Arbitration International最新文献_第7页

The applicability of Henderson v Henderson in an arbitration seated in England 亨德森诉亨德森案在英国仲裁案中的适用性

Arbitration International Pub Date : 2023-01-21 DOI: 10.1093/arbint/aiac016

Myron Phua, Serena Lee

引用次数: 0

The Balder effect: conditional arbitrability’s threat to the New York convention 巴尔德效应:条件仲裁对《纽约公约》的威胁

Arbitration International Pub Date : 2023-01-10 DOI: 10.1093/arbint/aiac018

A. Lewis

引用次数: 0

Proposed basic timetables for expedited arbitration 拟议的快速仲裁基本时间表

Arbitration International Pub Date : 2023-01-09 DOI: 10.1093/arbint/aiac017

T. Webster

{"title":"Proposed basic timetables for expedited arbitration","authors":"T. Webster","doi":"10.1093/arbint/aiac017","DOIUrl":"https://doi.org/10.1093/arbint/aiac017","url":null,"abstract":"\u0000 This article sets out two basic procedural timetables for the hearing of arbitration within 6 months after the constitution of the Tribunal and rendering of an award within 30 days thereafter. Two of the key complaints about international arbitration relate to time and costs. In the author’s view, these can be addressed by moving away from what have become the default timetables for international commercial arbitration. In this respect, the most obvious issue is the 2-month documentary production period. However, that is not the only issue, and documentary production has a role in arbitration. Another issue relates to expert evidence. A further issue relates to defining the issues and having input from the Tribunal regarding the issues prior to the evidentiary hearing. Yet another issue relates to the conduct of the evidentiary hearing itself. And a final issue is the time to finalize the Award. These expedited procedural timetables are based on the adversarial rather than the inquisitorial approach, although with the active participation of the Tribunal in the evidentiary hearing. They are intended to be used for mid-sized or larger arbitrations with a three-member Tribunal, although they could be used for smaller arbitrations or with a Sole Arbitrator.","PeriodicalId":37425,"journal":{"name":"Arbitration International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43982535","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}

引用次数: 0

India: a late opening to the notion of international public policy? 印度:国际公共政策概念的迟来的开放?

Arbitration International Pub Date : 2022-12-20 DOI: 10.1093/arbint/aiac015

Abhisar Vidyarthi, Sikander Hyaat Khan

{"title":"India: a late opening to the notion of international public policy?","authors":"Abhisar Vidyarthi, Sikander Hyaat Khan","doi":"10.1093/arbint/aiac015","DOIUrl":"https://doi.org/10.1093/arbint/aiac015","url":null,"abstract":"\u0000 The New York Convention does not define the term public policy, and allows discretion to the member states to develop and apply their own notions of public policy. The development and evolution of public policy, at both national and international levels, have given rise to domestic and international interpretations of public policy. International public policy reflects only those notions of morality and justice that are relevant in the international context. It is widely recognized that domestic public policy should apply only to domestic awards, and states should endeavour to apply international public policy when dealing with the enforcement of foreign awards. While Indian courts do not make an explicit distinction between domestic and international public policy, they have traditionally been infamous for refusing enforcement to foreign awards based upon a broad public policy scrutiny. That said, in recent times, there has been a strong push to rectify India’s image by narrowly interpreting the scope of public policy applicable to foreign awards. This article examines whether the recent favourable changes in the judicial and legislative outlook towards public policy have opened the doors for the application of international public policy to the enforcement of foreign awards in India.","PeriodicalId":37425,"journal":{"name":"Arbitration International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44102145","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}

引用次数: 0

On international arbitration, choice of substantive law, and the CISG: a case law study 国际仲裁、实体法选择与《销售公约》:判例法研究

Arbitration International Pub Date : 2022-11-16 DOI: 10.1093/arbint/aiac012

Gustavo Favero Vaughn, K. Duggal

引用次数: 0

Thailand’s debut in investment treaty arbitration: the curious case of Walter Bau and its lessons for participants in international investment law 泰国在投资条约仲裁中的首次亮相:Walter Bau的奇特案例及其对国际投资法参与者的教训

Arbitration International Pub Date : 2022-10-25 DOI: 10.1093/arbint/aiac011

Nartnirun Junngam

{"title":"Thailand’s debut in investment treaty arbitration: the curious case of Walter Bau and its lessons for participants in international investment law","authors":"Nartnirun Junngam","doi":"10.1093/arbint/aiac011","DOIUrl":"https://doi.org/10.1093/arbint/aiac011","url":null,"abstract":"\u0000 Thailand’s first experience with investment treaty arbitration has not been a pleasant one. Nevertheless, it offers important lessons to States, foreign investors, and arbitral tribunals regarding their respective participation in the process of decision-making. First, States must be meticulous in concluding investment treaties while bearing in mind that their subsequent practice affects the way those treaties are interpreted and applied. Second, foreign investors’ due diligence when making investments and their selection of a suitably qualified lawyer to represent them in arbitral proceedings will both affect the outcome of their case. Third, arbitral tribunals’ understanding of international law is critical for the credibility of investment treaty arbitration and will contribute to its legitimacy—or lack thereof. In fulfilling their role, arbitral tribunals should consider economic realities within the confines of an applicable investment treaty. Furthermore, to determine their jurisdiction ratione materiae and jurisdiction ratione personae for non-ICSID arbitration, they should adopt the single keyhole approach, following the definition of ‘investment’ and ‘investor’ given by the parties as lex specialis and acting in accordance with the principle of procedural economy.","PeriodicalId":37425,"journal":{"name":"Arbitration International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45044474","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}

引用次数: 0

Towards a bumpy ride into the sunset: on the mutual termination of IIAs and their sunset clauses 走向崎岖的日落之路：关于国际投资协定及其日落条款的相互终止

Arbitration International Pub Date : 2022-10-19 DOI: 10.1093/arbint/aiac010

A. Lauvaux

引用次数: 0

Lawfare in Crimea: treaty, territory, and investor–state dispute settlement 克里米亚的法律战:条约、领土和投资者-国家争端解决

Arbitration International Pub Date : 2022-10-03 DOI: 10.1093/arbint/aiac009

Cameron Miles

引用次数: 0

Transnational arbitration agreements as contracts: in search of the parties’ common intention 作为合同的跨国仲裁协议：寻求当事人的共同意图

Arbitration International Pub Date : 2022-10-03 DOI: 10.1093/arbint/aiac007

I. Bantekas