scholarly journals Arbitration by the Numbers: The State of Empirical Research on International Commercial Arbitration

2006 ◽  
Vol 22 (2) ◽  
pp. 291-308 ◽  
Author(s):  
C. R. Drahozal
Keyword(s):  
Empirical Research ◽  
The State ◽  
Commercial Arbitration ◽  
International Commercial Arbitration

scholarly journals The Genesis of Arbitration Laws and International Commercial Arbitration

1970 ◽  
pp. 390-397
Author(s):  
Andriy Fedchyshyn
Keyword(s):  
Civil Society ◽  
The State ◽  
International Standards ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Western Democracy ◽  
Role Of The State ◽  
Special Knowledge ◽  
Degree Of Participation ◽  
First Time

The article presents the historical development of arbitration law and international commercial arbitration. Arbitration, as one of the oldest institutes of alternative litigation, has repeatedly undergone fundamental changes regarding the procedure for its appointment, forms of exercise and the very subjects of litigation. The study of the periods of historical and legal formation of arbitration and arbitration courts in the territory of modern Ukraine made it possible to identify the basic prerequisites for the creation of such institutions, to determine the role of the state and the degree of participation of civil society in this long process. The peculiarities of expert support at each of the periods of historical and legal formation of arbitration and arbitration courts in the territory of modern Ukraine are indicated. The formation of arbitral tribunals, as a form of resolution of legal conflicts, to some extent prevented the strengthening of centralized power, in particular the judiciary, the state could not coexist with a strong private jurisdiction that competed with the state judicial system. The establishment of arbitral tribunals in the territory of modern Ukraine, as a modern toolkit for the implementation of alternative forms of justice, is a consequence of the long historical and legal development of the state and society, which was in some way influenced by a set of factors such as: the over-formalization of the judiciary (which often prevented the imposition of ); Western democracy (which accelerated the government's desire to reform and legislate democratic foundations); and certainly the ongoing development of civil society. With the adoption of the Law of Ukraine “On Arbitration Courts” by the Verkhovna Rada of Ukraine on May 11, 2004, for the purpose of the correct resolution of the dispute, the procedure for conducting expert examination was clarified for the first time to clarify issues requiring the use of special knowledge by an arbitral tribunal as an institution, as an appropriate non-state independent body. . The use of alternative ways of resolving disputes is increasingly controversial in modern legal science. However, Ukraine's legal field allows alternative institutions to operate in accordance with international standards. The approaches to proving and assigning expertise in international arbitration practice vary, depending on the legal culture.

scholarly journals “National Intervention” in International Commercial Arbitration

2019 ◽  
Vol 19 (1) ◽  
pp. 81-107
Author(s):  
Carlos A. Esplugues
Keyword(s):  
International Trade ◽  
The State ◽  
International Standards ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
State Practice

The use of international arbitration increased over the years as a result of growth in international trade. How the State intervenes in the process concerning the appointment of arbitrators, provisional measures and evidence, and in the enforcement of the judgment after arbitration, is analysed. This State practice is however, difficult to change since international arbitration operates in a structure based on differing national terms, and not on uniform international standards.

scholarly journals Remarks by Eduardo Silva Romero

2018 ◽  
Vol 112 ◽  
pp. 244-248
Author(s):  
Eduardo Silva Romero
Keyword(s):  
The State ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The Icj

Starting with the state-to-state disputes, my impression is that international commercial arbitration has very little influence on them, if not nil. That is the case for, I believe, two reasons. The first reason is that the arbitrators dealing with state-to-state disputes and state-to-state arbitrations are usually, if not always, public international lawyers, and, further, they are often former judges of the ICJ, with the result that the rules and practices of the ICJ are more present in those arbitrations than those coming from international commercial arbitration. The second reason is that not many, if any, international commercial arbitrators intervene in those disputes. There may, in the end, be some procedural similarities between state-to-state arbitration and international commercial arbitration, due to the fact that both are “arbitration,” but that would be it.

scholarly journals Violation of public order as a ground for refusing to recognize and enforce the decision of the international commercial arbitration

2020 ◽  
Vol 3 ◽  
pp. 86-92
Author(s):  
Oleksandr Seryogin
Keyword(s):  
The State ◽  
Public Order ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The Public ◽  
National Bank ◽  
Recognition And Enforcement ◽  
Arbitration Award

The author of the article summarizes at the doctrinal level the following issues regarding the recognition and enforcement of decisions of international commercial arbitration. In particular: (1) whether Ukraine’s public order will be violated by the recognition and enforcement of an international commercial arbitration award, imposed on the National Bank of Ukraine, which was not a party to the proceedings, as the State of Ukraine is represented by the Ministry of Justice of Ukraine; (2) whether the public order of Ukraine will be violated if the Budget of Ukraine incurring significant losses in connection with the recognition and enforcement of the decision of the international commercial arbitration; (3) under what conditions the recognition and enforcement of the decision of the international commercial arbitration should be considered as violating the public order of Ukraine.

scholarly journals Interpretation of the «Public Policy» Category in Recent Judicial Practice

2021 ◽  
pp. 30-42
Author(s):  
Ivan KOSTIASHKIN ◽  
Olena CHERNIAK
Keyword(s):  
Public Policy ◽  
Case Law ◽  
The State ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The Public ◽  
Judicial Practice ◽  
Recognition And Enforcement ◽  
Principles Of Justice ◽  
Definition Of

The article studies the concept of «public policy», presents doctrinal definitions of public policy, as well as definitions used in judicial practice, in particular in the decisions of the Supreme Court. It is established that the Ukrainian legislation does not contain a definition of «public policy», but from the analysis of case law it can be concluded that the public policy of any country includes the fundamental principles and principles of justice, morality, state system, political system and economic security, which the state wishes to protect, which means «public policy» is a broad and abstract concept. At the same time, such a position of the legislator, given the case law cited in the article, is justified and reasoned. It is analyzed that the Civil Code of Ukraine lists the grounds on which the transaction can be considered as violating public policy, at the same time, the analysis of case law shows that the category of public policy does not apply to any legal relationship in the state, but only on the essential foundations of law and order. The article also analyzes that the recognition or enforcement of the decisions of an international commercial arbitral tribunal may be denied if the court finds that the recognition and enforcement of this arbitral award is contrary to public policy of Ukraine, as an example listed court cases in which the enforcement of arbitral awards was refused due to a violation of public policy. In view of the above, it is proved in the article that the definition and understanding of the category of public policy is important in recognizing and bringing to the enforcement of international commercial arbitration courts decisions, as well as recognition of transactions as such that violates the public policy, which leads to insignificance of such transactions. It is summarized that today in Ukraine there is no normative definition of the concept of «public policy», and from the analysis of judicial practice we can conclude that judges interpret the concept of «public policy» quite broadly and abstractly. However, given that quite often cases of recognition of a transaction as contrary to public policy (invalid transaction), as well as the recognition and enforcement of international commercial arbitration and foreign courts judgments are «technical» cases brought in order to avoid the liability of a party against whom the decision was made, such an interpretation of the concept of «public policy» gives judges the opportunity to fully investigate, whether transactions or decisions in force violates public policy or the fundamental principles of justice and fairness of the state, without a statutory restriction on the concept of «public policy».

State’s Arbitration Proceedings Participation: Theoretical and Practical Aspect

2020 ◽  
pp. 31-36
Keyword(s):  
Public Law ◽  
Practical Aspect ◽  
The State ◽  
Broad Sense ◽  
State Courts ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
State Participation ◽  
The Russian Federation ◽  
Special Competence

In modern conditions, interest to public law participants in transnational contracts to appeal to arbitration, which, in turn, is determined by a very significant share of the Russian Federation in its economy attaches importance of the perspective of the study of international commercial arbitration, oriented towards the participation of the state in the broad sense, proposed in the article. The article deals with the main aspects of state participation (in a broad sense) in arbitration of legal disputes, such as interaction models between state courts and arbitration tribunals; disputes arbitrability involving the state; special competence as a basis for participation of subjects vested with authority in the arbitration agreements conclusion; problems of correlation between the confidentiality of arbitration proceedings principle and the possibility of civil society to obtain information on disputes in international commercial arbitration with the state participation; the tendency of contractualizing Russian and foreign jurisdictions’ civil procedure in disputes involving public elements.

Part II The Doctrine of Res Judicata in International Commercial Arbitration, 6 Transnational Res Judicata Principles for International Commercial Arbitral Tribunals

2016 ◽  
Author(s):  
Schaffstein Silja
Keyword(s):  
The State ◽  
Judicial System ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Transnational Law ◽  
Res Judicata ◽  
The Law

This chapter explains principles of the res judicata doctrine for international commercial arbitral tribunals based on transnational law. There are two main values that transnational litigation upholds in determining the scope of the preclusive effects of a prior judgment in one country and the subsequent proceedings in another country. First, a judgment must be accepted in the recognising state with the original effects it would have in the state in which it was first rendered. Thus, the law of the country, where the first judgment was rendered, will determine the judgment’s preclusive effects in the subsequent proceedings. Second, the application of the law of the rendering state should preserve the integrity of the rendering state’s judicial system and that state’s resources.

One Window into the State of Insiders’ Arbitration Scholarship

2018 ◽  
pp. 155-164
Author(s):  
Bryant G. Garth
Keyword(s):  
The State ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Multiple Functions ◽  
International Commercial Arbitration

Abstract This book, dedicated to Charles N. Brower, a prominent international arbitrator, provides a window into the field of international commercial arbitration. It is a depiction and embodiment of the state of what can be called ‘insiders’ international arbitration. It purports to be about ‘practicing virtue,’ providing keys to the actual work of international arbitrators as depicted by an important segment of them. But the scholarship of arbitrators performs multiple functions, including self-promotion, criticism of competitors from outside, unification of the field, and bolstering the legitimacy of the field, among others. The book is therefore not only about the practice of virtue as this community sees it. It is also about ‘dealing in virtue’ – seeking to maintain the market for precisely what this group has to offer.

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