Arbitration International最新文献_第2页

Reform of the Arbitration Act 1996: a missed opportunity to entrench diversity? 1996 年《仲裁法》改革：错失巩固多样性的机会？

Arbitration International Pub Date : 2024-01-20 DOI: 10.1093/arbint/aiad052

Ella Davies, Sylvia Noury

{"title":"Reform of the Arbitration Act 1996: a missed opportunity to entrench diversity?","authors":"Ella Davies, Sylvia Noury","doi":"10.1093/arbint/aiad052","DOIUrl":"https://doi.org/10.1093/arbint/aiad052","url":null,"abstract":"\u0000 This article discusses the recent consultation by the Law Commission of England and Wales (‘Law Commission’) on reform to the Arbitration Act 1996 (‘AA 1996’) which grappled with the issue of discrimination in agreements to appoint arbitrators. Recent efforts by the arbitration community to promote greater arbitrator diversity have started to result in the codification of equality and diversity considerations directly into some arbitral rules. However, guidelines developed to date by arbitral institutions have tended to focus on promoting greater diversity in institutional appointments rather than prohibiting discrimination in party appointments. In its September 2022 Consultation Paper, the Law Commission initially proposed new statutory provisions which would have made agreements relating to arbitrators’ ‘protected characteristics’ unenforceable, subject to certain exceptions. This article discusses some areas of uncertainty with these proposals which ultimately led to their abandonment, as well as the Law Commission’s conclusion against reforming the AA 1996 to prohibit discrimination in arbitration generally. The article examines some of the alternative ways in which discrimination could have been addressed through statutory reform and whether it is desirable for the onus to fall back to the arbitral institutions to adopt more robust guidance prohibiting discrimination in party appointments.","PeriodicalId":37425,"journal":{"name":"Arbitration International","volume":"10 40","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139523620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Awarding costs where no arbitral jurisdiction on the merits: the making and enforcement of negative cost awards 在对案情实质没有仲裁管辖权的情况下裁决费用：作出和执行否定费用裁决

Arbitration International Pub Date : 2024-01-02 DOI: 10.1093/arbint/aiad051

Kateryna Shokalo

{"title":"Awarding costs where no arbitral jurisdiction on the merits: the making and enforcement of negative cost awards","authors":"Kateryna Shokalo","doi":"10.1093/arbint/aiad051","DOIUrl":"https://doi.org/10.1093/arbint/aiad051","url":null,"abstract":"\u0000 Arbitral tribunals routinely award costs when they lack jurisdiction on the merits of a dispute. However, most of the identified awards—labelled here as ‘negative cost awards’—fail to adequately explain the source of the tribunals’ authority to award costs, either by omitting the reasoning altogether or by merely relying on the arbitration rules. If the arbitration agreement is found to be invalid or non-existent, it cannot empower a tribunal to award costs, and the arbitration rules ordinarily should not apply if the parties never agreed to them in a valid arbitration agreement. This notwithstanding, tribunals usually have a valid basis to award costs. This authority can be found in the arbitration agreement on the issue of costs, the competence–competence principle or, one way or another, national arbitration laws. Negative cost awards generally should be enforceable both under the New York Convention and the ICSID Convention, but the lack of an express finding of the arbitration agreement or another source of the tribunals’ authority to award costs may jeopardize the enforceability of such awards. Tribunals can avoid this problem by expressly explaining the basis of their authority to adjudicate costs in their awards.","PeriodicalId":37425,"journal":{"name":"Arbitration International","volume":"20 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139452555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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The application of public interest norms in international commercial arbitration 在国际商事仲裁中适用公共利益准则

Arbitration International Pub Date : 2023-12-01 DOI: 10.1093/arbint/aiad047

P. Landolt

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The FIDIC Red Book Contract: An International Clause-by-Clause Commentary, edited by Christopher Seppälä Christopher Seppälä 编辑的《FIDIC 红皮书合同：逐条国际评注

Arbitration International Pub Date : 2023-11-29 DOI: 10.1093/arbint/aiad046

Gary Born, Aonkan Ghosh

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Has a sufficient case been made for the Law Commission’s proposals in respect of section 67? 法律委员会关于第 67 条的建议是否有充分的理由？

Arbitration International Pub Date : 2023-11-21 DOI: 10.1093/arbint/aiad048

Alexander Gunning

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Fraud on the tribunal in investor–State arbitration 投资者-国家仲裁中的法庭欺诈

Arbitration International Pub Date : 2023-11-14 DOI: 10.1093/arbint/aiad045

Gunjan Sharma

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The arbitrary deprivation of dual nationality in investment arbitration 投资仲裁中对双重国籍的任意剥夺

Arbitration International Pub Date : 2023-10-04 DOI: 10.1093/arbint/aiad044

Andrés A Mezgravis

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Note:The Heirs of Pausimachus v City of Kalymnos arbitration 注:波西马库斯继承人诉卡利姆诺斯城仲裁

Arbitration International Pub Date : 2023-09-16 DOI: 10.1093/arbint/aiad043

Paschalis Paschalidis

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Jurisdictional overlap between domestic courts and investment arbitration: an occasion for judicial dialogue 国内法院和投资仲裁之间的管辖权重叠:司法对话的场合

Arbitration International Pub Date : 2023-07-21 DOI: 10.1093/arbint/aiad042

Mees Brenninkmeijer

{"title":"Jurisdictional overlap between domestic courts and investment arbitration: an occasion for judicial dialogue","authors":"Mees Brenninkmeijer","doi":"10.1093/arbint/aiad042","DOIUrl":"https://doi.org/10.1093/arbint/aiad042","url":null,"abstract":"\u0000 Since investors can commonly bring claims under both an international investment treaty and contracts, domestic courts and investment treaty tribunals may compete for jurisdiction over what is—in essence—the same dispute. While much has been written about the distinction between treaty and contract as well as its application in practice, relatively little attention has been paid to the extent of judicial dialogue between domestic courts and investment arbitration regarding this jurisdictional overlap. Investment treaty tribunals have arguably circumvented the issue altogether and show remarkably little restraint when faced with a conflicting contractual forum-selection clause. Such current conceptual position presents several issues, however, which domestic courts may encourage arbitral tribunals to overcome. Finding an occasion for more judicial dialogue should therefore not be perceived as an undue encroachment of domestic courts on the autonomous nature of arbitration, but rather as an incentive for investment treaty tribunals to scrutinize the limits of their own jurisdiction more carefully and to start regulating the issue of jurisdictional overlap differently.","PeriodicalId":37425,"journal":{"name":"Arbitration International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43723196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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EU Investment Protection Law 欧盟投资保护法

Arbitration International Pub Date : 2023-07-17 DOI: 10.1093/arbint/aiad041

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