Arbitration International最新文献_第9页

The Emergence of Early Disposition Procedures in International Arbitration 国际仲裁中早期处置程序的产生

Arbitration International Pub Date : 2021-09-27 DOI: 10.1093/arbint/aiab034

David L. Wallach

{"title":"The Emergence of Early Disposition Procedures in International Arbitration","authors":"David L. Wallach","doi":"10.1093/arbint/aiab034","DOIUrl":"https://doi.org/10.1093/arbint/aiab034","url":null,"abstract":"\u0000 International arbitral institutions have begun adding early disposition procedures to their rules. This began as a trickle in 2006 when the ICDR became the first institution to add an early disposition rule. It has turned into a flood, with seven major institutions adding procedures in the past five years. There are important differences among the early disposition procedures adopted by various institutions, but those procedures share certain characteristics. They generally impose a high standard of review that must be satisfied to obtain early disposition. Further, many institutions’ procedures are limited in the types of issues that can be raised and the time within which an application for early disposition must be made and disposed of. The absence of early disposition procedures has long been a weakness of international arbitration. The advent of these procedures is one of the most significant shifts in international arbitration procedure in recent memory. This article charts the emergence to early disposition procedures and the arguments for and against them. It reviews the procedures adopted to date and compares them with one another. Finally, it concludes with some reflections on current early disposition procedures and ideas for their further development.","PeriodicalId":37425,"journal":{"name":"Arbitration International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46811238","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

Lawyer, Scholar, Teacher and Activist: Liber Amicorum in Honor of Derek Roebuck, by Neil Kaplan and Robert Morgan (eds.) (2021) 律师、学者、教师和活动家：Liber Amicorum纪念Derek Roebuck，Neil Kaplan和Robert Morgan（编辑）（2021）

Arbitration International Pub Date : 2021-09-25 DOI: 10.1093/arbint/aiab032

T. Nelson

引用次数: 0

The lacking interest in interest rates: will the phase-out of LIBOR and negative rates go unnoticed by arbitration practitioners? 对利率缺乏兴趣:LIBOR和负利率的逐步淘汰会被仲裁从业者忽视吗?

Arbitration International Pub Date : 2021-09-25 DOI: 10.1093/arbint/aiab031

Mikhail Kalinin, M. Peer

{"title":"The lacking interest in interest rates: will the phase-out of LIBOR and negative rates go unnoticed by arbitration practitioners?","authors":"Mikhail Kalinin, M. Peer","doi":"10.1093/arbint/aiab031","DOIUrl":"https://doi.org/10.1093/arbint/aiab031","url":null,"abstract":"\u0000 Interest plays a crucial role in ensuring that the compensation obtained by the winning party does not diminish throughout the many years between the breach and enforcement of the award. Despite its importance, interest is often the last element considered by arbitration practitioners, who sometimes rely on popular interest rate benchmarks that worked well in the past. However, some familiar benchmarks might no longer achieve the intended outcome.\u0000 We have reviewed public investment arbitration awards rendered in 2019–2020 and identified three issues: the use of LIBOR despite its imminent phase-out, the use of benchmarks that have become negative, and the omission of interest from awards rendered in favour of respondent states. While solutions may vary, we discuss mechanisms that may be used to review existing awards, alternative interest rate benchmarks that may replace LIBOR, and floors that might be helpful to deal with negative interest rates.\u0000 Arbitration practitioners regret to see it when transactional lawyers negotiate arbitration clauses as ‘midnight clauses’. However, it often escapes the arbitration community that it adopts a similar last minute approach to interest rates. It is hoped that this article might help interest rates avoid the fate of being a ‘midnight remedy’.","PeriodicalId":37425,"journal":{"name":"Arbitration International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48460169","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

Different but similar?: Comparing the IBA Rules on the taking of evidence with the Prague Rules 不同但相似?:比较《国际律师协会取证规则》与《布拉格规则》

Arbitration International Pub Date : 2021-08-31 DOI: 10.1093/arbint/aiab026

R. Rangachari, K. Duggal

引用次数: 0

The Lawyer's Duty to Arbitrate in Good Faith and with Civility 律师的诚信仲裁义务

Arbitration International Pub Date : 2021-08-25 DOI: 10.1093/ARBINT/AIAB021

A. Sheppard

引用次数: 0

From Lena Goldfields to Crystallex: A Proposal For Collective Financing Of Sovereign Award Debt 从Lena Goldfields到Crystallex:主权奖励债务的集体融资建议

Arbitration International Pub Date : 2021-08-25 DOI: 10.1093/ARBINT/AIAB022

R. Teitelbaum