Part III Investment Disputes and Political Risk, 8 Arbitration Procedure

2020 ◽  
Author(s):  
Rubins Noah ◽  
Papanastasiou Thomas-Nektarios ◽  
Kinsella N Stephan
Keyword(s):  
International Trade ◽  
United Nations ◽  
Selection Process ◽  
International Arbitration ◽  
Contractual Arrangements ◽  
Trade Law ◽  
International Trade Law ◽  
Arbitration Clause ◽  
The World ◽  
Arbitration Procedure

This chapter provides an overview of international arbitration procedure both under arbitration treaties and contractual arrangements, particularly under the auspices of the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) and arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). The chapter begins by describing the most prominent international arbitration rules. It then covers the pre-dispute drafting of an arbitration clause. Finally, it offers a guide through a “typical” arbitration, whether initiated pursuant to contract or treaty, from the lodging of a claim and the arbitrator selection process, through written and oral argument, to the issuance and challenge of awards.

20 Vienna

2014 ◽  
Author(s):  
Pitkowitz Nikolaus
Keyword(s):  
International Trade ◽  
United Nations ◽  
Supreme Court ◽  
International Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
History Of ◽  
Arbitral Proceedings ◽  
Model Law

This chapter evaluates the merits of Vienna as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Austria; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Austria is a United Nations Commission on International Trade Law (UNCITRAL) Model Law jurisdiction with a long and stable history of supporting arbitration. A wealth of decisions by the Austrian Supreme Court and a wealth of legal commentaries offer clear guidelines to the arbitration practitioner and only very few surprises. The Vienna Rules are one of the most streamlined of modern institutional arbitration rules that provide substantial flexibility for arbitral proceedings.

13 Paris

2014 ◽  
Author(s):  
Malinvaud Carole ◽  
Camboulive Christian
Keyword(s):  
International Trade ◽  
United Nations ◽  
Time Limit ◽  
International Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
Model Law ◽  
The Right ◽  
Commercial Disputes

This chapter evaluates the merits of Paris as a venue for international arbitration proceedings. It discusses the history and development of arbitration in France; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the new French arbitration regime, resulting from the January 13, 2011 reform, continues to distinguish French arbitration law from the United Nations Commission on International Trade Law (UNCITRAL) Model Law. This new regime confirms the longstanding supportive approach of France towards arbitration, as an appropriate and adapted mean to resolve international commercial disputes in particular. Yet on certain issues, such as the possibility of waiving the right to challenge awards or the computation of the time limit to introduce such challenges, the innovative provisions of the new French regime have yet to be tested in the courts.

Consolidating International Investment Law: The Mega-Regionals as a Pathway towards Multilateral Rules

2017 ◽  
Vol 17 (1) ◽  
pp. 33-63 ◽  
Author(s):  
TANIA VOON
Keyword(s):  
International Trade ◽  
United Nations ◽  
International Investment ◽  
International Investment Law ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Investment Law ◽  
The United Nations ◽  
Trade And Investment

AbstractPessimism abounds in international economic law. The World Trade Organization (WTO) faces an uncertain future following its Ministerial Conference in Nairobi in 2015. International investment law is under attack in countries around the world, while mega-regional agreements such as the Trans-Pacific Partnership and the Trans-Atlantic Trade and Investment Partnership are beset by world events, from the United States’ federal election to the unexpected Brexit outcome. Yet the appetite of numerous States to continue forging plurilateral trade and investment deals provides some cause for hope. Viewed alongside other institutional developments including consensus-building work at the United Nations Conference on Trade and Development and the United Nations Commission on International Trade Law, the potential arguably now exists for credible movement towards multilateral rules in investment law. While the WTO's current negotiating stalemate highlights the difficulties in reaching agreement among 164 Members, international trade law offers lessons for working towards multilateralism in the international investment law field. Alongside informal discussions about a world investment court, mega-regionals provide a vehicle for future multilateral investment rules, particularly through the Comprehensive Economic and Trade Agreement between Canada and the European Union, and the Regional Comprehensive Economic Partnership currently under negotiation in Asia.

scholarly journals Towards a Reformed Carriage of Goods by Sea Law: Indonesia and Global Practice

2020 ◽  
pp. 61-79
Author(s):  
Tetty Lubis
Keyword(s):  
International Trade ◽  
United Nations ◽  
Best Interests ◽  
Comparison Analysis ◽  
Trade Law ◽  
International Trade Law ◽  
Major Trading Partner ◽  
The World ◽  
Trading Partners ◽  
International Conventions

The UNCITRAL (United Nations Commission on International Trade Law) has adopted four international conventions to standardize laws governing the carriage of goods by sea. Hybrid versions of the four conventions have been largely applied by most maritime countries in the world, which leave a few countries to uphold their own versions, including Indonesia. Ten major trading partner countries with Indonesia have long established the implementation of provisions under the UNCITRAL conventions, while Indonesia still stays with 1898 codes, inherited from Dutch colonization. This paper examines the key provisions and shortcomings of UNCITRAL conventions and their global adoption. The discussion continues to individually evaluate and compare the legal practices of governing carriage goods by sea in Indonesia and its ten major country partners. The comparison analysis results in similar implementation of a hybrid version of the four UNCITRAL conventions adopted by the ten trading partners; which strongly encourages Indonesia to replace the 1898 commercial codes with current international practices that convey the best interests of Indonesia.

7 Germany

2014 ◽  
Author(s):  
Happ Richard
Keyword(s):  
International Trade ◽  
United Kingdom ◽  
United Nations ◽  
Legal Framework ◽  
International Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
The United Kingdom ◽  
Model Law

This chapter evaluates the merits of Germany as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Germany; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Germany offers a modern and effective legal framework for international arbitration. As in other popular arbitration jurisdictions, there are deviations from the United Nations Commission on International Trade Law (UNCITRAL) Model Law regarding the courts' control of and assistance in the proceedings that do not affect Germany' s general suitability as arbitration venue. Nevertheless, a German venue is not always on the shortlist of counsel and arbitral tribunals. One possible obstacle in the minds of foreign lawyers is that there is not a single German arbitration venue akin to London for the United Kingdom or Paris for France. Instead, there are at least six suitable venues in Germany. The ability to choose should not be seen as an obstacle, but rather as an advantage.

3 Cairo

2014 ◽  
Author(s):  
Hafez Karim
Keyword(s):  
International Trade ◽  
United Nations ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
The United Nations ◽  
Model Law

This chapter evaluates the merits of Cairo as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Egypt; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Cairo has become an attractive venue for international commercial arbitration since the promulgation of the Arbitration Act, inspired by the United Nations Commission on International Trade Law (UNCITRAL) Model Law. The Egyptian courts are generally favorable to arbitration. They exercise minimal control over awards in actions for setting aside. The desirability of Cairo as a venue for international arbitration is further enhanced by the existence and activities of the Cairo Centre, which administers proceedings at very competitive rates compared with other arbitral institutions, and regularly updates its rules to reflect best international arbitration practices. The Centre also offers all the facilities required in connection with modern arbitration proceedings.

scholarly journals Model UU Arbitrase Dagang Internasional dari PBB

2017 ◽  
Vol 16 (6) ◽  
pp. 605
Author(s):  
S. Gautama
Keyword(s):  
International Trade ◽  
United Nations ◽  
Trade Law ◽  
International Trade Law

UNCITRAL (United Nations Commission on International Trade Law), Panitia PBB tentang Hukum Dagang Internasional, pada tanggal 21 Juni 1985 telah menerima suatu Model Undang-undang tentang hukum Arbitrase Dagang lnternasional. Karya dari UNCITRAL ini dipandang sebagaipelengkap daripada UNCITRAL Arbitration Rules (Kaidah-kaidah Arbitrase dari UNCITRAL) dan UNCITRAL Conciliation Rules.

scholarly journals Beberapa Catatan tentang Arbitrase Dagang Internasional dari PBB

2017 ◽  
Vol 18 (4) ◽  
pp. 321
Author(s):  
Sudargo Gautama
Keyword(s):  
International Trade ◽  
United Nations ◽  
Trade Law ◽  
International Trade Law

Seperti diketahui UNCITRAL (United Nations Commission on international Trade Law) telah mempersiapkan suatu Model Undang2 tentang Arbitrase Dagang lnternasional yang diterima pada sidangnya. di Wina bulan Juni 1985 dan kemudian dikuatkan dengan resolusi dari Sidang Umum PBB pada tanggal 11 Desember 1985.

Sign in / Sign up

Export Citation Format

Share Document