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Journal articles on the topic 'Vis International Commercial Arbitration Moot'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 August 2024

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1

William, Oliver. "Willem C. Vis International Commercial Arbitration Moot." ASA Bulletin 32, Issue 2 (June 1, 2014): 415–16. http://dx.doi.org/10.54648/asab2014046.

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2

Ben Salem, Elena, Franziska-Harriet Reese, and Paul Wohlleben. "Der Willem C. Vis International Commercial Arbitration Moot." Göttinger Rechtszeitschrift 3, no. 5 (December 17, 2020): 185–88. http://dx.doi.org/10.55053/2020-3-5-1207.

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Parallel zur stetig an Bedeutsamkeit gewinnenden Schiedsgerichtsbarkeit, sind auch Moot Courts mittlerweile zu einem festen Bestandteil der juristischen Ausbildung geworden. So auch der Willem C. Vis Moot, welcher thematisch im internationalen Handelsrecht angesiedelt ist und in diesem Jahr erstmalig – als Auswirkung der COVID-19-Pandemie auf einen weltweiten Wettbewerb – virtuell stattgefunden hat.

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3

Bergsten, E. E. "The Willem C. Vis International Commercial Arbitration Moot and the Teaching of International Commercial Arbitration." Arbitration International 22, no. 2 (June 1, 2006): 309–14. http://dx.doi.org/10.1093/arbitration/22.2.309.

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4

Martini, Pedro. "O XX Willem C. Vis International Commercial Arbitration Moot." Revista Brasileira de Arbitragem 10, Issue 37 (March 1, 2013): 183–85. http://dx.doi.org/10.54648/rba2013012.

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5

Bergsten, E. E. "Willem C. Vis International Commercial Arbitration Moot- Vienna, March 1999." Uniform Law Review - Revue de droit uniforme 4, no. 1 (January 1, 1999): 101–3. http://dx.doi.org/10.1093/ulr/4.1.101.

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6

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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7

Law, Thomas, Napoleão Casado Filho, Leandro Tripodi, and Ettore Botteselli. "I Encontro Nacional de Coaches do Willem C. Vis International Commercial Arbitration Moot." Revista Brasileira de Arbitragem 9, Issue 35 (September 1, 2012): 190–92. http://dx.doi.org/10.54648/rba2012052.

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8

Oh, Soo-Hyun, Jakob Sättler, and Nils Wighardt. "12th Annual Willem C. Vis International Commercial Arbitration Moot – Overview and Personal Reflection by Law Students of Johann Wolfgang Goethe University." German Law Journal 6, no. 7 (July 1, 2005): 1121–27. http://dx.doi.org/10.1017/s2071832200014176.

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The following essay has been written by team members of Johann Wolfgang Goethe University (Frankfurt/ Main, Germany) who participated in the 12th Vis Moot. Its purpose is to raise interest in the moot by means of combining a general descriptive overview with personal experiences.

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9

Loewe, Roland. "Presentation at the 1997 Willem C. Vis International Commercial Arbitration Moot on the CISG - The Sphere of Application of the United Nations Sales Convention." Pace International Law Review 10, no. 1 (June 1, 1998): 79. http://dx.doi.org/10.58948/2331-3536.1254.

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10

Hayward, Benjamin. "The Complete (but Unofficial) Guide to the Willem C Vis International Commercial Arbitration Moot - 2nd edition by Jorg Risse (ed) with Markus Altenkirch, Ragnar Harbst, Annette Keilmann and Lisa Reiser." Deakin Law Review 19, no. 2 (December 29, 2014): 373. http://dx.doi.org/10.21153/dlr2014vol19no2art437.

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11

Yiannibas, Katerina. "The adaptability of international arbitration: Reforming the arbitration mechanism to provide effective remedy for business-related human rights abuses." Netherlands Quarterly of Human Rights 36, no. 3 (July 6, 2018): 214–31. http://dx.doi.org/10.1177/0924051918786626.

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This paper analyses the potential for international arbitration to provide effective remedy for business-related human rights abuses. Since the proliferation of international arbitration, the default arbitration mechanism as it stands has been contemplated by and large for the resolution of cross-border commercial disputes where the primary interests are efficiency and finality. However, there is evidence that human rights issues have emerged in international arbitration. Accordingly, if arbitration is to be used in such cases, the mechanism must be adapted in light of the particular issues that arise in the adjudication of human rights; the balance between transparency and confidentiality, reprisals against victims and human rights defenders, collective redress, financial assistance, the applicability of human rights standards. If proper procedures are in place to contemplate the particular interests involved in cases where the substantive claims involve human rights, the advantage of international arbitration is that it can provide direct access in a neutral forum for holding companies accountable where national jurisdictions are unavailable or difficult to access. This article begins by analysing the historical development of international arbitration so as to demonstrate a pattern of adaptability and flexibility vis-à-vis the subject matter of cross-border disputes. The article will then contemplate the potential of and concerns for international arbitration, putting forward specific recommendations for reforms of the international arbitration mechanism in cases where the substantive claims involve business-related human rights abuses.

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12

MOREIRA, JOÃO ILHÃO. "Arbitration vis‐à‐vis other professions: a sociology of professions account of international commercial arbitrators." Journal of Law and Society 49, no. 1 (February 14, 2022): 48–70. http://dx.doi.org/10.1111/jols.12348.

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13

SCHILL, STEPHAN W. "Crafting the International Economic Order: The Public Function of Investment Treaty Arbitration and Its Significance for the Role of the Arbitrator." Leiden Journal of International Law 23, no. 2 (April 27, 2010): 401–30. http://dx.doi.org/10.1017/s0922156510000117.

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AbstractInvestment treaty arbitration, unlike commercial arbitration, is not a purely private dispute settlement mechanism that is entirely subject to party autonomy and limited in its effects to the parties to the proceedings. Rather, it fulfils a public function in influencing the behaviour of foreign investors, states, and civil society more generally by crafting and concretizing international standards of investment protection. Investment treaty arbitration thus implements and operates as part of a public system of investment protection. Arbitrators, as a result, incur obligations not only towards the parties to the proceedings, but vis-à-vis the whole system of investment protection. These obligations can be conceptualized as part of the public law implications of investment treaty arbitration and affect, inter alia, the role and status of arbitrators in investment treaty disputes, the procedural maxims that such arbitrations should follow, and the way arbitral awards should be crafted.

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14

Wendler, Carsten, and Andreas Kulick. "A Corrupt Way to Handle Corruption? Thoughts on the Recent ICSID Case Law on Corruption." Legal Issues of Economic Integration 37, Issue 1 (February 1, 2010): 61–85. http://dx.doi.org/10.54648/leie2010006.

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It is a well-established practice in international commercial arbitration that tribunals do not accept jurisdiction in disputes that involve corruption. While investment arbitration tribunals endorse such reasoning, the authors challenge the approach. Investment arbitration disputes differ from commercial arbitration disputes in that the Respondent, that is, the Host State, is vested with puissance publique and hence may pursue its interests unilaterally – in contrast to a private entity, it does not need a tribunal to get what it seeks. Moreover, the authors argue that declining jurisdiction is both detrimental from a policy perspective as well as subject to fl awed legal reasoning. Therefore, they seek to promote a balancing of the investors’ responsibilities vis-à-vis corruption with their rights on the merits stage. Only this approach promises both sound legal reasoning and a solution that pursues a policy jointly targeting corruption and conforming with the investment regime’s ultimate goal: to foster economic development by way of protecting investments. ‘There is no kind of dishonesty into which otherwise good people more easily and frequently fall, than that of defrauding the government.’ Benjamin Franklin

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15

Glandin, Sergey. "The law enabling sanctioned persons to move litigations to Russia: background and reasons." Meždunarodnoe pravosudie 11, no. 1 (2021): 131–52. http://dx.doi.org/10.21128/2226-2059-2021-1-131-152.

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On 8th June 2020 Vladimir Putin signed into law a new bill amending Russian Commercial Code (RCC) introducing provisions that enable sanctioned persons to sue in Russian commercial courts their foreign counterparts irrespective of jurisdiction clause within the contract signed or international treaty. The main sponsor has given his name to the new Law, which is already known as Lugovoy Law. The sense of the Parliament was that to provide Russian sanctioned persons and their affiliates (both domestic and foreign) with extra support vis-à-vis ongoing and forthcoming litigations abroad. As of now, the RCC is supplemented by sections 248.1 and 248.2 and the commercial courts shall have exclusive jurisdiction over disputes involving persons that are subject to restrictive measures. The Law neither list countries and jurisdictions that shall impose sanctions on the Russian plaintiffs, nor specify type of restrictive measures. For instance, the Russian company sanctioned solely by Ukraine may prevent LCIA arbitration or High Court proceedings in England at the suit of its British opponent. In doing so, the Russian sanctioned Plaintiff is required adducing evidence to show deprivation from right to an effective remedy and to a fair trial abroad. Pursuant to the Lugovoy Law, the Plaintiff could be either an individual or a legal entity including foreign ones and be subject of restrictive measures imposed by any foreign country, union of states or by a body of certain interstate community. The Plaintiff’s home commercial court shall have inherent jurisdiction to entertain cases arising out of the new Lugovoy Law. Meanwhile section 248.2 of RCC enables sanctioned persons to seek injunctive relief precluding foreign opponents either commencing or continuing court proceedings in foreign fora. It is a kind of ex parte anti-suit injunction previously unknown to the Russian legal order. The sanctioned person may invoke 248.2 relief once mailed by opponent’s pre-trial letter. In support of the anti-suit injunction the Lugovoy Law allows sanctioned persons asking the court to order for security for costs. However, the amount sought shall not exceed the sum at stake in the main proceedings. Both orders made under the Lugovoy Law may be challenged on appeal at the Circuit Commercial court within one month. At the outcome, the protectionist logic of the legislature made foreign non-residents extraterritorially amenable to the jurisdiction of Russian commercial courts irrespective their personal law. This might provoke competition between jurisdictions and the emergence of two judicial acts on a dispute between the same persons on the same subject and grounds. If the major actors of the Russian economy decide to recourse to the provisions of the new law in disputes that have nothing to do with sanctions that may entail international tensions. The real purpose of the Lugovoy law is to create an extra tool to protect sanctioned persons and their interests. The opponents of those persons designated under some sanctions program shall not be able to recognise and enforce on the territory of Russia a judgment or arbitral award that in some extent appears to disadvantage Russian sanctioned persons. The author was followed by the objective to discover background and reasons behind the Lugovoy Law, as well as to attempt establishing its beneficiaries. Examining court proceedings versus Russian sanctioned persons abroad that have been commenced or disposed of within a month prior Andrei Lugovoy introduced his bill, it were found situations the Lugovoy Law would like to prevent and persons it tries to protect beforehand. In addition to this, the research focused on cases in Russian commercial courts wherein the Plaintiffs were trying to persuade the Commercial courts to apply the principles of Lugovoy bill before it has become law.

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16

Natarajan Ramani, Gaurav. "One size doesn’t fit all: the General Data Protection Regulation vis-à-vis international commercial arbitration." Arbitration International, September 18, 2020. http://dx.doi.org/10.1093/arbint/aiaa032.

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Abstract This article outlines potential issues posed by the European General Data Protection Regulation (GDPR) to international commercial arbitration proceedings and international arbitral institutions. The GDPR seeks to protect a natural person’s fundamental right against unlawful data processing. It applies widely and covers the processing of personal data in almost all types of services, irrespective of the nature of such service. The circumstances under which the GDPR allows for processing of personal data is limited to six categories. This article delves into the question of whether processing of personal data in an international commercial arbitration would be covered under this exhaustive list of lawful purposes. The analysis highlights how the application of the GDPR would present hurdles to commercial arbitration proceedings and global arbitral institutions, and argues that data protection laws must not be applied in a blanket manner without regard to the unique purposes of processing. The author also proposes necessary amendments to make room for the processing of personal data in private dispute resolution services such as arbitrations, and emphasizes on the need for special exemptions to allow administrative functions of arbitral institutions such as the ICC-Court of Arbitration as well. These exemptions are key to the functioning of private dispute resolution within Europe, and the expansion of arbitration as a form of private dispute resolution on a global scale.

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17

Xiaohui, BAN, and XIAO Yongping. "Training International Commercial Lawyers through Participation in the Willem C. Vis Moot." American International Journal of Social Science 7, no. 4 (2018). http://dx.doi.org/10.30845/aijss.v7n4p8.

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