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Journal articles on the topic 'International arbitration'
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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.
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Chung, Yongkyun, and Hong-Youl Ha. "Arbitrator acceptability in international commercial arbitration." International Journal of Conflict Management 27, no. 3 (July 11, 2016): 379–97. http://dx.doi.org/10.1108/ijcma-07-2015-0046.
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Purpose The purpose of this paper is to identify the determinants of arbitrator acceptability and investigate whether the perceived costs of arbitration moderate the relationship between arbitrator acceptability and arbitrator characteristics in international commercial arbitration. Design/methodology/approach A two-stage analytic process is used to test the dimensionality, reliability and validity of each construct and then the proposed hypotheses. Findings The findings show that the five constructs of arbitrator characteristics – reputation, practical expertise, legal expertise, experience and procedural justice – statistically significantly explain arbitrator acceptability. Moreover, perceived cost of arbitration moderates the relationship between arbitrator acceptability and arbitrator characteristics. However, the moderating effect of perceived costs of arbitration is not equal across characteristics. Research limitations/implications Knowledge regarding potential moderators of the strength of the indicators of arbitrator acceptability will be useful to future researchers in determining which variables to study in arbitrator selection research. Practical implications Useful guidelines in the selection of an international arbitrator are proposed. Originality/value This study contributes to arbitrator acceptability literature through the suggestion of a hypothesized model of arbitrator acceptability with auxiliary hypothesis of reputation in international contexts. In addition, this study investigates the moderating role of perceived cost of arbitration on the relationship between arbitrator acceptability and arbitrator characteristics.
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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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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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Ms. Charu Shahi, Dr Sachin Rastogi,. "THE CONCEPT OF INSTITUTIONAL ARBITRATION – NEED FOR THE HOUR." Psychology and Education Journal 58, no. 2 (February 20, 2021): 6601–9. http://dx.doi.org/10.17762/pae.v58i2.3194.
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The Indian lawmakers have an agenda to promote India as an Arbitration hub for solving disputes, thus, they brought about certain changes to the Arbitration and Conciliation Act, 1996 by way of an amendment namely, the Arbitration and Conciliation (Amendment) Act, 2015 (“2015 Amendments”) which aimed at achieving this goal by facilitating speedy and efficacious resolution of disputes through arbitration. It is widely accepted that India prefers ad hoc arbitration over institutional arbitration. Though various arbitral institutions have been set up in India, especially in the last five years, ad hoc arbitration continues to be the preferred mode of arbitration. Moreover, a large number of international arbitrations involving Indian parties are seated abroad and administered by foreign arbitral institutions. In order to promote institutional arbitration in India, it is imperative that: (a) Indian parties involved in domestic and international arbitrations are encouraged to shift to institutionally administered arbitrations rather than resort to ad hoc arbitrations; and (b) India becomes a favored seat of arbitration for international arbitrations, at the very least in matters involving Indian parties. With this background, this paper delineates certain issues that exist in the Institutional Arbitration in India and identifies areas for reform in the Indian arbitration, to strengthen the existing arbitration mechanisms, and also to put forward focus areas for promoting institutional arbitration in India.
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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
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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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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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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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Li, Xinze. "Role of International Arbitration in Resolving International Disputes and Analysis of Examples." Lecture Notes in Education Psychology and Public Media 44, no. 1 (April 18, 2024): 90–96. http://dx.doi.org/10.54254/2753-7048/44/20230085.
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The international community often uses international arbitration to resolve international disputes, and in arbitration, the parties often challenge the jurisdiction of the arbitration. This paper first discusses the three characteristics of international arbitration and four main types of international arbitration public organizations and then addresses the issues associated with the jurisdiction of international arbitration. In this part, it includes the definition as well as the scope of jurisdiction, and the factors considered in establishing it are mentioned, also the current problems of jurisdiction. In the second part, the paper discusses and analyzes todays jurisdictional disputes through four international arbitration cases related to territory and sea. These cases discuss the conditions for the use and scope of compulsory jurisdiction and the treatment of arbitrations traditionally outside the jurisdiction of the court by a particular court are addressed, and the cases also deal with the problem of who decides if the arbitral tribunal has jurisdiction. About final section, discusses by way of example, the gradual expansion of arbitration jurisdiction today and the many problems that may exist as a result of this trend, such as the pressures placed on arbitrators and arbitral tribunals and implications for the nature of arbitral tribunals.
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Blanke, Gordon. "Arbitrating in a Modern World: Challenges and Opportunities." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 89, Issue 3 (August 1, 2023): 238–65. http://dx.doi.org/10.54648/amdm2023024.
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This lecture was delivered as the 2023 International Dispute Resolution Institute (IDRI) Annual Lecture in Abuja, Nigeria, on 28 April 2023. It discusses the major challenges and opportunities of arbitrating in a modern world. In doing so, it addresses the increasing digitalization of arbitration, the introduction of two main new types of arbitration, i.e., digital/online arbitrations on the one hand and free zone arbitration on the other, as well as the arbitration of new types of disputes, i.e., disputes involving economic sanctions and disputes related to human rights (HR). In this sense, this lecture offers a tour d’horizon of the changing face of arbitration in the 21st century, testifying to its innate procedural flexibility and adaptability. Arbitrators and arbitral institutions, in turn, are advised to adapt in order to stay relevant in the modernizing discourse of arbitration.
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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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Romero, Eduardo Silva. "Remarks by Eduardo Silva Romero." Proceedings of the ASIL Annual Meeting 112 (2018): 244–48. http://dx.doi.org/10.1017/amp.2019.84.
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Starting with the state-to-state disputes, my impression is that international commercial arbitration has very little influence on them, if not nil. That is the case for, I believe, two reasons. The first reason is that the arbitrators dealing with state-to-state disputes and state-to-state arbitrations are usually, if not always, public international lawyers, and, further, they are often former judges of the ICJ, with the result that the rules and practices of the ICJ are more present in those arbitrations than those coming from international commercial arbitration. The second reason is that not many, if any, international commercial arbitrators intervene in those disputes. There may, in the end, be some procedural similarities between state-to-state arbitration and international commercial arbitration, due to the fact that both are “arbitration,” but that would be it.
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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.
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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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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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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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Harris, Peter. "Growing New Wings: The Rise Of International Arbitration In Japan." Asian International Arbitration Journal 17, Issue 1 (May 1, 2021): 29–40. http://dx.doi.org/10.54648/aiaj2021002.
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This article considers the growing trend for Japanese entities to select international arbitration as the primary means for resolving international business disputes. In particular, this paper focuses on the following four factors which it identifies as being significant drivers behind this trend: (1) increasing maturity of Japanese parties in terms of their arbitration experience; (2) a growth in awareness of arbitration associated the rapid expansion of Japan’s investment treaty programme; (3) the establishment of a locally based arbitration talent pool, and (4) improvements in the domestic legal, educational and physical infrastructure for arbitrations seated in Japan. Japan, international arbitration, investment treaty arbitration, market growth, legal infrastructure, statistics.
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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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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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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.
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Lee, Jae-Ho, and Myong-Sop Pak. "Arbitrator Acceptability in International Maritime Arbitration." Journal of Korea Trade 24, no. 5 (August 31, 2020): 18–34. http://dx.doi.org/10.35611/jkt.2020.24.5.18.
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Grynaviski, Eric, and Amy Hsieh. "Hierarchy and Judicial Institutions: Arbitration and Ideology in the Hellenistic World." International Organization 69, no. 3 (2015): 697–729. http://dx.doi.org/10.1017/s0020818315000090.
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AbstractInternational arbitration is a distinctive feature of both contemporary international politics and the ancient world. Explanations of arbitration in the international relations literature generally posit that states engage in arbitration to mitigate the effects of competition in an anarchical system, or that the practice of arbitration reflects democratic norms. However, an examination of arbitration during the paradigmatic case of the Hellenistic period (338–90bce) casts doubt on the existing literature. Hierarchy rather than anarchy better characterizes the political context in which arbitration took place: the Greeks often organized themselves into alliances or leagues in which a hegemon dominated decision making, or into federal states with a common foreign policy. This hierarchical setting was a necessary condition for international arbitration where the practice of arbitration was a tool to legitimize hierarchical powers. We assemble an original data set of Hellenistic arbitrations, and use qualitative comparative analysis to show that hierarchy was almost always a necessary condition for international arbitration. Process-tracing of arbitration under three political orders—hegemonic kingdoms in the Greek world, Greek federations, and the Roman Empire—shows that arbitration as a particular means of dispute resolution was used as an ideological device to build and legitimize international order. We then analyze the contemporary record, finding a role for hierarchy in modern international arbitration.
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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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Vesel, Scott. "Will the Future See More Investment Arbitrations Taking Place in the Middle East?" BCDR International Arbitration Review 3, Issue 2 (December 1, 2016): 267–77. http://dx.doi.org/10.54648/bcdr2016028.
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To date, few, if any, investment arbitrations have been conducted in the Middle East. This situation contrasts with the fundamental historical importance the region has played as the location of seminal disputes that have helped to establish the international arbitration regime as we know it today, as well as the important and growing role of Middle Eastern parties in both commercial and investment arbitration. This essay considers the general trend towards decentralization of seats and venues in international arbitration and the factors that may eventually lead to more arbitrations taking place within the region.
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Pratap Singh, Raghvendra, and Srishti Kumar. "Transparency and Confidentiality in International Commercial Arbitration." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 86, Issue 4 (December 1, 2020): 463–81. http://dx.doi.org/10.54648/amdm2020037.
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The debate between confidentiality and transparency in international commercial arbitration is not recent. While confidentiality had been considered one of the critical features of international commercial arbitration, lately, it has been argued that transparency is required for arbitration to succeed as an efficient and reliable method of dispute resolution. This article seeks to address if confidentiality forms the cornerstone of all commercial arbitration or the higher calls for transparency are justified and possible without adversely affecting the popularity of arbitration as the most preferred mode of alternative dispute resolution. The authors would argue that confidentiality and transparency are not necessarily adversarial, and it is possible to achieve the right balance between the interests of the arbitrating parties seeking confidentiality and the need for greater transparency. Further, the authors would attempt to examine the process of arbitration and the feasibility of making the various stages of the process more transparent.
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de Menezes, Caio Campello. "CIETAC e Suas Novas Regras de 2012." Revista Brasileira de Arbitragem 9, Issue 34 (June 1, 2012): 7–16. http://dx.doi.org/10.54648/rba2012019.
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ABSTRACT: The China International Economic and Trade Arbitration Commission -- CIETAC arbitration rules have been recently reviewed. The new edition came into force on May 1st 2012. The arbitration rules were under review since 2005 and they became more "international". Among the changes that were implemented, some should be highlighted, such as (i) CIETAC may now administrate arbitrations not governed by their own arbitration rules; (ii) the seat of arbitration may be freely chosen by the parties and no longer the People's Republic of China shall be the mandatory seat of arbitration; and (iii) the arbitrators have their powers extended in order to grant interim measures under the laws governing the arbitration.
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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.
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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.
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Feigerlová, Monika. "Emergency Measures of Protection in International Arbitration." International and Comparative Law Review 18, no. 1 (June 1, 2018): 155–77. http://dx.doi.org/10.2478/iclr-2018-0030.
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Summary Numerous arbitration rules were amended over the last five years to include provisions on the so-called emergency arbitration measures. An emergency arbitrator is appointed before the constitution of a full arbitral tribunal and is empowered to grant an interim relief that the applicants could have historically obtained in these urgent situations from ordinary courts only. The article discusses key aspects and challenges of the new institute in the context of both international commercial and investment arbitration.
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Dawson, Georgia, and Kate Apostolova. "Banks as Claimants in Investment Arbitration." Asian International Arbitration Journal 16, Issue 2 (November 1, 2020): 93–112. http://dx.doi.org/10.54648/aiaj2020017.
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Historically, banks have tended to prefer litigation over arbitration for their disputes. However, in recent years, banks have increasingly been using international arbitration instead, particularly when doing transactions in Asia and in emerging markets. The 2018 Queen Mary International Arbitration Survey also concluded that financial institutions, including banks, and their counsel are ‘contemplating arbitration with much greater interest than ever before’. In addition to using international commercial arbitration more often, banks have increasing sought to benefit from treaty-based international investment arbitration. The protections afforded in investment treaties mitigate some of the key risks banks face when investing abroad, such as having their investment nationalized or being subjected to unfair investigations. This article focuses on banks as claimants in treaty-based investment arbitrations, a subject not addressed in commentaries. It examines the publicly available investment arbitration awards in cases brought by banks against States and sets out to identify some key trends and themes. banks, investment arbitration, jurisdiction, investor, investment, fair and equitable treatment, expropriation
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Grant, TD. "International Arbitration and English Courts." International and Comparative Law Quarterly 56, no. 4 (October 2007): 871–84. http://dx.doi.org/10.1093/iclq/lei204.
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The Court of Appeal, Civil Division, Longmore LJ, on 24 January 2007 handed down a decision in Fiona Trust v Privalov which clarifies the relation between sections 9 and 72 of the Arbitration Act 1996; affirms, again, in strong terms the separability (or severability) of an arbitration clause from the contract in which it is included; and, apparently for the first time in English courts, establishes that allegations of bribery may be subject to the jurisdiction of an arbitrator. The decision therefore holds interest in relation to the enforcement in the United Kingdom of agreements to arbitrate and, more generally, supports the position that arbitration has a role to play in international efforts to combat corruption.
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Kamath, Alex. "The Path to Becoming a Modern International Arbitrator: Implications for Diversity and Systemic Legitimacy." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 87, Issue 3 (September 1, 2021): 298–318. http://dx.doi.org/10.54648/amdm2021022.
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Arbitrators form the cornerstone of the international commercial and investment arbitration regimes. In an age of globalized business, the path to becoming an international arbitrator, analysed from a legal profession perspective, is a growing area of interest. This study, using an interview-based methodology, seeks to shed light on the process of becoming an international arbitrator today. The focus is primarily on independent arbitrator practices, which consist of individuals who are not associated with a firm but might be affiliated with a barrister or arbitration chambers, and who dedicate the majority of their professional activity to sitting as an independent arbitrator in both the commercial and investment arbitration contexts. It analyses the reasons that motivate individuals to go ‘solo’ and the challenges that these individuals face after founding their practices. Additionally, information on the economics of an independent arbitrator practice and the management of case flow is provided. Through their interviews, respondents provide tips on business development and growth of successful independent arbitrator practices. This information is then analysed to provide key takeaways on the business models of modern international arbitrators. Finally, the study offers insights on the impact of these independent arbitrator practices on the questions of diversity and double hatting in international arbitration.
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Peter, Adolf. "Procedural Considerations In Cietac Arbitrations Seated In Vienna." Asian International Arbitration Journal 17, Issue 1 (May 1, 2021): 41–78. http://dx.doi.org/10.54648/aiaj2021003.
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This article analyses some of the most important legal implications of international arbitrations seated in Vienna and administered by the newly established European Arbitration Centre of the China International Economic and Trade Arbitration Commission (CIETAC). First, the article focuses on consolidations, joinders and multiple contracts, particularly in the context of supply chains involving multiple parties. The article demonstrates that the CIETAC Rules offer a more effective approach for consolidations, and the Vienna Rules vest the arbitral tribunal with a broader discretionary power for granting a joinder. Second, the article addresses arbitration agreements involving a consumer. If the seat of an arbitration is in Austria, strict legal requirements have to be fulfilled regarding the conclusion of arbitration agreements with consumers. Third, the article covers interim and conservatory measures by comparing the CIETAC Rules with the Vienna Rules and introduces possible solutions for the CIETAC European Arbitration Centre to submit an application for interim or conservative measures to the competent Chinese courts. Fourth, the article discusses the requirement of foreign (non-Chinese) elements in contracts to be able to select non-Chinese arbitration institutions and non- Chinese substantive law. Are foreign funded enterprises (seated in Mainland China) allowed to agree on a Vienna-seated arbitration administered by the CIETAC European Arbitration Centre? consolidations, joinders, supply chains, CIETAC European Arbitration Centre, interim measures in China, foreign-related arbitrations, arbitration agreementswith consumers, CIETAC arbitrations seated in Vienna.
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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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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.
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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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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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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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Nguyen, Anh Thuy Dung. "Standards of independence and impartiality in the context of international commercial arbitration." Ministry of Science and Technology, Vietnam 65, no. 2 (August 20, 2023): 85–92. http://dx.doi.org/10.31276/vmostjossh.65(2).85-92.
Full textAbstract:
In this day and age, international commercial arbitration is widely regarded as an effective alternative dispute resolution mechanism, voluntarily chosen by a majority of parties. However, a pertinent question arises: why do an increasing number of international businesses prefer international commercial arbitration over national courts to resolve commercial cases? Apart from the efficiency and convenience that international arbitration provides, the arbitrator's professional ethics play a crucial role in maintaining the credibility and legitimacy of the process. Therefore, to bolster parties' trust in international arbitration, it is imperative to uphold the requirement of independence and impartiality of arbitrators throughout the arbitration procedure. Specifically, the arbitrator plays an important role in giving effective awards in the arbitral proceeding. Hence, each arbitrator is required to be independent and impartial so that the arbitrator's award is not questioned on the ground of lacking fairness. Furthermore, in order for the appointment process to operate smoothly, the independence and impartiality of arbitrators will be challenged in the relationships with the parties or the parties' lawyers.
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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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Wilske, Stephan, and Nigel Mackay. "The Myth of the ’Manifest Disregard of the Law’ Doctrine: Is this Challenge to the Finality of Arbitral Awards Confined to U.S. Domestic Arbitrations or Should International Ar." ASA Bulletin 24, Issue 2 (June 1, 2006): 216–28. http://dx.doi.org/10.54648/asab2006027.
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The Doctrine of ?manifest disregard of the law? arose out of dictum in a U.S. Supreme Court decision dating back to the 1950s, which mysteriously seems to have developed into a possible challenge to arbitral awards. Many international arbitration practitioners are aware of the Doctrine, but many seem to have difficulties in fully assessing the scope of its application and its possible impact on international arbitration. This article considers whether the Doctrine is, in fact, a myth, which, as far as it exists at all, affects only domestic arbitrations within the U.S. or whether international arbitration practitioners should be concerned about its potential to be used to resist recognition and enforcement of an international arbitral award. In considering the Doctrine, the article first examines the meaning of ?manifest disregard of the law? and the extent of its usage within the sphere of U.S. domestic arbitrations. It then explores whether the Doctrine can be applied to international arbitral awards, where the place of arbitration was within the U.S. and then, those where the place of arbitration was elsewhere. It also analyses the interrelation between the Doctrine and the New York Convention, in particular, the public policy exception to recognition and enforcement. In its conclusion, the article suggests that, to a certain extent, the Doctrine is a myth, in that it is so rarely successfully invoked, even in the domestic arena, and also that it is not compatible with the grounds for resisting recognition and enforcement under the New York Convention. However, given that it appears to be often used, despite its low chances of success and, given that U.S. Courts have extended its reach to international arbitration awards rendered within the U.S., it is not something that international arbitration practitioners can ignore completely and practitioners should be aware of this when considering the U.S. as the place of arbitration.
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Leite, António Pinto. "Independência, Imparcialidade e Suspeição de Árbitro." Revista Brasileira de Arbitragem 7, Issue 25 (March 1, 2010): 104–18. http://dx.doi.org/10.54648/rba2010006.
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ABSTRACT: The independence and impartiality of arbitrators is of the essence in the development of international trade arbitration. The fact that parties may appoint non-neutral arbitrators has given rise to negative reactions within the international arbitration community. However, there are some questions that need to be considered, namely: the non-neutrality of party-appointed arbitrators and the presiding arbitrator's role ensuring fair trial, tacit acceptance by one party of the non-neutrality of the arbitrator appointed by the other party and the motion of suspicion on the arbitrator within such context, the contractual nature of arbitration and the appointed arbitrators' disclosure duties, the criteria to appraise the arbitrator's subjective impartiality and the principle of good faith, the partyappointed arbitrator's role of cultural translation within international arbitration and the party's possible research duties on the independence of the arbitrator appointed by the other party.
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Loken, Keith. "Uncitral Rules on Transparency in Treaty-Based Investor-State Arbitration." International Legal Materials 52, no. 6 (December 2013): 1300–1308. http://dx.doi.org/10.5305/intelegamate.52.6.1300.
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On July 11, 2013, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (Transparency Rules). The new Transparency Rules are the product of three years of negotiations in UNCITRAL. The Transparency Rules will be available in two forms: (1) as part of the UNCITRAL Arbitration Rules, for use in arbitrations conducted under those rules, and (2) as a free-standing set of rules, available for use in arbitrations conducted under other arbitral rules, such as the Rules of the International Centre for Settlement of Investment Disputes (ICSID), or in ad hoc proceedings. The Transparency Rules, as well as the new version of the UNCITRAL Arbitration Rules that incorporates the Transparency Rules, will come into effect on April 1, 2014. The Transparency Rules are for use only in treaty-based investor-State arbitration – not in traditional commercial arbitration.
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Garnett, Richard. "NATIONAL COURT INTERVENTION IN ARBITRATION AS AN INVESTMENT TREATY CLAIM." International and Comparative Law Quarterly 60, no. 2 (April 2011): 485–98. http://dx.doi.org/10.1017/s0020589311000030.
Full textAbstract:
International commercial arbitration has long been a popular method for resolving cross-border business disputes. The opportunity for parties to choose their adjudicators and the dispute resolution procedure, the scope for privacy and the greater capacity for enforcement of awards compared to court judgments are all important reasons that parties prefer international arbitration over litigation. Reinforcing this trend in favour of international commercial arbitration has been a general consensus among national courts and legislatures that support, rather than interference, should be provided to the arbitral process. Such a philosophy is apparent, for example, in the requirements in the widely adopted New York Convention for States to recognize and enforce both foreign arbitration agreements and awards, and in international instruments such as the 1985 UNCITRAL Model Law on International Commercial Arbitration, which authorize national courts to assist, rather than intervene, in the conduct of arbitrations within their borders. Moreover, international commercial arbitration has proven to be sufficiently flexible as a dispute resolution method to be used both in disputes between private parties, and between private and State entities.
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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.
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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
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Voronov, Kyrylo. "Peculiarities of competence and arbitration proceeding in the grain trade." 33, no. 33 (June 28, 2022): 70–76. http://dx.doi.org/10.26565/2075-1834-2022-33-07.
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Introduction. The article is devoted to the study of the functioning and peculiarities of proceedings in international commercial arbitration, specializing in trade in grain and oil crops. The article examines the features of arbitration proceedings that are characteristic of GAFTA arbitration. Summary of the main research results. The article is devoted to the study of the functioning and peculiarities of proceedings in international commercial arbitration, specializing in trade in grain and oil crops. The article examines the features of arbitration proceedings that are characteristic of GAFTA arbitration. The key differences of grain arbitration are established, namely: the specific qualification of GAFTA arbitrators in the field of trade in grain and oil crops, which distinguishes this arbitration institution from other permanent arbitration institutions; unique for arbitration proceedings is the presence of an appeal proceeding, which is also organized by the arbitration institution and gives the parties the opportunity to appeal the arbitration decision of the first instance; arbitrators reviewing first-instance decisions are not bound by the decision of the first-instance tribunal and have the opportunity to review the case with the addition of a new evidence base; availability of standard and simplified arbitration procedures, which effectively affects the time and financial resources of the parties to arbitration proceedings; the presence of a simplified procedure, which makes it impossible to appeal the arbitration decision, leaves only one arbitrator and significantly speeds up the arbitration of the case, standard for arbitration procedures, a high level of confidentiality of the proceedings, which can be especially important, taking into account the specifics of the grain trade market; features related to payment of arbitrators' work and payment of arbitration fees, depending on the parties' membership in GAFTA; the use of English law in arbitration, which in most cases is more applicable precisely for similar commercial disputes; arbitration proceedings in GAFTA in most cases take place without an oral hearing, only on the basis of written documents, which significantly speeds up the proceedings; parties can significantly reduce arbitration costs in GAFTA arbitration if they are members of the association, as in this case mandatory payments are significantly reduced; GAFTA arbitration effectively changed its working format during the coronavirus pandemic and moved to electronic document flow and electronic awards using electronic digital signatures and seals. Conclusions. The article establishes that specialized international commercial arbitrations on grain trade are an effective way of resolving commercial disputes complicated by a foreign element, taking into account the qualifications of arbitrators and the special arbitration procedure.
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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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Hoisín, Colm Ó. "Ireland as a Venue for International Arbitration." International Journal of Legal Information 29, no. 2 (2001): 244–55. http://dx.doi.org/10.1017/s0731126500009410.
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Arbitration is frequently the most effective way of resolving international commercial disputes. In a typical dispute the parties will be of different nationality and have different legal and cultural backgrounds. Neither side will be content to allow the dispute to be decided by the national courts of the opposing party. Arbitration offers the parties the opportunity to choose their own arbitrator, the location of the arbitration, the procedures and the law in accordance with which the dispute is to be resolved. It also offers them privacy and in many cases this is likely to be a very important consideration.