7 Role of National Courts during the Proceedings

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
National Court ◽  
Status Quo ◽  
Arbitral Tribunal ◽  
Judicial Control ◽  
National Courts ◽  
The Status ◽  
Model Law ◽  
Interim Measures

This chapter examines the role that national courts play at the beginning, during, and end of arbitration proceedings. Arbitration is dependent on the support of the courts, which alone have the power to intercede when one party seeks to sabotage proceedings. This intervention may be possible at the beginning of the arbitral process in the context of the enforcement of the arbitration agreement, the establishment of the tribunal, and challenges to jurisdiction. National courts may also intervene during proceedings: it may be necessary for the arbitral tribunal or a national court to issue orders intended to preserve evidence, to protect assets, or in some other way to maintain the status quo pending the outcome of the arbitration. Under the UNCITRAL Rules and Model Law, such orders are called ‘interim measures’. The chapter also describes how national courts exercise judicial control over the resulting award.

9 Interim Measures of Protection/Emergency Arbitrator Procedures: (Article 23 and Appendix III)

2020 ◽  
Author(s):  
Yu Jianlong ◽  
Cao Lijun
Keyword(s):  
Status Quo ◽  
Arbitral Tribunal ◽  
The Status ◽  
Property Preservation ◽  
The Subject ◽  
Preservation Property ◽  
Interim Measures

This chapter addresses the subject of interim measures of protection, including emergency arbitrator procedures. Interim measures provide means to parties to preserve the status quo as between themselves pending the resolution of their dispute. Article 23 of the CIETAC Rules sets forth some general provisions on conservatory and interim measures in the context of CIETAC arbitration, covering such aspects as conservatory measures from PRC Court (Article 23.1), emergency reliefs from emergency arbitrator (Article 23.2), and interim measures from arbitral tribunal (Article 23.3). The interim measures available from the PRC court are limited to three types: evidence preservation; property preservation; and conduct preservation. Meanwhile, contained in Appendix III of the CIETAC Rules are detailed provisions relating to emergency arbitrator procedures.

Part V Emergency Arbitrators and Interim Relief, 14 Emergency Arbitrators and Court-Ordered Interim Measures: Is the Choice Important?

2016 ◽  
Author(s):  
Jones Doug
Keyword(s):  
Status Quo ◽  
Arbitral Tribunal ◽  
The Status ◽  
Interim Measures ◽  
Practical Implications

Parties to a dispute often need urgent relief and may seek interim measures. Interim measures, also known as ‘temporary measures of protection’ or ‘conservatory measures’ are orders by courts or arbitral tribunals directed at the preservation of the status quo until a decision on the merits of the dispute is rendered. Closely related to interim measures is the concept of the emergency arbitrator-an arbitrator appointed post haste upon the application of a party to a dispute to decide an urgent issue that cannot wait until the constitution of the arbitral tribunal to decide it. This chapter considers the emergency arbitrator provisions in the rules of selected arbitral institutions, and the interplay between these provisions and a court’s ability to order interim measures of protection. It discusses the utility of emergency arbitrator provisions in light of issues of enforceability, giving way to both legal and practical implications for the choice between seeking emergency arbitration instead of court-ordered interim measures.

On Arbitral Jurisdiction. How to Deal with the Complementarity between Arbitral Tribunals and the Courts?

Global Jurist ◽  
2018 ◽  
Vol 18 (2) ◽  
Author(s):  
Cesare Cavallini
Keyword(s):  
Arbitral Tribunal ◽  
The Core ◽  
Arbitration Process ◽  
Complementary Role ◽  
Domestic Legislation ◽  
Model Law ◽  
Core Issues ◽  
Considerable Body ◽  
Optimum Balance

Abstract Why might one argue that the arbitral tribunal should have the “competence” to rule, as of right, upon its own jurisdiction? Is this natural power consistent with the legitimacy of arbitration? Can it unquestionably achieve the greatest level of efficiency for the parties? Although a considerable body of literature has attempted to answer these questions, this article aims to address (and partially reframe) the core issues relating to arbitral jurisdiction by comparing different legal systems and operative solutions in order to search for new and valuable insights on the topic . There is no doubt, in fact, that the orthodox position traditionally starts from the assumption that access to the courts within parallel proceedings, which (also) questions the allocation of jurisdiction, is problematic also due to the risk of delaying tactics by one party. According to this line of reasoning, when the authority of the arbitrators is challenged, the balance between the legitimacy and the efficiency of the arbitration process could be conditioned by prejudices relating to the (necessary) interference of the courts with the power of the arbitral tribunal to determine its own potestas judicandi (or its lack thereof) on the merits. In an attempt to move on from the classical framing of this issue and towards a comparative evaluation of the rationales and values underlying domestic legislation on arbitral jurisdiction, considered also with reference to the provisions of the UNCITRAL Model Law, this article will seek to provide a solution that is rooted in the complementary role of the courts and of arbitral tribunals. The complementarity between arbitral tribunals and the courts will be shown to be key in securing the legitimacy of arbitration and the actual pre-eminence of this source of alternative private justice and, accordingly, also as a way of striking the optimum balance with the efficiency of the arbitration process.

scholarly journals Gestation, equality and freedom: ectogenesis as a political perspective

2019 ◽  
Vol 46 (2) ◽  
pp. 76-82 ◽  
Author(s):  
Giulia Cavaliere
Keyword(s):  
Status Quo ◽  
Positive Case ◽  
The Political ◽  
Small Subset ◽  
Human Fetuses ◽  
Political Perspective ◽  
Women's Equality ◽  
The Status ◽  
Limited Scope

The benefits of full ectogenesis, that is, the gestation of human fetuses outside the maternal womb, for women ground many contemporary authors’ arguments on the ethical desirability of this practice. In this paper, I present and assess two sets of arguments advanced in favour of ectogenesis: arguments stressing ectogenesis’ equality-promoting potential and arguments stressing its freedom-promoting potential. I argue that although successfully grounding a positive case for ectogenesis, these arguments have limitations in terms of their reach and scope. Concerning their limited reach, I contend that ectogenesis will likely benefit a small subset of women and, arguably, not the group who most need to achieve equality and freedom. Concerning their limited scope, I contend that these defences do not pay sufficient attention to the context in which ectogenesis would be developed and that, as a result, they risk leaving the status quo unchanged. After providing examples of these limitations, I move to my proposal concerning the role of ectogenesis in promoting women’s equality and freedom. This proposal builds on Silvia Federici’s, Mariarosa Dalla Costa’s and Selma James’ readings of the international feminist campaign ‘Wages for Housework’. It maintains that the political perspective and provocation that ectogenesis can advance should be considered and defended.

scholarly journals Reviewing the National Courts in Creating Orderly International Law and Community

2017 ◽  
Vol 3 (2) ◽  
pp. 148
Author(s):  
Johanis Leatemia
Keyword(s):  
International Law ◽  
National Court ◽  
National Interest ◽  
The Other ◽  
Peaceful Coexistence ◽  
National Sovereignty ◽  
Customary International Law ◽  
National Courts ◽  
The One

Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

scholarly journals Prawo małoletnich do wolności od hazardu, uzależnienia od Internetu i gier komputerowych

2020 ◽  
Vol 6 ◽  
pp. 47-75
Author(s):  
Wioletta Pawska
Keyword(s):  
Sense Of Belonging ◽  
Status Quo ◽  
The Internet ◽  
Gaming Addiction ◽  
Online Environment ◽  
Parents And Children ◽  
The Status ◽  
Legislative Changes ◽  
The Right

The Right of Minors to Freedom from Gambling and Internet andGaming Addition The aim of the article is to highlight the dangers of gambling and Internet and gaming addiction of minors and young persons. The author is convinced that in the absence of positive legislative changes and if creators of games engaging young persons in gaming are not punished, children will not be safe in the online environment. There will not have any other lives than those in the games they play. Additionally, the most important thing is the role of the parents, guardians and teachers. They should talk to children about the problem, show them the dangers and organise better their free time – in an educational and carefree way. In accordance with the obligatory rules of custody, they should ensure them suitable development, safety and a sense of belonging. The teachers ought to support these activities. Summarising, if the status quo continues to be tolerated, minors and young person’s will be deprived of carefree life and suffer from harm and even sudden deaths. The author is sure that parents and children do not give enough attention to that and we should not take away from young person’s the joy of simple things letting them play in the Internet instead.

The Neglected Role of the Status Quo in Models of Issue Voting

1985 ◽  
Vol 47 (1) ◽  
pp. 230-237 ◽  
Author(s):  
Bernard Grofman
Keyword(s):  
Status Quo ◽  
Issue Voting ◽  
The Status

Theatricalizing the National Housing Crisis in Mike Bartlett’s Game and Philip Ridley’s Radiant Vermin

2018 ◽  
Vol 6 (1) ◽  
pp. 55-68
Author(s):  
William C. Boles
Keyword(s):  
Great Britain ◽  
Great Recession ◽  
Status Quo ◽  
Housing Crisis ◽  
National Crisis ◽  
The Great Recession ◽  
The Status ◽  
Verbatim Theatre ◽  
Great Game

AbstractSince the start of the new millennia, the words ‘national crisis’ have not been far removed from many of the plays on the British stage. The aftermath of 9/11 and the British government’s decision to aid George Bush’s Middle East invasion plans sparked plays by David Hare, Roy Williams, and the Tricycle Theatre’s The Great Game as well as verbatim theatre pieces. The Great Recession unleashed works by David Hare (again), Laura Wade, and Lucy Prebble, among others. The increasing threats of floods across Great Britain and Europe placed the crisis of climate change front and centre in plays by Mike Bartlett and Steve Waters. The housing crisis, while not as provocative a theatrical topic as the ones above, has also inspired theatrical responses, including Mike Bartlett’s Game and Philip Ridley’s Radiant Vermin, and these two works are the focus of my paper. More specifically, I will examine each playwright’s focus on the role of the homeless in regards to the housing crisis. Interestingly, both playwrights posit that the victimization of the homeless is the crucial solution to not only solving the housing crisis in Britain, but also maintaining the status quo of Britain’s affluent population.

Intellectual Composition of Arbitral Tribunals According to the New Saudi Arbitration Law

2019 ◽  
Vol 33 (1) ◽  
pp. 99-108
Author(s):  
Reyadh Mohamed Seyadi
Keyword(s):  
Saudi Arabia ◽  
Significant Feature ◽  
Arbitral Tribunal ◽  
Legal Tradition ◽  
Kingdom Of Saudi Arabia ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
National Courts ◽  
Model Law ◽  
Law Degree

Abstract One significant feature of arbitration that distinguishes it from litigation in national courts, is the parties’ freedom to select the arbitrator or members of the arbitral tribunal familiar with the kind of dispute that might arise or already has arisen. In 2012, a new arbitration law was issued in the Kingdom of Saudi Arabia (KSA) inspired by the texts of the Model Law on International Commercial Arbitration. In all its provisions it included the requirement not to violate Sharīʿah law (Islamic legal tradition). However, according to this law, the sole arbitrator or presiding arbitrator must hold a Bachelor of Laws (LLB) or Sharīʿah law degree. This provision is mandatory, and the parties cannot agree otherwise. This article seeks to provide some thoughts on this restriction through an analysis of arbitrator qualifications under Sharīʿah law in order to provide a better understanding of the position adopted by the KSA Arbitration Law.

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