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Artículos de revistas sobre el tema "Commercial Arbitration"

Autor: Grafiati

Publicado: 4 de junio de 2021

Última modificación: 25 de julio de 2025

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1

Kecskés, László. "In Memory of Professor Dr Iván Szász." Journal of International Arbitration 29, Issue 3 (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 onl

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Chung, Yongkyun, and Hong-Youl Ha. "Arbitrator acceptability in international commercial arbitration." International Journal of Conflict Management 27, no. 3 (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 a

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3

Thuan, Huynh Quang. "Emergency Arbitrator – An Efficient Mechanism for Commercial Arbitration Development?" Vietnamese Journal of Legal Sciences 5, no. 2 (2021): 54–70. http://dx.doi.org/10.2478/vjls-2021-0014.

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Abstract The emergency arbitrator mechanism, despite its recent establishment, has made certain contributions to the development of international commerical arbitration. However, this mechanism has not been recognized and recorded in the national arbitration laws as well as the rules of procedure of arbitration institutions in Vietnam. In this article, the author aims to describe the operating mechanism and to discuss the benefits and limitations of the emergency arbitrator mechanism. Accordingly, the author will draw some conclusions regarding the recognition of this mechanism into Vietnam ar

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Tubishat, Bassam Mustafa, and Khaldon Fawzi Qandah. "The Role of Emergency Arbitrator in Commercial Arbitration (Comparative Study)." Journal of Politics and Law 11, no. 4 (2018): 94. http://dx.doi.org/10.5539/jpl.v11n4p94.

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This study dealt with the arbitrator of emergency in commercial arbitration and this development is the most innovative in the rules of commercial arbitration of the International Chamber of Commerce in Paris in 1912, where a new trend was adopted with regard to interim and urgent measures before the final form of the arbitral tribunal. The International Chamber of Commerce has already adopted the rules of this system before the Arbitration Institute of the Stockholm Chamber of Commerce.  The emergence of new systems in commercial arbitration needs to be examined in order to unders

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5

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

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6

Jhanwar, Soumil. "Multi-Contract Arbitrations and Single Commercial Transactions: A Fresh Method of Analysis." Asian International Arbitration Journal 19, Issue 1 (2023): 9–62. http://dx.doi.org/10.54648/aiaj2023002.

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It is well known that the commercial transactions in today’s world are excessively complex, involving multiple stakeholders and multiple contracts, all of which work towards a singular unified aim. This article discusses how the complexity of commercial transactions has led to the proliferation of the permissibility of multi-contract arbitrations in jurisdictions across the globe. However, analysis of the cases across jurisdictions reveals that there is neither a uniform nor a logical method used by courts/tribunals across the world for assessment of the permissibility of multi-contract arbitr

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7

Al-Ganami, Naif Nashi. "The Role of the Arbitration System in Resolving Foreign Investment Disputes by Applying to the Kingdom of Saudi Arabia." Arts 12, no. 4 (2024): 894–921. http://dx.doi.org/10.35696/arts.v12i4.2239.

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International commercial arbitration is considered a means of settling existing international commercial disputes and an important means of avoiding the emergence of any disputes in the long term. The arbitration method for settling the dispute has its own characteristics: The dispute is settled by a final ruling and is characterized by a contractual nature between the arbitrator and the party he chose, either directly or indirectly through one of the bodies. The permanent arbitrator who is chosen based on that agreement is not subject to the party that chose him, but he is independent and neu

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8

Hrnčiříková, Miluše. "The Meaning of Soft Law in International Commercial Arbitration." International and Comparative Law Review 16, no. 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 prescribin

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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 GAF

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10

Saleh, Mustafa Natiq, and Rabab Raad Tawfiq. "The scope of the parties' will in resolving commercial disputes through expedited arbitration." Journal of Legal and Political Studies 13, Special Issue 2025 (2025): 141–56. https://doi.org/10.17656/jlps.10282.

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The commercial arbitration system represents one of the most important means of resolving commercial disputes, and the will of the disputing parties is fundamentally prominent in it, as this will regulates many matters in the field of traditional commercial arbitration. With the presence of various and new developments in this system, we find the emergence of the expedited (rapid) commercial arbitration system, as the will of the parties enjoys a lot of freedom and a wide scope in this new type of arbitration compared to traditional arbitration, in which the will may be absent at times. Howeve

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11

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 (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 pre

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12

Reilly, Louise. "Harmonisation of Irish Arbitration Law: Arbitration Act 2010." Journal of International Arbitration 28, Issue 2 (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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13

Osmanoglu, Burcu. "Third-Party Funding in International Commercial Arbitration and Arbitrator Conflict of Interest." Journal of International Arbitration 32, Issue 3 (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 proce

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14

Colombo, Giorgio Fabio. "The role of culture in international commercial arbitration." Pravovedenie 68, no. 1 (2024): 37–57. http://dx.doi.org/10.21638/spbu25.2024.103.

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International commercial arbitration is the primary mean for settling international disputes of a business nature. Because of its very structure, this procedure happens across borders and, needlessly to say, cultures. As a consequence highly technical nature of international commercial arbitration, the debate about “culture” in this field has adopted a fairly narrow approach, and is generally limited to issues relating to clashes of different procedural styles and models (e. g. the discovery of evidence, which is very different in Common Law and Civil Law jurisdictions), studies about the arbi

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15

Mooij, Hans. "Arbitration institutes forum: Arbitration Institutes: An Issue Overlooked." Intertax 47, Issue 8/9 (2019): 737–44. http://dx.doi.org/10.54648/taxi2019072.

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Tax treaty arbitrations to date have only been rare. With the MLI and the Dispute Resolution Directive, however, numbers of arbitrations may reasonably be expected to go up. Authorities will have to face the question, whether they want to administer arbitrations themselves, or prefer to instead call on facilitation by professional arbitration institutes as is customary practice in such important areas as commercial or investment arbitration. Proper and effective administration will be a significant factor to the eventual success of tax treaty arbitration. Absent any guidance in either the MLI

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16

Viet, Long Tran, and Hai Phan Thanh. "Determinants of Commercial Arbitration Selection to Resolve Disputes: Insights from Vietnamese Managers." Journal of International Arbitration 41, Issue 3 (2024): 371–96. http://dx.doi.org/10.54648/joia2024017.

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In commercial and investment transactions, disputes represent an inevitable, though undesirable, occurrence arising when one of the contracting parties fails to meet agreed-upon rights and obligations. This study aims to identify the determinants influencing the selection of commercial arbitration and examines whether a managerial level position affects this decision. Data were collected through interviews with 480 managers across five managerial levels in businesses with arbitration agreements in Vietnam’s leading arbitration centres. The results of a partial least squares–structural equation

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17

Kaneko, Hiroshi, and Shota Inoue. "Obstacles for Japanese Investors in International Arbitration (kokusai chūsai) to Resolve Commercial Disputes." Studia Iuridica Lublinensia 33, no. 3 (2024): 75–97. https://doi.org/10.17951/sil.2024.33.3.75-97.

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Japanese investors’ presence in the international arbitration scene is minor compared to its economic scale. The Japanese arbitration law conforms with the UNCITRAL model law, and Japan is a member of the New York Convention. In contrast, the Japanese legal terminology corresponding to arbitration (chūsai), incorporated into modern Japanese in the 19th century, is confusing. Chinese law restrains domestic entities, including those with foreign capital, from going to foreign arbitral tribunes, which may undermine Japanese investors in China to settle disputes in arbitration. Direct/cross-examin

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18

Viraj, Fulena, and Chittoo Hemant. "International Commercial Litigation and Arbitration Research Essay." International Journal of Social Science And Human Research 06, no. 02 (2023): 1311–16. https://doi.org/10.5281/zenodo.7684363.

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Arbitration is an alternative dispute resolution method (ADR) and has now become one of the preferred mechanisms chosen by parties to settle disputes of a commercial nature. There is no proper definition of arbitration and unlike court proceedings; it is a voluntary agreement agreed to by the disputing parties and the decision also known as the arbitral award is binding upon them. Arbitration is quasi-judicial in nature and an arbitrator often referred to as a private judge is a person who adjudicates on disputes submitted to him or her by the parties.1According to Sir John Donaldson, ‘a

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19

Carreteiro, Mateus Aimoré. "Appellate Arbitral Rules in International Commercial Arbitration." Journal of International Arbitration 33, Issue 2 (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,

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Baier, Jonatan, and Bernhard F. Meyer. "Arbitrator Consultants Another Way to Deal with Technical or Commercial Challenges of Arbitrations." ASA Bulletin 33, Issue 1 (2015): 37–57. http://dx.doi.org/10.54648/asab2015004.

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International commercial arbitrations are often complex and of a technical nature. Ensuring that arbitral tribunals have, or acquire, the necessary technical or commercial know-how is a challenge - for the parties as well as for the arbitrators. The standard solutions (party- and/or court-appointed experts) are time-consuming, costly and often carry the risk of delegating decision-making powers to the experts. Another way to ensure a technically or commercially sound and enforceable award is through the use of a consultant to the arbitral tribunal ("Arbitrator Consultant"). This tool was recen

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21

Anisova, O. I. "The genesis of the concept of international commercial arbitration." Uzhhorod National University Herald. Series: Law 4, no. 88 (2025): 9–15. https://doi.org/10.24144/2307-3322.2025.88.4.1.

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This article is dedicated to the study and disclosure of the legal essence of international commercial arbitration as a legal phenomenon representing an alternative method of resolving international commercial disputes. It highlights the growing popularity of arbitration among participants in foreign economic relations and the expanding jurisdictional scope of arbitration. Various approaches to defining the essence of this legal phenomenon have been explored, and three main aspects of it have been identified: (1) as a permanent or ad hoc arbitral body tasked with resolving international commer

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22

Garnett, Richard. "NATIONAL COURT INTERVENTION IN ARBITRATION AS AN INVESTMENT TREATY CLAIM." International and Comparative Law Quarterly 60, no. 2 (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 t

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Zheng, Fangyan. "The Application of Artificial Intelligence in International Commercial Arbitration: Technological Advancements and Legal Challenges." International Journal of Law, Ethics and Social Sciences 2, no. 1 (2025): 1–7. https://doi.org/10.70088/cb1ewj60.

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The rapid development of artificial intelligence (AI) technology is profoundly impacting the field of international commercial arbitration, bringing unprecedented technological advancements to arbitration procedures while also raising a series of legal challenges. This paper explores the main application scenarios of AI in international commercial arbitration, including the automation of arbitration procedures, legal research and analysis, arbitrator assistance tools, and online dispute resolution platforms. By analyzing the positive effects of AI in improving arbitration efficiency, reducing

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24

LAZĂR, Diana. "Particularities related to the recognition and enforcement of the awards of the international commercial arbitration in Republic of Moldova." Revista Naţională de Drept 10-12(216-218) (December 15, 2018): 43–54. https://doi.org/10.5281/zenodo.3357898.

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The international commercial arbitration effectiveness is showcased by the effects that the arbtral awards will have at the stage of their enforcement. The New York Convention of 1958 is setting an international standard of for the recognition and enforcement of the foreign arbitral awards. However, the uncoherent application of the Convention is precluding this international uniformization. In addition, the enforcement of awards issued by an international commercial arbitration at the seat of the arbitration has some particularities, following the qualification of those as foreign arbitral aw

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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 (2023): 85–92. http://dx.doi.org/10.31276/vmostjossh.65(2).85-92.

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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'

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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 (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 A

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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 (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 differe

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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 (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, abi

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Amalia, Prita, and Muhammad Faiz Mufidi. "THIRD-PARTY IN INTERNATIONAL COMMERCIAL ARBITRATION: INDONESIA PERSPECTIVE." Mimbar Hukum 35 (December 28, 2023): 1–16. http://dx.doi.org/10.22146/mh.v35i0.11381.

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Abstract An arbitration Agreement between the parties is an important source of law in the arbitration proceeding, especially in International Commercial Arbitration. Arbitration Agreements, which could be made before and after the dispute, provide jurisdiction to the arbitral tribunal to settle the dispute. Traditionally, the arbitration agreement provides that only the parties in the agreement could be bound by the arbitration proceeding. However, in commercial arbitration, there is a circumstance in which a third party could be bound to arbitration proceedings. Indonesia has an arbitration

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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 (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 pla

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Almutairi, Abdullah Mushkus. "The role of arbitration in the resolution of commercial contract disputes under Saudi Law." Edelweiss Applied Science and Technology 9, no. 3 (2025): 1002–17. https://doi.org/10.55214/25768484.v9i3.5408.

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The study examined arbitration as an alternative method of resolving disputes arising from commercial contracts entered into by commercial enterprises for financial gain. The study focused on arbitration as a mechanism to resolve commercial contract disputes. The author adopted a doctrinal approach based on interpreting laws, regulations, and international treaties, and analyzing relevant studies. The collected data for this research appears in a literature study, namely a review of library materials related to the research subject. The study concluded that arbitration is less critical than th

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Baker, Mark. "Are Challenges Overused in International Arbitration?" Journal of International Arbitration 30, Issue 2 (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 (2007): 64–66. http://dx.doi.org/10.1111/j.1744-1714.1963.tb01181.x.

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Podtserkovnyi, Oleg, and Hanna Budurova. "Regarding consideration of the principle of primacy of arbitration in cases of invalidation of an arbitration agreement in economic proceedings." Slovo of the National School of Judges of Ukraine, no. 1(42) (September 4, 2023): 109–21. http://dx.doi.org/10.37566/2707-6849-2023-1(42)-9.

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The article examines the principle of primacy of arbitration. It continued the doctrine of «competency of competence» and can be defined as an approach established by international legal obligations of Ukraine and special legislation on international commercial arbitration, according to which consideration of the issue on validity, effectiveness, and enforceability of an arbitration agreement must precede consideration of the corresponding claim in the state court, except for cases caused by clear disregard public order by such an agreement. It has been proven that consideration by the economi

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Frohloff, Jan. "Arbitration in space disputes." Arbitration International 35, no. 3 (2019): 309–29. http://dx.doi.org/10.1093/arbint/aiz015.

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Abstract Some 40 years ago, the advent of commercial space activities was expected to usher in an era of disputes between the various actors in outer space. However, these space disputes and potential arbitrations between private or public entities never seemed to materialize. Even until recently it was suggested that disputes in outer space are an emerging issue which needs to be addressed in the future. The author takes the opposite position, arguing that arbitration in space disputes is an active field in commercial and investment arbitration, and discussing the most notable cases and their

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Blanke, Gordon. "The Application of EU Law to Arbitration in the UK: A Study on Practice and Procedure." European Business Law Review 25, Issue 1 (2014): 1–66. http://dx.doi.org/10.54648/eulr2014001.

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The following study deals with the application of EU law to arbitration in the UK , and in particular with points of practice and procedure that arbitrators and arbitrating parties are required to take into account in the application of EU law in UK arbitration. The role played by EU law in arbitration is often overlooked given the prevailing confidential nature of arbitration as a private dispute resolution mechanism in its own right. Arbitration finds wide application in the resolution of disputes arising from licensing, franchising, supply and distribution and other commercial agreements ac

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Drahozal, Christopher. "Arbitration Costs and Forum Accessibility: Empirical Evidence." University of Michigan Journal of Law Reform, no. 41.4 (2008): 813. http://dx.doi.org/10.36646/mjlr.41.4.arbitration.

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In this Article, written for this symposium issue on "Empirical Studies of Mandatory Arbitration," I examine the available empirical evidence on these two questions. I take "mandatory arbitration" to refer to pre-dispute arbitration clauses in consumer and employment (and maybe franchise) contracts. Accordingly, I limit my consideration of the empirical evidence to those types of contracts. I do not discuss empirical studies of international arbitrations, which almost always arise out of agreements between commercial entities. Nor do I discuss empirical studies of court-annexed arbitrations, w

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Feld, Guillaume. "Pour une déontologie de l’arbitre." ASA Bulletin 41, Issue 3 (2023): 50–74. http://dx.doi.org/10.54648/asab2024005.

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The remarkable development and success of (international) commercial arbitration over the past sixty years have been accompanied by a surge of players and by an alteration in arbitrators’ ethos, translating into misbehaviours and inefficiency which have caused ethical concerns to move to the forefront of doctrinal debates. Based on the minimalistic approach of legislators, professional institutions and arbitration centres have attempted to address some of the issues raised by commercial arbitration users. The ensuing normative inflation has added up to the confusion, rather than assuaging user

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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 (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

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Jhangiani, Sapna. "Conflicts of Law and International Commercial Arbitration Can Conflict Be Avoided?" BCDR International Arbitration Review 2, Issue 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

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Tojiboyev, Sarvar Zafarovich. "LAW APPLICABLE TO STATE ENTITIES IN INTERNATIONAL ARBITRATION." INTERNATIONAL BULLETIN OF APPLIED SCIENCE AND TECHNOLOGY 3, no. 8 (2023): 171–78. https://doi.org/10.5281/zenodo.8278244.

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This paper analyzes the law applicable to State entities in the scope of international commercial arbitration. The concept of incapacity, capacity to arbitrate and the notion of State immunity concerning State entities in international arbitration have been examined accordingly. The participation of State and State entities in international commercial arbitration is one of the most arguable and crucial issues in international legal practice. Controversial issues have been found in such cases where arbitral tribunals tried to expand the arbitral clause not only to State entities but also to the

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Abdoli, Fardin. "Examining the Status of Arbitration in Iranian Law with an Emphasis on Imami Jurisprudence." Interdisciplinary Studies in Society, Law, and Politics 4, no. 2 (2025): 59–71. https://doi.org/10.61838/kman.isslp.4.2.6.

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Arbitration is an ancient institution that Iranians have long utilized, and particularly in light of Islamic regulations, arbitration and the non-adversarial resolution of disputes have been regarded as a commendable practice among Iranians. In recent decades, arbitration has gained a special position in international trade, and merchants and those involved in international commercial affairs have found it to be a favorable and relatively reliable method for resolving their commercial disputes. Consequently, today, the dispute resolution clause has become a relatively essential and standard pr

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Prytyka, Yu, and D. Prytyka. "NEWLY REFORMED PROCEEDINGS OF THE ARBITRATION AWARDS REVIEW AND INTERNATIONAL COMMERCIAL ARBITRATION AWARDS APPEAL IN CIVIL PROCEDURAL LEGISLATION OF UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 29–35. http://dx.doi.org/10.17721/1728-2195/2019/3.110-6.

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This article deals with the novelties of the reformed procedural legislation of Ukraine on appealing the decision of arbitration court and international commercial arbitration, as well as on new approaches to determining the legal nature of the proceedings in cases of appealing arbitration awards. At the same time, this study shows that the specific practical problems of a unified approach to terminology absence, in particular, "appeal" by arbitral tribunal or "challenge" by international commercial arbitration, still remain. In this article the problems of determining the objects of appeal an

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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 (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

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Greenwood, Lucy. "The Canary Is Dead: Arbitration and Climate Change." Journal of International Arbitration 38, Issue 3 (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

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Tubishat, Bassam Mustafa Abdul-Rahman. "Cross-cultural challenges in international commercial arbitration: Strategies for effective resolution." Edelweiss Applied Science and Technology 8, no. 6 (2024): 758–68. http://dx.doi.org/10.55214/25768484.v8i6.2160.

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The purpose of the article is to determine the most effective strategic guidelines for the implementation of international commercial arbitration. The object of the study is international arbitration. The scientific task is to characterize which strategic guideline is the most optimal today. The research methodology involves the use of the even comparison method. As a result of the study, the most optimal strategic guideline for international commercial arbitration under the pressure of intercultural challenges was determined. In article we prove, that the strategies of Enhanced Cultural Train

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Sidik, Jafar, Oleg Orlov, Asep Rozali, and Dewi Sulistianingsih. "Choice of Arbitrators Regarding Dispute Settlement (Comparing Indonesia and Russia)." Journal of Law and Legal Reform 5, no. 1 (2024): 109–36. http://dx.doi.org/10.15294/jllr.vol5i1.2093.

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Arbitration is a mechanism for resolving civil disputes outside traditional courts, governed by a written arbitration agreement between the disputing parties. Limited to commercial and specific disputes like banking, an arbitration tribunal, consisting of arbitrators, hears and decides these matters. In Indonesia, Law Number 30 of 1999 states that the appointment of two arbitrators grants them authority to select a third. Meanwhile, Russian laws, such as Federal Law No. 382-FZ and Law No. 5338-1, empower the Nomination Committee of Permanent Arbitration to appoint a third arbitrator from an ap

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Hrušovský, Michal, and Pavel Lacko. "ARBITRATION IN THE SLOVAK REPUBLIC: MODERN TRENDS AND LEGAL CHALLENGES." Strani pravni život 68, no. 4 (2025): 745–60. https://doi.org/10.56461/spz_24415kj.

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Arbitration in the Slovak Republic has grown steadily as the preferred commercial dispute resolution method, driven by a robust legal framework under the Arbitration Act aligned with the UNCITRAL Model Law. Despite its increasing popularity, the adoption of arbitration remains relatively slow, hindered by the issues such as judicial interference, limited public awareness, and perceived complexities. Efforts to popularize arbitration include enhancing arbitrator expertise, educating judges, and fostering institutional support. The integration of technology, such as online dispute resolution pla

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Prytyka, Yuriy, Vyacheslav Komarov, and Serhij Kravtsov. "Reforming the Legislation on the International Commercial Arbitration of Ukraine: Realities or Myths." Access to Justice in Eastern Europe 4, no. 3 (2021): 117–28. http://dx.doi.org/10.33327/ajee-18-4.3-n000074.

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International commercial arbitration (ICA) is an alternative way to resolve foreign economic disputes. Initially, arbitration itself was seen as a neutral court in which the parties to the dispute were independent of national courts. Arbitration agreements and decisions must be recognised by national courts without any complications or review procedures. Although granting commercial parties some independence to agree that their dispute will be considered by independent arbitrators is a key principle in ICA, the struggle for supremacy between national laws and national courts on the one hand an

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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 inf

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