V. Recognition of Arbitral Awards

1999 ◽  
Vol 48 (4) ◽  
pp. 975-977 ◽  
Author(s):  
Wendy Kennett
Keyword(s):  
Arbitral Tribunal ◽  
Military Equipment ◽  
Arbitral Award ◽  
The Face ◽  
Arbitral Proceedings ◽  
Court Of Appeal ◽  
Arbitration Award

A number of issues relating to the finality of arbitration awards in the face of arguments based on public and fraud were addressed by the Court of Appeal in Westacre Investments Inc. v. Jugoimport—SDRP Holding Co. Ltd.20 The claimant had obtained an arbitration award in its favour in Switzerland which it was seeking to enforce in England. The dispute referred to arbitration concerned a claim for payment of commission. The commission was due under a contract through which the claimant assisted the defendant to obtain a contract for the supply of military equipment to Kuwait. It was alleged in the English proceedings that this contract was invalid since the commission payment in fact amounted to a bribe to a member of the Kuwaiti government. The issue of bribery had been raised before the Swiss arbitral tribunal, but the majority of the tribunal found that they were not required to investigate this issue if the parties led no evidence to prove that it had taken place. The contract between the parties was therefore found valid and binding. An appeal to the Swiss Federal Tribunal was lodged by the defendant for an annulment of the arbitral award. The Federal Tribunal concluded that the nature of its competence to review arbitral proceedings required it to base its decision on the facts found by the Tribunal. It therefore confirmed the award. The defendants then tried to raise the same bribery issue in the enforcement proceedings in England.

2. How arbitration works

2021 ◽  
pp. 23-39
Author(s):  
Thomas Schultz ◽  
Thomas Grant
Keyword(s):  
Arbitral Tribunal ◽  
Arbitral Award ◽  
National Courts ◽  
Arbitral Proceedings

This chapter explains how arbitration works in practice. Arbitration takes place if and only if parties have consented to it. Their consent needs to make clear how, specifically, arbitration is going to work for them. Parties in some situations may use courts and through them the executive apparatus to assist in arbitral proceedings. Under most arbitration agreements, once the arbitrator or arbitral tribunal has given the final arbitral award, arbitral jurisdiction comes to an end, and so there is no place for a party to turn to appeal against an adverse award. However, a losing party nevertheless may have opportunities to challenge an award, including in proceedings in national courts.

6 The Arbitral Award

2016 ◽  
Author(s):  
Wolff Reinmar
Keyword(s):  
The Other ◽  
State Court ◽  
Arbitral Tribunal ◽  
Arbitral Award ◽  
Other Hand ◽  
Arbitral Proceedings ◽  
The One ◽  
German Court

This concluding chapter examines the arbitral award given at the outcome of the arbitration proceedings. It describes the different ways German arbitration law resolves the dispute — by decision of the arbitral tribunal and by settlement of the parties — and the rules which the arbitral tribunal applies when deciding on the merits and costs. Traditionally, arbitration is characterized by, on the one hand, largely flexible arbitral proceedings and, on the other hand, an outcome, the award that not only is tantamount to a state court judgment but also is equipped with restricted remedies and facilitated means of enforcement both domestically and internationally. In conformity with German court tradition, arbitral tribunals in Germany often encourage the parties to consider making a settlement. To facilitate enforcement of the terms of any such settlement, it may be recorded by the arbitral tribunal in the form of an award on agreed terms.

‘Arrest, Arrest, Arrest’

2021 ◽  
pp. 283-315
Author(s):  
Richard Martin
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Case Law ◽  
Human Rights Law ◽  
High Court ◽  
Legal Standards ◽  
Everyday Work ◽  
The Face ◽  
Court Of Appeal ◽  
Police Practices

The focus of the empirical account of human rights in Part IV is on the suspect’s right to liberty in the context of police custody. In keeping with the style adopted in Part III, the discussion that follows seeks to closely analyse how particular aspects of police practices and decision-making interact with human rights law standards. The aim in this chapter is to explore how the three statutory safeguards established in PACE to protect the suspect’s right to liberty have fared in the face of organizational pressure to detect and ‘clear up’ crime. Using the three due process safeguards established in PACE to form a framework for this chapter’s analysis, the chapter explores how officers apply, dismiss, interpret and reconstruct each of these safeguards in their everyday work. Once again, the richness of this analysis, specifically its appreciation for how law and practice do (or do not) interact, is enhanced by paying close attention to the development of lines of authority in the case law that have, it is argued, watered down the legal standards officers must apply. This analysis of the case law is based on recent judgments from the High Court and Divisional Court of Northern Ireland, as well as from the Court of Appeal in England and Wales.

Part III Arbitral Rules, 16 Rules of Arbitration of the International Chamber of Commerce (ICC)

2019 ◽  
Author(s):  
Baumann Antje
Keyword(s):  
Dispute Resolution ◽  
Arbitral Tribunal ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Time Limits ◽  
Chamber Of Commerce ◽  
International Court ◽  
Arbitral Proceedings ◽  
Number Of Parties ◽  
International Chamber Of Commerce

This chapter discusses the arbitration rules of the International Chamber of Commerce (ICC). It begins with a background on the ICC International Court of Arbitration, with emphasis on its role in the development of international commercial arbitration. It then examines the 2017 ICC Arbitration Rules, citing some relevant figures related to ICC arbitration for the year 2017, including the number of parties involved in cases, the arbitral tribunals, and awards rendered by arbitral tribunals. Figures on other ICC dispute resolution rules are also given. The chapter concludes with a commentary of Articles 1–42 of the ICC Arbitration Rules, which cover topics such as definitions; time limits for written notifications or communications; request for arbitration and the respondent’s counterclaims to such a request; effect of the arbitration agreement; constitution of the arbitral tribunal; appointment, confirmation, challenge, and replacement of arbitrators; and rules of law applicable to the arbitral proceedings.

Part I Commentary on the ICDR International Rules, 10 Article 10—Notices

2019 ◽  
Author(s):  
Gusy Martin F ◽  
Hosking James M
Keyword(s):  
Electronic Communication ◽  
Arbitral Tribunal ◽  
Time Limits ◽  
Effective Functioning ◽  
Arbitral Proceedings

This chapter looks at Article 10 of the ICDR Rules. Both the arbitral tribunal and the parties to an arbitration must communicate in an effective and pre-agreed manner to ensure the smooth conduct of arbitral proceedings. Article 10(1) addresses the practicalities regarding notification of all communications between the parties. Notably, it addresses the variety of forms of modern communication, paying particular attention to forms of electronic communication. Likewise, Article 10(1) is drafted in sufficiently broad terminology that permits the parties and the tribunal to communicate in a variety of ways. Meanwhile, Article 10(2) provides the framework for calculating periods of time and time limits under the Rules. By specifically defining when notice periods begin to run, and anticipating holiday and other interruptions, Article 10(2) pre-empts possible dilatory tactics and sets the parties’ expectations for prompt notification, service of documents, and other communications that are essential to the timely and effective functioning of an arbitration.

9 Award

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
Arbitral Proceedings ◽  
Arbitration Award

This chapter considers the different categories of arbitration award issued by the arbitrary tribunal. The tribunal may be called upon to decide procedural disputes, or to make partial awards that decide issues between parties on a partial or final basis. Under the English Arbitration Act 1996, all awards are ‘final’, in the sense that they dispose ‘finally’ of the issues decided in them, and they are ‘binding’ on the parties. A final award, in this sense, is usually the outcome of arbitral proceedings that have been contested throughout. However, it may embody an agreed settlement between the parties, in which case it is generally known as a ‘consent award’, or an ‘award on agreed terms’. Another category is an award in proceedings in which a party has failed or refused to participate, which type of award is usually described as a ‘default award’.

The iron fist in the velvet glove? Testing the militarization/community policing paradox

2018 ◽  
Vol 20 (2) ◽  
pp. 143-154 ◽  
Author(s):  
Wendy M Koslicki ◽  
Dale Willits
Keyword(s):  
United States ◽  
Empirical Research ◽  
Community Policing ◽  
The United States ◽  
State Control ◽  
Military Equipment ◽  
Military Vehicles ◽  
The Face ◽  
Societal Changes ◽  
Equipment Acquisition

A number of police militarization scholars have explored the paradox of the simultaneous emergence of community policing and militarism in the United States. Several researchers have suggested that police militarization and community policing may be cohesive strategies of state control, with community policing being the “velvet glove” that wraps the “iron fist” of militarization in palatable rhetoric. Alternatively, it has been suggested that these two policing strategies are incoherent, having emerged as a result of the state’s disorganized attempts to maintain control in the face of significant societal changes. To date, little research has examined the link between community policing and police militarization specifically. This study uses community policing data from the 2013 LEMAS survey to examine variation in military equipment acquisition data from the Department of Defense’s 1033 Program between the years 2012 and 2014. Results show that departments engaging in certain community policing activities are significantly less likely to acquire general military equipment, firearms, and military vehicles. These findings suggest that these policing strategies are not necessarily coherent and potentially support the argument that community policing efforts can buffer militarization. However, these results also highlight the need for more empirical research on existing theories of militarization, as well as the causes and effects of police militarism and community policing activities.

scholarly journals The Jordanian Legal Regulation for Implementing the Arbitral Award as an Executive Bond in accordance with the Jordanian Execution Law No. 25 of 2007

2018 ◽  
Vol 11 (4) ◽  
pp. 109
Author(s):  
Shams El-Din Qassem Al-Khazaleh ◽  
Sayel Mofleh Momani
Keyword(s):  
Final Stage ◽  
Legal Regulation ◽  
The State ◽  
Judicial Control ◽  
Arbitral Award ◽  
Arbitration Process ◽  
Broad Concept ◽  
The Will ◽  
The Right ◽  
Arbitration Award

The implementation of the arbitral award is the final stage of the arbitration process, which is the substance of the arbitration agreement, since the control is based on the principle of the authority of the administration and as it is the focus of this research, the arbitration judgment, as well as the implementation of the arbitral award, will be discussed in addition to the terms of the enforceable judgment, as well as judicial control over the execution of the award to reach the result that the legislator was not successful in organizing methods of appeal by arbitration. The Jordanian legislator adopted the broad concept of executive bonds and then not limited to judgments and decisions, but included official and ordinary bonds and tradable commercial papers. The executive bonds are the documents specified in the law of enforcement or any other law and are the reason for establishing the right to implement execution and Article 6 of the Jordanian Enforcement Law referred to this. In addition, the Jordanian Arbitration Law No. 31 of 2001 approved the implementation of the arbitrators' judgments if the court ruled to uphold these provisions. The focus of our study was to implement the arbitral award as an executive bond and for its specificity as a judgment issued by natural persons with no jurisdiction. Only derive their task from the will of individuals. The parties to the dispute, but the reality that made the arbitration at the present time of the features that make it more acceptable by individuals to settle their disputes from resorting to the jurisdiction of the state, and respect for the legislator and his quest for stability and security made those decisions executive bonds under certain conditions are implemented through them. It is on this basis that this study is divided into sessions and we will address the concept of arbitral award. Then the implementation of the arbitration award and then we will discuss the terms of the arbitral award and enforceable judicial control over it and then move to the conclusion and its recommendations.

9 Conduct of the Arbitration (Articles 13–22, 25–26, 30–31)

2017 ◽  
Author(s):  
Moser Michael ◽  
Bao Chiann
Keyword(s):  
Prima Facie ◽  
Arbitral Tribunal ◽  
Arbitral Proceedings

This chapter addresses a number of key procedural steps and principles in an HKIAC arbitration. It begins with a discussion of the general principles governing the conduct of proceedings, followed by rules concerning the seat and venue of the arbitration and the language of the arbitration. The chapter then analyses the filing of and amendment to the parties’ written submissions. Next, the chapter discusses the arbitral tribunal’s authority to rule on its own jurisdiction as well as HKIAC’s prima facie power to proceed with an arbitration. The remainder of the chapter covers evidentiary matters and hearings, experts appointed by the arbitral tribunal, non-participation of a party in the arbitral proceedings, closure of the proceedings, and the waiver of a party’s right to object.

Arbitral Jurisdiction

2020 ◽  
pp. 69-102
Author(s):  
Alex Mills
Keyword(s):  
New York ◽  
Legal Framework ◽  
Arbitral Tribunal ◽  
Arbitral Award ◽  
National Courts ◽  
Basic Source ◽  
New York Convention

This chapter examines the concept and source of arbitral jurisdiction. In the context of arbitration, the term ‘jurisdiction’ typically refers to the ‘power’ or ‘authority’ of the arbitral tribunal to decide a dispute. A decision about whether a tribunal has jurisdiction will frequently be made by the tribunal itself, but that decision is not and cannot be a source of its jurisdiction, and cannot be a definitive determination of that jurisdiction, because the authority of that decision depends on the very question under review. A degree of deference may be given to the tribunal’s determination of these questions by national courts, but self-evidently a tribunal may not confer authority on itself. Thus, the ‘power’ of a tribunal comes more indirectly from two sources. First, the cooperation of national courts, which may readily recognize and enforce arbitral awards and may also act in support of arbitration in various other ways. Second, the potential reputational consequences of non-compliance with an arbitral award, which may lead a party to comply with it voluntarily. The legal framework for arbitration applied by most national courts is set out in the New York Convention 1958, and this remains a key basic source of the standards which are applied to determine when an arbitral tribunal is considered to have jurisdiction.

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