Latin America; (7) development of institutional arbitration versus ad hoc arbitration; (8) industry and activity-specific arbitration; (9) multi-tier dispute resolution mechanisms; (10) the profession in Latin America.
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van Zelst, Bas, and D. L. Van Besouw. "Private International Law Aspects of Arbitrator Liability: A European Perspective Post-Brexit." Journal of International Arbitration 38, Issue 6 (November 1, 2021): 723–60. http://dx.doi.org/10.54648/joia2021034.
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This article investigates how various private international law (PIL) instruments relevant in the European context, post-Brexit, deal with questions of jurisdiction, applicable substantive law, and recognition and enforcement pertaining to the contractual liability of arbitrators. Based on an analysis of applicable European Union (EU) case law and the drafting history of, amongst others, the Brussels I (Recast) Regulation and its predecessors, it submits that that the exclusions included in such Regulation with regard to arbitration proceedings do not apply to the Arbitration Contract between the Parties and the Arbitrator or Arbitrators. Second, we submit that the law applicable to a claim for breach of contract by an Arbitrator must be found through the application of Rome I. Rome I provides that the law of the country where the Arbitrator that is alleged to be liable vis-à-vis (one of) the Parties has his or her habitual residence. With respect to enforceability of court judgments pertaining to arbitrator liability, we discuss and assess the Pandora’s Box that Brexit appears to have opened. This assessment leads us to conclude that, whilst the framework put in place by Brussels I (Recast) and the Lugano Convention remains largely in place, on the departure of the United Kingdom from the existing legal frameworks, enforcement and recognition of court judgments between the United Kingdom and the EU will, in the absence of a jurisdiction clause, largely shift to provisions of national law and/or bilateral treaties. Arbitration, International Arbitration, Brussels I (Recast), Rome I, Hague Convention, Lugano Convention, Brexit, Private International Law, Arbitrator, Liability
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Wilson, David. "The Resurgence of Scotland as a Force in International Arbitration: The Arbitration (Scotland) Act 2010." Journal of International Arbitration 27, Issue 6 (December 1, 2010): 679–87. http://dx.doi.org/10.54648/joia2010038.
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The Arbitration (Scotland) Act 2010 has introduced significant and welcome changes to the law and practice of arbitration in Scotland, sweeping away centuries of inconsistency and uncertainty. Following the much-needed and long-awaited codification of the old common law, will Scotland’s popularity improve as a cost-effective and efficient seat for arbitration on the international stage? This article details the history of arbitration in Scotland and explains how the provisions of the 2010 Act will rectify the unsatisfactory system of arbitration that it is overruling. Although it remains to be seen to what extent the 2010 Act will affect Scotland’s reputation as a credible seat for international arbitrations, both Scots lawyers and non-lawyers alike are optimistic that the impact will be positive.
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Amalia, Prita, and Muhammad Faiz Mufidi. "THIRD-PARTY IN INTERNATIONAL COMMERCIAL ARBITRATION: INDONESIA PERSPECTIVE." Mimbar Hukum 35 (December 28, 2023): 1–16. http://dx.doi.org/10.22146/mh.v35i0.11381.
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Abstract An arbitration Agreement between the parties is an important source of law in the arbitration proceeding, especially in International Commercial Arbitration. Arbitration Agreements, which could be made before and after the dispute, provide jurisdiction to the arbitral tribunal to settle the dispute. Traditionally, the arbitration agreement provides that only the parties in the agreement could be bound by the arbitration proceeding. However, in commercial arbitration, there is a circumstance in which a third party could be bound to arbitration proceedings. Indonesia has an arbitration law based on Law No. 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution. This law stipulates how arbitration proceedings could proceed in Indonesia, including third-party issues in arbitration proceedings, as stipulated in Article 30. However, it depends on an arbitrator to settle since the Law itself does not explain further. The definition also does not govern in BANI Rules and Procedure as BANI procedural law. One opinion based on the writer’s research shows that commercial arbitration in Indonesia could also consider Indonesian Civil Procedural Law, as well as the regulation toward third parties’ involvement. Some of the mechanism of third parties’ involvement that has been regulated in Indonesian Civil Procedural Law is Vrijwaring, Tussenkomst, and Voeging. Abstrak Perjanjian Arbitrase di antara para pihak merupakan sumber hukum utama dalam proses arbitrase, khususnya dalam Arbitrase Komersial Internasional. Perjanjian Arbitrase dapat dibuat sebelum dan setelah sengketa, dan merupakan dasar kewenangan dari lembaga arbitrase untuk menyelesaikan sengketa. Secara konsep, perjanjian arbitrase hanya mengikat para pihak yang terikat dalam perjanjian arbitrase. Namun demikian, terdapat kondisi bilamana pihak ketiga dapat terikat dalam proses arbitrase. Indonesia mengatur arbitrase dalam UU No. 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa. Undang-undang ini mengatur bagaimana proses arbitrase di Indonesia, termasuk para pihak dalam proses arbitrase sebagaimana diatur dalam Pasal 30. Hal ini sangat tergantung pada arbiter untuk memutuskannya karena undang-undang tidak memberikan penjelasan lebih lanjut. Penjelasan selanjutnya juga tidak diatur dalam Hukum Acara BANI. Berdasarkan hasil penelitian yang dilakukan, dalam arbitrase komersial di Indonesia, para pihak perlu mempertimbangkan Hukum Acara Perdata yang berlaku di Indonesia, khususnya mengenai pengaturan bagaimana pihak ketiga bisa terikat dalam proses arbitrase. Mekanisme keterlibatan pihak ketiga yang diatur dalam Hukum Acara Perdata Indonesia yaitu Vrijwaring, Tussenkomst, and Voeging.
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Neves, Flávia Bittar. "International Construction Arbitration Law." Revista Brasileira de Arbitragem 4, Issue 15 (June 1, 2007): 248–51. http://dx.doi.org/10.54648/rba2007047.
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Wilske, Stephan. "Why South Africa Should Update Its International Arbitration Legislation — An Appeal from the International Arbitration Community for Legal Reform in South Africa." Journal of International Arbitration 28, Issue 1 (February 1, 2011): 1–13. http://dx.doi.org/10.54648/joia2011001.
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The 2010 FIFA World Cup has stirred renewed interest in South Africa as a potential international trade and investment partner and in the country’s ability and readiness to host international arbitrations. In light of the global movement toward the modernization of arbitration laws, South Africa seems to be lagging behind other developing countries which are eagerly reaping the benefits that come with being a place of arbitration. Despite the fact that South Africa is Africa’s economic powerhouse, it is neglected as a place of arbitration. This article examines why this is so, noting in particular that South Africa’s main arbitration laws are perceived as “outdated” and “inadequate,” which discourage parties from choosing South Africa as a place of arbitration. In particular, the article shows that the South African Arbitration Act (SAAA) of 1965 gives excessive discretionary powers to local courts, allowing them to obstruct the arbitration process, and that subsequent legislation fails to give adequate effect to the New York Convention. In acknowledging recent developments that reaffirm arbitration as a means of dispute resolution in South Africa, the article concludes with a call for legal reform in this field of law beyond the efforts already made by the South African Law Commission.
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Lu, Song. "The New CIETAC Arbitration Rules of 2012." Journal of International Arbitration 29, Issue 3 (June 1, 2012): 299–322. http://dx.doi.org/10.54648/joia2012019.
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Arbitration rules play a vital role in the promotion of an international arbitration institution. They also serve as one of the major attractions to potential arbitration users of that institution's service. In 2012, China International Economic and Trade Arbitration Commission (CIETAC) has again effected a substantial revision of its arbitration rules, which came into force on 1 May 2012. This article discusses the main changes made this time to the CIETAC Rules, which touch upon a number of important issues including consolidation of arbitrations, the appointment of arbitrators, tribunal-ordered interim measures, the seat of CIETAC arbitration, exchange and service of documents, arb-med-arb approach, suspension and termination of arbitral proceedings, etc. Practical advice relating to those changes has also been provided where appropriate.
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Carreteiro, Mateus Aimoré. "Appellate Arbitral Rules in International Commercial Arbitration." Journal of International Arbitration 33, Issue 2 (April 1, 2016): 185–216. http://dx.doi.org/10.54648/joia2016010.
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Arbitral proceedings are praised for the finality of their arbitral awards. One cannot ignore, however, that parties to complex and high-stakes disputes may be concerned about potential errors. In certain disputes, therefore, an internal appellate tribunal may be an interesting option for effective review of awards. After reviewing the role of appeals in litigation, this article analyzes the reasons in favor of appeals in international commercial arbitration and reviews how arbitral institutions have structured appellate arbitral rules and other potential issues that may arise. In conclusion, this article suggests that appeals, in the context of certain international commercial arbitrations, may improve the arbitration system and be crucial instruments to protect parties against erroneous decisions and to safeguard the integrity of the arbitration process.
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Nottage, Luke, Robert Tang, and Julia Dreosti. "The ACICA Arbitration Rules 2021: Advancing Australia’s Pro-Arbitration Culture." Journal of International Arbitration 38, Issue 6 (November 1, 2021): 775–806. http://dx.doi.org/10.54648/joia2021036.
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This article compares the new Rules of the Australian Centre for International Commercial Arbitration (ACICA) with ACICA’s 2016 Rules and those of other arbitration institutions, especially in the Asia-Pacific region. It shows how the revisions help to minimize formalization and promote efficiencies, arguably essential for arbitration’s legitimacy given that many of arbitration’s design features are traded off for an attenuated model of the rule of the law, according to a recent analysis by Singapore’s Chief Justice Sundaresh Menon. The article explains new ACICA Rules aimed at reducing costs and delays, including measures to deepen digitalization of arbitration following the Coronavirus disease 2019 (COVID- 19) pandemic and to reduce the consent-based limitations inherent in arbitration, especially for multi-party and multi-contract disputes. Other new provisions include time limits for awards, and reference to mediation, although not ultimately hybrid Arb-Med. The article also examines how the Rules balance confidentiality with transparency, including new provisions for disclosure of third-party funding. It concludes by reiterating how the 2021 ACICA Rules help meet the expectations of international arbitration users and practitioners, according to recent surveys, and link to possible further reforms to underpin Australia’s increasingly pro-arbitration culture. international commercial arbitration, Rules, Australia, Asia-Pacific, remote hearings, confidentiality, third-party funding, law reform, costs and delays
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Abdel Wahab, Mohamed S., and Noha Khaled. "Egypt: Recent Developments in Arbitration." Yearbook of Islamic and Middle Eastern Law Online 22, no. 1 (June 27, 2023): 195–205. http://dx.doi.org/10.1163/22112987-20230034.
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Abstract This Article tackles two main streamlines. Firstly, the legislative updates pertaining to international arbitration within the jurisdiction. These consist in the following: (i) the establishment of a committee to work on a proposal for the amendment of the Egyptian Arbitration Law, within a limited scope of amendments; and (ii) the amendments to Prime Ministerial Decree No. 1062 of 2019 expanding the scope of review of the High Committee for Arbitration and International Disputes, by virtue of Prime Ministerial Decrees No. 2592 of 2020 and No. 3218 of 2022. Secondly, the case law updates where Egyptian courts have addressed various issues proving that the Egyptian judiciary is an arbitration-friendly seat and in alignment with international arbitration trends. Among the cited case law updates, the Egyptian Court of Cassation has expressly cited the IBA Guidelines on Conflicts of Interest in International Arbitration (2014), for the first time ever, when addressing the duty of disclosure of an arbitrator. The Court of Cassation has also set the conditions that require to be fulfilled if an arbitrator abstains from signing the arbitral award and has set definitions for deliberations and dissenting opinions. The Cairo Court of Appeal has considered the arbitrators’ illness of COVID-19 as a force majeure event that interrupts the arbitration proceedings by the force of law and held that WhatsApp instant messaging constitutes a valid means of communication in arbitral proceedings as long as the fundamental principles of arbitration are observed.
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Aye, Thida, and James Finch. "International Arbitration Under Myanmars Arbitration Law." Asian International Arbitration Journal 12, Issue 2 (December 1, 2016): 235–52. http://dx.doi.org/10.54648/aiaj2016011.
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Flanagan, Mary, and James Morrison. "Recent Developments in International Arbitration in Australia 2015/2016." Journal of International Arbitration 33, Issue 6 (December 1, 2016): 723–37. http://dx.doi.org/10.54648/joia2016044.
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This article provides an update on recent major developments in international arbitration in Australia during 2015 and 2016. It considers amendments to the legislative framework, including several much needed updates to the International Arbitration Act 1974 (Cth), as well as the latest round of changes to the ACICA Arbitration Rules. An overview of recent court decisions is also provided, including the much publicised decision of Giedo van der Garde v Sauber Motorsport AG [2015] VSC 80. Overall, these developments show that Australia continues to build upon its strengths as a potential venue for international arbitrations and is moving closer to becoming a key player in the competitive Asia Pacific market.
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Seyadi, Reyadh Mohamed. "Intellectual Composition of Arbitral Tribunals According to the New Saudi Arbitration Law." Arab Law Quarterly 33, no. 1 (December 12, 2019): 99–108. http://dx.doi.org/10.1163/15730255-12331028.
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Abstract One significant feature of arbitration that distinguishes it from litigation in national courts, is the parties’ freedom to select the arbitrator or members of the arbitral tribunal familiar with the kind of dispute that might arise or already has arisen. In 2012, a new arbitration law was issued in the Kingdom of Saudi Arabia (KSA) inspired by the texts of the Model Law on International Commercial Arbitration. In all its provisions it included the requirement not to violate Sharīʿah law (Islamic legal tradition). However, according to this law, the sole arbitrator or presiding arbitrator must hold a Bachelor of Laws (LLB) or Sharīʿah law degree. This provision is mandatory, and the parties cannot agree otherwise. This article seeks to provide some thoughts on this restriction through an analysis of arbitrator qualifications under Sharīʿah law in order to provide a better understanding of the position adopted by the KSA Arbitration Law.
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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 (June 1, 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 arbitration is instituted, the request is addressed to the courts; after the constituted arbitration, the request is directed to the arbitrator. At the end, an examination of the applicability of such devices is carried out and, also, decisions of the Brazilian courts on the subject are analyzed.
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Favero Vaughn, Gustavo, and Flávio Luiz Yarshell. "Two reasons why Section 1782 is pro-arbitration." Revista Brasileira de Arbitragem 19, Issue 75 (September 1, 2022): 70–94. http://dx.doi.org/10.54648/rba2022029.
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This article deals with policy concerns regarding the availability of 28 U.S.C. § 1782 discovery in aid of private international arbitration. It focuses on two main policy concerns, and, to that effect, it aims to answer two questions. First, Does Section 1782 Undermine Arbitrators’ Control Over the Taking of Evidence? Second, Does Section 1782 Undermine International Arbitration’s Efficiency? This article answers negatively to both questions, therefore concluding that Section 1782 is pro-arbitration. International arbitration; evidence gathering; evidence; discovery; arbitrators’ authority; comparative law; U.S. law; section 1782.
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Louise Livingstone, Mia. "Party Autonomy in International Commercial Arbitration: Popular Fallacy or Proven Fact?" Journal of International Arbitration 25, Issue 5 (October 1, 2008): 529–35. http://dx.doi.org/10.54648/joia2008041.
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Parties to cross–border disputes are developing a preference for international commercial arbitration as a desired alternative to litigation in the national courts. This trend owes much to the popular pro–arbitration belief that arbitrating parties are granted the autonomy to control their own decision–making process. But is this true? This article explores whether party autonomy is achieved in practice in international commercial arbitration or whether the parties still find themselves burdened with quasilitigious constraints. Upon considering the experience of international parties from an Australian and English perspective, this article finds that the restrictions imposed on parties to international commercial arbitration have developed so as to protect the freedoms they can exercise in the process.
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Zhong, Mariana, and Jingzhou Tao. "Chinas 2017 Reform of Its Arbitration-Related Court Review Mechanism with a Focus on Improving Chinese Courts Prior-Reporting System." Journal of International Arbitration 35, Issue 3 (June 1, 2018): 371–78. http://dx.doi.org/10.54648/joia2018020.
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The Chinese Supreme People’s Court has devoted relentless efforts into reforming China’s arbitration regime, before a formal amendment of the PRC Arbitration Law is put on the National People’s Congress’s legislative agenda. In order to address several outstanding issues including the ‘dual-track review system’ existing in Chinese courts’ review process of domestic and foreign/foreign-related arbitrations, the Supreme People’s Court (SPC) issued several judicial documents including two judicial interpretations in 2017, focusing on regulating and unifying Chinese courts’ review of parties’ applications relating to the validity of arbitration agreements, enforcement and/or set-aside of arbitral awards. This reform further aligns Chinese arbitration with international practices, and sends a strong signal to the international arbitration community about China’s commitment to evolve into an arbitration-friendly environment.
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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 (June 1, 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 mandate.
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Massoud, Mark Fathi. "International Arbitration and Judicial Politics in Authoritarian States." Law & Social Inquiry 39, no. 01 (2014): 1–30. http://dx.doi.org/10.1111/lsi.12050.
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This article uses the case of Sudan to show how authoritarian regimes benefit from embracing international arbitration, allowing them to maintain domestic control and attract foreign investment. International arbitration ensures that foreign‐investment disputes are resolved outside of domestic purview, obviating the need for nondemocratic states to create independent courts. Research on judicial politics in authoritarian regimes has largely overlooked those private and extra‐judicial pathways—international arbitration tribunals—that illiberal regimes have been taking. Similarly, research in international commercial law has neglected domestic politics, overlooking arbitration's consequences for domestic stakeholders. Promoting international arbitration without paying heed to its side effects can unwittingly help illiberal regimes, particularly in weak states, to continue to repress their judiciaries and curtail the development of domestic legal institutions and the rule of law.