Part I Overview of Emergency Arbitration, 1 The Principles of Emergency Arbitration

2021 ◽  
Author(s):  
Sim Cameron
Keyword(s):  
National Court ◽  
Arbitral Tribunal ◽  
The Third

This chapter discusses the rationale for emergency arbitration, and the fifteen core principles that are identifiable from the convergence of emergency arbitration rules. The rationale for emergency arbitration is best understood by illustrating the dilemmas which may be faced if the procedure is unavailable and a party requires urgent relief prior to the constitution of the arbitral tribunal. In the absence of emergency arbitration, a party required to resolve a dispute by arbitration and that is in need of urgent relief typically has three options to obtain it. The first option is to request the urgent measures from a national court. The second option is to commence arbitration and, subject to the parties' agreement, applicable laws, and arbitration rules, apply for the urgent measures once the tribunal is in place. The third option is to utilise other procedures, if available, to obtain urgent relief.

Part II The Beginning of an Emergency Arbitration, 3 The Commencement of Emergency Arbitration

2021 ◽  
Author(s):  
Sim Cameron
Keyword(s):  
National Court ◽  
Emergency Relief ◽  
The Third ◽  
The Impact

This chapter details the process for commencement of emergency arbitration. Prior to the commencement of emergency arbitration, an analysis should be conducted on three issues: the applicability of emergency arbitration rules; the jurisdiction of the emergency arbitrator; and the admissibility of the prospective claim for emergency relief. If the answer to any of these three issues is in the negative, then emergency arbitration is not an option. If, however, the answer to all three of these issues is in the affirmative, then the forum of emergency arbitration is available for the applicant to seek urgent relief. There are then four further matters which require consideration. The first matter concerns the commencement of arbitration on the merits of the applicant's underlying substantive claims. The second matter concerns the appropriateness of emergency arbitration versus an application before a national court of competent jurisdiction. The third matter concerns the impact on settlement prospects. Finally, the fourth matter concerns filing requirements and costs. Consideration of these four matters may tip the balance either in favour of or against emergency arbitration, or an application for urgent relief before a court of competent jurisdiction.

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.

4 Establishment and Organisation of an Arbitral Tribunal

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
National Court ◽  
Trade Association ◽  
Arbitral Tribunal ◽  
Arbitration Process ◽  
Judicial Proceedings ◽  
Professional Institution ◽  
The Creation ◽  
The Right

This chapter describes the creation of the arbitral tribunal, the step in the arbitration process that follows the decision to start arbitration. Choosing the right arbitral tribunal is critical to the success of the arbitral process. It is a choice that impacts not only on the parties to the particular dispute, but also on the reputation and standing of the process itself. It is, above all, the quality of the arbitral tribunal that makes or breaks the arbitration, and it is one of the unique factors distinguishing arbitration from national judicial proceedings. There are several different methods of appointing an arbitral tribunal, of which the chapter enumerates and discusses the six most usual: by agreement of the parties; by means of the list system; by the co-arbitrators appointing a presiding arbitrator; by a professional institution or a trade association, such as the ICC; and by a national court.

6 Applications for Provisional Measures

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
The Other ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
The Third ◽  
United Nations Convention ◽  
The Law ◽  
The One

This chapter assesses applications for provisional measures of protection under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). At the Third UN Conference on the Law of the Sea, the need for courts or tribunals having jurisdiction under UNCLOS to have the power to prescribe provisional measures was beyond dispute although there was considerable debate concerning the details of the regime associated with such measures. The finally adopted Article 290 of UNCLOS, under the heading ‘Provisional measures’, represents the best possible compromise. Provisional measures are divided into provisional measures prescribed by the International Tribunal for the Law of the Sea (ITLOS) under Article 290(1) pending ITLOS’ judgment on the merits of the dispute, on the one hand, and provisional measures prescribed by ITLOS under Article 290(5) pending the constitution of an arbitral tribunal to which a dispute is being submitted, on the other hand. The request for the prescription of provisional measures shall be in writing and specify the measures requested, the reasons therefor, and the possible consequences, if the request is not granted, for the preservation of the respective rights of the parties or for the prevention of serious harm to the marine environment.

scholarly journals España ante el arbitraje internacional por los recortes a las energías renovables: una representación en tres actos, por ahora = Spain before the international arbitration for the cut to renewable energies: a representation in three acts, for now

2017 ◽  
Vol 9 (2) ◽  
pp. 666 ◽  
Author(s):  
Enrique Fernández Masiá
Keyword(s):  
Solar Power ◽  
Renewable Energies ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Power Sector ◽  
The Third ◽  
Investment Arbitration ◽  
Fair And Equitable Treatment ◽  
Equitable Treatment ◽  
Legislative Measures

Resumen: El 4 de mayo de 2017 se hizo público el tercer laudo en relación con la saga de arbitrajes contra España por las medidas en el ámbito energético. Después de dos victorias de España, el tercer laudo en el caso Eiser, ha sido el primero donde el tribunal arbitral ha concedido una indemnización a los demandantes en relación con las medidas aplicadas que suponen un recorte de los incentivos y beneficios ofrecidos para promover la inversión en el sector de energía solar fotovoltaica. La interpretación del tratamiento justo y equitativo en estos casos y, especialmente en el caso Eiser, puede tener un gran impacto en los arbitrajes que todavía están pendientes contra España por las mismas medidas.Palabras clave: arbitraje de inversiones, energías renovables, medidas legislativas, expropiación indirecta, tratamiento justo y equitativo.Abstract: On May 4, 2017 the third final award on the Spanish energy arbitration saga was unveiled. After two wins for Spain, the recent award in Eiser case has been the first where the arbitral tribunal has granted damages for the claimants, in relation to the measures applied to cut the incentives and benefits offered to promote investment in the photovoltaic solar power sector. The intepretation of the fair and equitable treatment in these cases, specially in the Eiser case, can have a great impact in the remaining arbitrations against Spain for the same measures.Keywords: investment arbitration, renewable energies, legislative measures, indirect expropriation, fair and equitable treatment.

Part V The End of an Emergency Arbitration, 9 The Emergency Arbitrator’s Decision

2021 ◽  
Author(s):  
Sim Cameron
Keyword(s):  
National Court ◽  
Arbitral Tribunal ◽  
The Core ◽  
Formal Requirements

This chapter describes the emergency arbitrator's decision, which may take the form of an order or award. The challenge for the emergency arbitrator is to produce a principled and coherent decision within the prescribed timeframes, and to ensure this complies with formal requirements set out in the applicable rules. The core obligation as regards the emergency arbitrator's decision is that the emergency arbitrator should ensure that the emergency arbitration decision is valid. The majority of Emergency Arbitration Rules expressly recognise that the decision of the emergency arbitrator binds the parties when it is rendered. However, the emergency arbitrator and the arbitral tribunal are empowered to revisit that decision. Following the emergency arbitrator's decision, a party has three options to challenge it: before the emergency arbitrator; before the arbitral tribunal; or in enforcement proceedings before a national court. The chapter also considers the provisions concerning the automatic expiration of emergency arbitrator decisions, as well as the determination and allocation of the costs of the proceedings.

Dispute Settlement under the UN Convention on the Law of the Sea: Survey for 2006

2007 ◽  
Vol 22 (4) ◽  
pp. 463-483 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
European Court Of Justice ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
The Third ◽  
Court Of Justice ◽  
European Court ◽  
Maritime Boundary ◽  
Boundary Case ◽  
The Law

AbstractThis is the third of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea. The main developments during 2006 were the award of the arbitral tribunal in the Barbados/Trinidad and Tobago Maritime Boundary Case and the judgment of the European Court of Justice relating to the MOX Plant case. No new cases were brought during the year.

Part I General Concepts, 2 The Three Models of the Concept of State Immunity

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
International Law ◽  
National Court ◽  
The Third ◽  
National Courts ◽  
State Immunity ◽  
Foreign State ◽  
The Absolute

This chapter analyses the evolution and reformulation of international law principles of equality and independence and the consequent change in the extent of State immunity as a plea barring the bringing of proceedings against a foreign State in national courts via three models. The First Model, the absolute doctrine, is concerned with the immunity from proceedings in national courts by reason of the independent status of the foreign State; the Second Model, the restrictive doctrine, traces the limitation of immunity to the State's exercise of public powers as contrasted with its engagement in private relations; and the Third Model, immunity as a procedural exclusionary plea, looks at the recasting of immunity as a procedural exclusionary plea in the presentation of a claim against a foreign State in a national court.

Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. V. Turkmenistan: Procedural Order No. 3 (ICSID)

2016 ◽  
Vol 55 (1) ◽  
pp. 92-97 ◽  
Author(s):  
Diane A. Desierto
Keyword(s):  
Third Party ◽  
Arbitral Tribunal ◽  
The Third ◽  
The Third Party ◽  
Party Funding

On June 12, 2015, the Arbitral Tribunal in Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan, composed of Professor Julian D.M. Lew (President), Professor Laurence Boisson de Chazournes (Arbitrator), and Professor Bernard Hanotiau (President), issued its Procedural Order No. 3, ordering claimants to confirmwhether its claims in this arbitration are being funded by a third-party funder, and if so, shall, advise Respondent and the Tribunal of the name or names and details of the third-party funder(s), and the nature of the arrangements concluded with the third-party funder(s), including whether and to what extent it/they will share in any successes that Claimants may achieve in this arbitration.This is the first publicly available written order issued by an arbitral tribunal constituted under the rules of the International Centre for Settlement of Investment Disputes (ICSID) that compels claimants to disclose information about any third-party funding arrangements.

scholarly journals The Third-Party Funding in Arbitration: A Challenge in Times of Crisis

2021 ◽  
Vol 4 (2) ◽  
pp. 1
Author(s):  
Maria João Mimoso ◽  
Joana Lourenço Pinto
Keyword(s):  
Ethical Issues ◽  
State Of The Art ◽  
The State ◽  
Third Party ◽  
Technical Knowledge ◽  
Arbitral Tribunal ◽  
The Third ◽  
Contractual Relationship ◽  
Party Funding ◽  
Financial Result

Arbitration as a way of resolving disputes between companies is essentially linked to the advantages of arbitration, especially with the speed and neutrality of arbitration, as well as the confidentiality, the possibility of choosing arbitrators with precise technical knowledge in the area of litigation, among others. The parties choose arbitration as a means of resolving disputes, relating to interests of an equity nature, bearing in mind that for some legislators the emphasis is on the availability of rights, arising from the contractual relationship that unites them. The payment of costs is a sine qua non condition for the constitution of the arbitral tribunal. The parties must proceed with the payment of taxes and fees, respectively to the arbitration center they have chosen and the arbitrators they have chosen. Considering that the economic situation of the companies may fluctuate, either during the execution of the main contract, or when the dispute arises, the constitution of the arbitral tribunal and during the procedural iter, the possibility of financing the arbitration was outlined. Third-Party Funding is a figure that involves a third-party, unrelated to the litigation, who will defray the expenses due by one of the parties to the arbitration. It will have as a counterpart the participation in the eventual financial result achieved through the success of the arbitration. As a methodology, in addition to analyzing the state of the art, we will indicate real cases and the reasons for the growth of this instrument, without forgetting the ethical issues involved.

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