Germany: Act on the Reform of the Law Relating to Arbitral Proceedings

1998 ◽  
Vol 37 (4) ◽  
pp. 790-809
Author(s):  
Georges R. Delaume
Keyword(s):  
The Law ◽  
Arbitral Proceedings

Dispute Concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean, Preliminary Objections (ITLOS)

2021 ◽  
pp. 1-69
Author(s):  
Thomas Burri ◽  
Jamie Trinidad
Keyword(s):  
Indian Ocean ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Maritime Boundary ◽  
The Indian Ocean ◽  
The Law ◽  
Arbitral Proceedings ◽  
Chagos Archipelago

On January 28, 2021, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) delivered a judgment in which it rejected preliminary objections raised by the Maldives in arbitral proceedings instituted by Mauritius, concerning the delimitation of the maritime boundary north of the Chagos Archipelago in the Indian Ocean.

6 Conduct of the Proceedings

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
Public Policy ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Legal Regime ◽  
Mandatory Rules ◽  
Recognition And Enforcement ◽  
The Law ◽  
Arbitral Proceedings ◽  
Do So

This chapter outlines the conduct of the tribunal and the parties during arbitration proceedings. In general, an arbitral tribunal must conduct the arbitration in accordance with the procedure agreed by the parties. If it fails to do so, the award may be set aside, or refused recognition and enforcement. However, the freedom of the parties to dictate the procedure to be followed in an international arbitration is not unrestricted. The procedure must comply with any mandatory rules and public policy requirements of the law of the juridical seat of the arbitration. It must also take into account the provisions of the international rules on arbitration, such as those of the ICC, which aim to ensure that arbitral proceedings are conducted fairly. Accordingly, a balance must be struck between the parties’ wishes concerning the procedure to be followed and any overriding requirements of the legal regime that governs the arbitration.

scholarly journals Agreements Limiting or Expanding Grounds for Annulling International Arbitral Awards

2020 ◽  
pp. 130-157
Author(s):  
Dragana Nikolić
Keyword(s):  
Judicial Review ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Party Autonomy ◽  
Successful Resolution ◽  
The Law ◽  
Arbitral Proceedings

Within the traditional framework of international arbitration, an arbitral tribunal produces a final and binding award, which can be only exceptionally annulled based on the narrowly tailored grounds available under the law of the seat. However, parties sometimes seek to limit or expand the grounds for annulment, hoping to increase the chances for successful resolution of their dispute. As the clauses modifying the scope of judicial review become more popular, important questions come to the fore with respect to their validity, application and usefulness. This paper will analyse the compatibility of these clauses with the nature of arbitration, by examining their compliance with the principles of party autonomy and finality. Main characteristics and application of these arbitration clauses will be also discussed. In addition, the author will explore how the stipulation of these clauses affects the quality of awards, integrity of arbitral proceedings and enforceability of awards abroad.

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