Journal articles: 'International commercial arbitration law'

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Kecskés, László. "In Memory of Professor Dr Iván Szász." Journal of International Arbitration 29, Issue 3 (June 1, 2012): 355–58. http://dx.doi.org/10.54648/joia2012022.

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

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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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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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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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Dutu, Adelina-Oana. "Law Governing International Commercial Arbitration." European Journal of Law and Public Administration 8, no. 1 (June 30, 2021): 01–10. http://dx.doi.org/10.18662/eljpa/8.1/143.

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The scope of this article is to identify the law governing the international commercial arbitration by reporting the international and internal regulations. We shall consider the situation of contracting parties selecting the law governing their contract and when the parties have not selected the governing law and decided for arbitration as manner of solving their disputes.

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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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Malacka, Michal. "Evidence in International Commercial Arbitration." International and Comparative Law Review 13, no. 1 (June 1, 2013): 97–104. http://dx.doi.org/10.1515/iclr-2016-0061.

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Abstract International commercial arbitration and national commercial arbitration are issues of international private law combined with global and local aspects. The rules of the procedure in international commercial arbitration vary around the world and are combined with the very strong influence of national law and are determinate by the place where the arbitration procedure is being preceded by the arbitrators. Obtaining evidence in commercial arbitration is also dependent on the above-mentioned aspects. The arbitrators have to know, as much as possible, all about the common law system, the civil law system’s influence and the powers and initiation possibilities they have during the arbitration procedure. The knowledge of the system and existing procedure rules allow them to produce the most important part of the arbitration, such as a perfect award.

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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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SANDERS, PIETER. "International Commercial Arbitration." American Business Law Journal 1, no. 1 (August 22, 2007): 64–66. http://dx.doi.org/10.1111/j.1744-1714.1963.tb01181.x.

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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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Seppälä, Christopher R. "Why Finland Should Adopt the UNCITRAL Model Law on International Commercial Arbitration." Journal of International Arbitration 34, Issue 4 (August 1, 2017): 585–99. http://dx.doi.org/10.54648/joia2017028.

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This article describes why a small country like Finland, which has excellent natural attributes as a place for arbitration (political neutrality and stability, respect for the rule of law, freedom from corruption and a central location between East and West), but which is little resorted to for this purpose, being overshadowed by its neighbour, Sweden, should adopt the United Nations Commission on International Trade Law (‘UNCITRAL’) Model Law on International Commercial Arbitration (the ‘Model Law’). The indispensable condition for any country to develop as a place for arbitration is for it to have a modern and internationally acceptable arbitration law. However, Finland’s arbitration law is relatively old (dating from 1992) and based on an antiquated Swedish model. What is more serious is that Finland’s legal infrastructure for arbitration, that is, its arbitration law and court system, is not perceived by international arbitration users and arbitral institutions as being internationally acceptable. By contrast, the Model Law is recognized today as the ‘baseline for any state wishing to modernize its law of arbitration’ Accordingly, if Finland wants to become an attractive place for international arbitration, as it should do, the obvious solution is for it to adopt the Model Law. This will make Finland instantly recognizable around the world as having a modern and internationally acceptable arbitration law.

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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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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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Petrović, Milena. "International commercial arbitration and private international law." Revija Kopaonicke skole prirodnog prava 1, no. 1 (2019): 167–95. http://dx.doi.org/10.5937/rkspp1901167p.

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Bizikova, Lucia. "On Route to Climate Justice: The Greta Effect on International Commercial Arbitration." Journal of International Arbitration 39, Issue 1 (February 1, 2022): 79–116. http://dx.doi.org/10.54648/joia2022004.

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Climate change is the greatest global challenge that humankind has ever faced. It has changed the way in which communities, governments and businesses interact with each other, how they contract one with another and what legal disputes they face. National and international legal frameworks currently in place rarely provide the necessary mechanisms to resolve new kinds of disputes that have emerged and as a result, important gaps remain. International commercial arbitration is uniquely placed to respond to the transboundary nature of climate change. Its inherent flexibility, innovativeness, ability to deal with complex, cross-border issues and the possibility to choose a neutral adjudicator according to his/her expertise give commercial arbitration an important advantage over court litigation. However, some of its characteristics that are seen as welcome and desired in different contexts create important challenges for achieving climate justice. Therefore, innovation in this area will be necessary if commercial arbitration is to become an attractive option for resolving climate change-related disputes between businesses. The arbitration community should try to find constructive ways in which commercial arbitration can innovate itself so that it can complement other methods of dispute resolution traditionally used for climate change disputes. climate change, climate justice, ESG, international commercial arbitration, private finance, Paris Agreement, arbitration clause, expertise, transparency, Campaign for Greener Arbitrations, Chancery Lane Project, COP 26

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Astakhova, Daria O. "THE ROLE OF THE DELOCALISATION THEORY IN THE DEVELOPMENT OF THE FRENCH LEGISLATION ON INTERNATIONAL COMMERCIAL ARBITRATION." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 40 (2021): 125–32. http://dx.doi.org/10.17223/22253513/40/11.

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The notion of delocalisation of international commercial arbitration has recently drawn increasing attention from Russian and foreign scholars. The main problematic of scientific discussions relates to the question of how closely international commercial arbitration is related to the legal order of the seat of arbitration. The emergence and development of the theory of delocalisation of international commer-cial arbitration is inextricably linked to the French legal science. French scientists stand at the origins of this theory. Besides, French law and jurisprudence have been significantly influenced by the theory of delocalisation of international commercial arbitration. The following provi-sions of the French legislation provide the most significant examples. First, article 1511 of the French code of civil procedure constitutes a basis for the use by arbitrators of the method of direct choice of law (“voie directe”). This implies that arbitrators do not have to apply any conflict of laws rules. Therefore, French law provides for a broad autonomy of arbitrators in the choice of law, while at the same time reducing the link between arbitration and national law, including the French law. French law is thus in perfect harmony with the concept of delocalisation of international commercial arbitration. Second, it is worth mentioning that the French code of civil procedure contains a limited number of grounds for refusal of recognition and enforcement of foreign arbitral awards. This particularity permits to ensure the highest efficiency of international commercial arbitration, to maintain an arbitration friendly approach at the stage of recognition and enforcement of foreign arbitral awards, as well as to recognise and enforce arbitral awards that have been set aside at the seat of arbitration. This corresponds to the idea of delocalisation of international commercial arbitration. Third, the influence of the delocalisation theory on the French legislation is also reflected in the scope of international competence of the French supporting judge, who can act in cases where one of the parties incurs the risk of denial of justice. This means that the French sup-porting judge is entitled, for example, to nominate an arbitrator if one of the parties fails to do so, even if the dispute does not have any objective links to France. The features of the French legislation on international commercial arbitration examined above prove that it is impacted by the theory of delocalisation of international commercial arbitration. The recognition in legal science, law and court practice of the autonomy of inter-national commercial arbitration from national legal orders contributes to the growth of attrac-tiveness of Paris as a place of cross-border dispute resolution.

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de Ly, Filip, Marcel Storme, and Bernadette Demeulenaere. "International Commercial Arbitration in Belgium." American Journal of Comparative Law 38, no. 2 (1990): 387. http://dx.doi.org/10.2307/840105.

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Al-Baharna, Husain M. "International Commercial Arbitration in Perspective." Arab Law Quarterly 3, no. 1 (1988): 3–18. http://dx.doi.org/10.1163/157302588x00100.

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Lee, Eric. "Encyclopedia of International Commercial Arbitration." Arab Law Quarterly 1, no. 5 (November 1986): 587. http://dx.doi.org/10.2307/3381407.

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Sharma, Raghav. "Bhatia International v. Bulk Trading S.A.: Ambushing International Commercial Arbitration Outside India?" Journal of International Arbitration 26, Issue 3 (June 1, 2009): 357–72. http://dx.doi.org/10.54648/joia2009020.

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In Bhatia International v. Bulk Trading S.A., the Indian Supreme Court ruled that the Arbitration and Conciliation Act, 1996 (“the Act”), applies to international commercial arbitrations held outside India. In its aftermath, this ruling has been misconstrued and misapplied by the Indian courts to fundamentally alter the nature of the Act and widen their jurisdiction over such international commercial arbitrations. This article critically examines the ruling, identifies the law laid down, explains the limits of its application, and offers positive suggestions for unwary foreign parties to avoid its trap.

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Teh, Stephanie, and João Ribeiro. "The Time for a New Arbitration Law in China: Comparing the Arbitration Law in China with the UNCITRAL Model Law." Journal of International Arbitration 34, Issue 3 (July 1, 2017): 459–87. http://dx.doi.org/10.54648/joia2017023.

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As China consolidates its position as one of the most important trade players in the international market, arbitration has become an attractive alternative to litigation in commercial disputes between Chinese companies and their foreign trade partners. The UNCITRAL Model Law on International Commercial Arbitration 1985, with amendments as adopted in 2006, represents the accepted international legislative standard for a modern arbitration law. In order to make China an attractive seat for international commercial arbitration and enhance the efficiency of the arbitration system for the benefit of commercial parties, whether Chinese or foreign, it is important for China to consider adopting the UNCITRAL Model Law. This article provides an overview of the UNCITRAL Model Law and its positive impact on the development of arbitration in several jurisdictions worldwide. Next, the benefits of legal reform are highlighted through a contrast between China’s current Arbitration Law and the UNCITRAL Model Law. Finally, this article lays out a procedural roadmap through which China’s legal framework may be amended to incorporate the UNCITRAL Model Law.

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De Ly, F., M. Friedman, and L. R. Di Brozolo. "International Law Association International Commercial Arbitration Committee's Report and Recommendations on 'Confidentiality in International Commercial Arbitration'." Arbitration International 28, no. 3 (September 1, 2012): 355–96. http://dx.doi.org/10.1093/arbitration/28.3.355.

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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.

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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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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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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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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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Jana L., Andrés. "International Commercial Arbitration in Latin America: Myths and Realities." Journal of International Arbitration 32, Issue 4 (August 1, 2015): 413–46. http://dx.doi.org/10.54648/joia2015019.

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This article addresses the past and present of international commercial arbitration in Latin America. Differentiating between international commercial arbitration and investment arbitration and reviewing the evolution of international arbitration in the region, it shows that most Latin American countries have embraced today a modern normative architecture of international commercial arbitration. A number of countries seem to be successful forerunners on that path. The legal framework has been adjusted and judicial decisions make an effort to overcome formalistic and idiosyncratic domestic trends. The author argues that Latin America’s negative attitude towards international commercial arbitration has been rather a myth that has no room in the today’s reality.

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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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Bilousov, Yurii, and Volodymyr Nahnybida. "Applicable Procedural Law in International Commercial Arbitration." Studia Iuridica Lublinensia 31, no. 2 (June 22, 2022): 51–69. http://dx.doi.org/10.17951/sil.2022.31.2.51-69.

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Sanders, P. "UNCITRAL's Model Law on International Commercial Conciliation." Arbitration International 23, no. 1 (March 1, 2007): 105–42. http://dx.doi.org/10.1093/arbitration/23.1.105.

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Sasson, Monique. "Public Policy in International Commercial Arbitration." Journal of International Arbitration 39, Issue 3 (June 1, 2022): 411–32. http://dx.doi.org/10.54648/joia2022019.

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This article analyses the decisions on public policy contained in the Kluwer Arbitration database. The database includes more than 1,000 cases. Objections based on public policy have been raised in 44% of recognition and enforcement proceedings and in 38% of setting aside proceedings. The success rate of these objections was low, 19% and 21%, respectively. This article discusses the decisions in which these objections were successful, distinguishing between the three International Law Association categories: (i)‘violation of fundamental principles, procedural public policy, or substantive public policy’; (ii) ‘loi de police’; and (iii) ‘violation of international obligations’ (though there were no successful objections in this category). The article concludes that the Kluwer Research confirms that public policy should only be applied in a limited set of circumstances, though it also features a few exceptions to the narrow construction of the concept of public policy. public policy, procedural public policy, substantive public policy, recognition and enforcement, vacatur, setting aside, violation international obligations, due process, loi de police

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Donahey, M. Scott. "Punitive Damages in International Commercial Arbitration." Journal of International Arbitration 10, Issue 3 (September 1, 1993): 67–77. http://dx.doi.org/10.54648/joia1993021.

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Slipachuk, Tatyana. "International Commercial Arbitration in the Ukraine." Journal of International Arbitration 20, Issue 5 (October 1, 2003): 515–21. http://dx.doi.org/10.54648/joia2003040.

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Radhi, Hassan Ali. "International Arbitration and Enforcement of Arbitration Awards in Bahrain." BCDR International Arbitration Review 1, Issue 1 (September 1, 2014): 29–47. http://dx.doi.org/10.54648/bcdr2014003.

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Since the formation in the mid-nineteenth century of Al-Majlis Al-Urfi as an international dispute resolution institution consisting of Bahraini and non-Bahraini members, Bahraini law makers have shown great concern for securing protection for foreign investors and commercial entities by developing laws and institutions governing dispute resolution in the fields of international trade and investment. Given the recent rapid economic development of the markets in the Middle East region, further development of laws on trade and investment has become imperative. Currently arbitration in Bahrain is governed by the Civil and Commercial Procedures Law and the International Commercial Arbitration Law, the latter of which is based upon the UNCITRAL Model Law. A new unified comprehensive law based on the UNCITRAL Model Law as amended in 2006 is expected to be promulgated soon. Furthermore, since Bahrain acceded to the New York Convention in 1988, Bahraini courts have enforced foreign arbitral awards. Bahrain is also party to other regional conventions in this respect. Despite these positive developments in Bahraini laws, there still exist some legislative and practical hindrances to arbitration and the enforcement of arbitral awards. This study introduces and analyzes the relevant laws governing arbitration in Bahrain, deals critically with the obstacles facing arbitration and suggests appropriate remedies to these hindrances.

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Honcharenko, Olena M., Olga O. Bakalinska, Olena A. Belianevych, Svitlana I. Bevz, and Olena A. Chernenko. "International Commercial Arbitration as a Modern Self-Regulation Tool in Hybrid War." AUC IURIDICA 68, no. 3 (September 14, 2022): 123–38. http://dx.doi.org/10.14712/23366478.2022.40.

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One of the tools of self-regulation, which helps to settle a dispute between commercial counterparties from different states is international commercial arbitration. International commercial arbitration is an alternative to the dispute resolution process in state courts, that is – it is an alternative to the mechanisms of the state process. The problem of considering international commercial arbitration through the prism of self-regulation has not been studied from all perspectives and diversity. This issue is especially relevant when businesses seek protection of their violated rights to international commercial arbitration in a hybrid war. It is important to examine: how a self-regulatory instrument is able to implement protection when war is waged. The question arises whether private jurisdiction can provide adequate protection to commercial entities. What is the role of international commercial arbitration? How the public authorities will implement the decisions made by the arbitration against the aggressor state (the state violating investment obligations). Settlement of disputes in a hybrid war can be called “hybrid investment disputes” or “hybrid commercial disputes” depending on the object of the dispute.

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Crook, John R. "Applicable Law in International Arbitration: The Iran-U.S. Claims Tribunal Experience." American Journal of International Law 83, no. 2 (April 1989): 278–311. http://dx.doi.org/10.2307/2202739.

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International commercial arbitration is being enthusiastically promoted throughout the international legal community. Congresses and conferences abound; over three hundred delegates attended the 1988 Tokyo conference of the International Council for Commercial Arbitration. New arbitration journals proliferate. New international arbitration centers compete for business, particularly around the Pacific Rim in such locations as Hong Kong (opened in 1985), Los Angeles (1985), Melbourne (1985) and Vancouver (1986).

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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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Hashemi, Soheila, and Nader Mardani. "Comparative Study of International Commercial Arbitration and International Law in Iran." Journal of Politics and Law 9, no. 7 (August 30, 2016): 242. http://dx.doi.org/10.5539/jpl.v9n7p242.

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Arbitration is one of the most important solutions to end enmity and replace judicial inquest. As international trading is extended, referring to judgment to solve the conflicts caused by commercial contracts has been rapidly rising which is a result of judgment benefits over justice authorities. Fastness and efficiency, law inquest cost, compromise nature of selecting the referees, and professional selection are among the most evident specifications of arbitration. Furthermore, Iran’s involvement in the most significant judgment case of the last century i.e. the lawsuits filed between the Islamic Republic of Iran the United States of America after the victory of the revolution would double the essentiality of knowing this organization. Judgment may be either individual or organic (permanent) and also the number of referees needs to be one or three. The most important issue in the judge’s inquest is to follow two factors including independence and impartiality from the beginning until the end of the inquest process. Violating these characteristics or the lack of one of both or other descriptions predicted in the arbitration contract would result in its violation by one side of the conflict or both of them. In the present paper, a comparison is conducted between the commonalty and distinction of Iran’s international commercial arbitration in 1376 and international law.

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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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Narmah-Alqasim, Sairah. "Practitioner’s handbook on international commercial arbitration." Law Teacher 54, no. 1 (August 29, 2019): 158–66. http://dx.doi.org/10.1080/03069400.2019.1647645.

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K.S, Harisankar. "International Commercial Arbitration in Asia and the Choice of Law Determination." Journal of International Arbitration 30, Issue 6 (December 1, 2013): 621–36. http://dx.doi.org/10.54648/joia2013040.

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The article essentially deals with the choice of law process associated with three principal aspects of applicable laws in international commercial arbitration, namely, the law governing arbitration agreements, the law governing arbitral procedure and the law governing the substantive merits of the dispute. This research is of significance as these different aspects of arbitration (the agreement, the procedure and merits of the dispute) are commonly subjected to different laws. As a precursor, the introductory part of this article discusses the evolution and present position of international commercial arbitration in the region. The following chapter sets out the basic interaction between private international law and international commercial arbitration, as well as an overview of the choice of law process, which by and large is treated as the essential stage of a conflict of laws methodology. This section of the article gives a brief sketch of the conflict of laws system in ascertaining the applicable laws relating to the three elements of an international arbitration process, placing a focus on different approaches adopted by some of the more important arbitral-legal systems in Asia. As a disclaimer, the other two important questions of private international law, jurisdiction and enforcement of foreign awards, are not part of this discussion.

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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.

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Bergsten, Eric E. "Teaching about International Commercial Law and Arbitration: the Eighth Annual Willem C. Vis International Commercial Arbitration Moot." Journal of International Arbitration 18, Issue 4 (August 1, 2001): 481–86. http://dx.doi.org/10.54648/358390.

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Svetlicinii, Alexandr. "New Rules for Commercial Arbitration in the Republic of Moldova: A Step Forward?" European Business Law Review 20, Issue 5 (October 1, 2009): 767–77. http://dx.doi.org/10.54648/eulr2009034.

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The article provides critical assessment of the recent legislative reform of commercial arbitration rules undertaken in the Republic of Moldova. The key feature of the new commercial arbitration system is the dualism in regulation of international and domestic arbitration. While the international arbitration framework adopted the UNCITRAL Model Law without any substantive modifications, legal rules governing domestic arbitration became more restricted and state-centered. Taken the lack of previous experience with arbitration and deficiencies of the judiciary and public enforcement system the dualist regulation of commercial arbitration will continue to slow down its potential development.

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Braghetta, Adriana. "Diversity and Regionalism in International Commercial Arbitration." Victoria University of Wellington Law Review 46, no. 4 (December 1, 2015): 1245. http://dx.doi.org/10.26686/vuwlr.v46i4.4890.

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New Zealand Law Foundation International Dispute Resolution Lecture 2015, delivered at Stone Lecture Theatre, Auckland Law School, 19 October 2015. The lecture focuses on diversity and regionalism in international commercial practice, looking specifically at the representation of new players.

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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.

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Chernykh, Yuliya S. "International Commercial Arbitration in Ukraine: Details Do Matter." Journal of International Arbitration 26, Issue 2 (April 1, 2009): 301–6. http://dx.doi.org/10.54648/joia2009016.

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Being a UNCITRAL Model Law country and a signatory to the New York Convention, Ukraine has a regime generally favourable to international commercial arbitration. However, some peculiarities outside of the original scope of the UNCITRAL Model Law and the New York Convention do exist in Ukraine, which may surprise foreign practitioners. The present article briefly discusses those special features of international commercial arbitration in Ukraine relating to arbitrability, evidentiary practice, recognition and enforcement of awards.

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Avsiievych, Alla. "Historical stages of development of the arbitration agreement and arbitration." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, no. 5 (December 30, 2020): 125–33. http://dx.doi.org/10.31733/2078-3566-2020-5-125-133.

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International commercial arbitration is one of the most important institutions of modern law, an important form of resolving disputes arising in foreign economic activity. The history of international commercial arbitration has significantly affected its current state and therefore needs detailed consideration. To study this topic, it is necessary to clearly distinguish between the types of arbitration that existed at one time or another. The article is devoted to the stages of development of international commercial arbitration and its application to resolve international commercial disputes. The article examines the provisions of legal acts that for the first time define the concept and legal status of international commercial arbitration.

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Croft, Clyde. "Recent Developments in Arbitration in Australia." Journal of International Arbitration 28, Issue 6 (December 1, 2011): 599–616. http://dx.doi.org/10.54648/joia2011046.

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Australia has recently modernized its international and domestic commercial arbitration law to reflect (with some amendments) the 2006 version of the UNCITRAL Model Law on International Commercial Arbitration. As well as legislative reform, Australia has taken practical steps such as providing new dispute resolution facilities and specialist court arbitration lists to enhance Australia as an arbitral seat. Recent judgments by Australian courts have been supportive of international arbitration and have indicated a willingness to apply the international jurisprudence relating to the Model Law and the New York Convention. These improvements have increased Australia's attractiveness as an arbitral seat.

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Journal articles on the topic 'International commercial arbitration law'

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