Part I Overview of Emergency Arbitration, 2 The Foundations of Emergency Arbitration

2021 ◽  
Author(s):  
Sim Cameron
Keyword(s):  
Dispute Resolution ◽  
Rapid Rise ◽  
International Division ◽  
International Arbitration ◽  
Interim Measures

This chapter traces the foundations of emergency arbitration, from the historic opposition to, and subsequent rapid rise of, interim measures in international arbitration, of which emergency arbitration represents the pinnacle. The concept of emergency arbitration first appeared in the rules of the American Arbitration Association (AAA), and then the International Centre for Dispute Resolution (ICDR), which is the international division of the AAA. The ICDR set ambitious standards, providing for the appointment of an emergency arbitrator within one business day of receipt of the application, and for the establishment of a procedural timetable within two business days of that appointment, but otherwise not prescribing any timeframe within which the emergency arbitrator's decision must be issued. As it transpired, the ICDR Rules (2006) not only set the emergency arbitration scene, but they also clearly defined the landscape. Statistics illustrate that emergency arbitration has filled a void in international arbitration, and that it is becoming increasingly popular.

A Guide to the ICDR International Arbitration Rules

2019 ◽  
Author(s):  
Gusy Martin F ◽  
Hosking James M
Keyword(s):  
Life Cycle ◽  
Dispute Resolution ◽  
Comparative Perspective ◽  
International Division ◽  
International Arbitration ◽  
Thematic Structure ◽  
Key Issues ◽  
Information Practice ◽  
Fee Schedule ◽  
The Relationship

The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA). Given that in excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for a comprehensive comparative guide devoted to them. This second edition is fully revised and updated throughout to reflect all changes and updates to the Rules since the first edition published. The ICDR International Arbitration Rules are structured in accordance with the typical life cycle of an international arbitration and the book follows this thematic structure, providing cross-referencing to assist the reader in understanding the relationship between the various rules and genuine issues likely to be encountered during an arbitration. The commentary embraces each of the Articles in their entirety, as well as the Expedited Procedure Articles, and includes discussion of how each provision compares to analogous rules of other major arbitral institutions. The book’s comparative perspective emphasizes key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. This second edition features multiple appendices and difficult-to-find resources to form a collection of core materials which include the ICDR Rules, the administrative fee schedule, guidelines for exchanges of information, practice notes, and key AAA cooperation agreements with other institutions.

KEWENANGAN PENGADILAN DALAM PEMBATALAN PUTUSAN ARBITRASE INTERNASIONAL DI INDONESIA

2017 ◽  
Vol 5 (2) ◽  
pp. 26
Author(s):  
Yuanita Permatasari ◽  
Pranoto ,
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
District Court ◽  
International Arbitration ◽  
Legal Research ◽  
Recognition And Enforcement ◽  
Materials Used ◽  
Legal Substances ◽  
Arbitration Award

<p>Abstract<br />This article aims to find out the recognition and enforcement of international arbitration award in Indonesia, as well as the authority of the courts in annulment the international arbitration award in Indonesia. This research is a normative and prescriptive legal research. The type and source of materials used is the source of secondary legal material. The legal substances used in this study are of two kinds, namely primary legal materials and secondary legal materials. The method of collecting legal materials in this study is obtained through assessment of existing libraries, books, law journals, and court awards. Based on the result of the discussion, it can be concluded: Firstly, the international arbitration award can be recognized and enforced if the award is registered and obtain an execution from the Central Jakarta District Court. International arbitration rulings can only be recognized and enforced if they full fil the conditions in Article 66 of Arbitration and Alternative Dispute Resolution law. Second, the international arbitration award is final and binding. However, in reality many international arbitration awards are requested for annulment to the Court in Indonesia.</p><p>Keywords: international arbitration award, annulment of international arbitration award, enforcement of international arbitration award</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui pengakuan dan pelaksanaan putusan arbitrase internasional di Indonesia, serta kewenangan pengadilan dalam membatalkan putusan arbitrase internasional di Indonesia. Metode penelitian yang digunakan adalah penelitian hukum normatif bersifat preskriptif. Pendekatan yang digunakan penulis adalah pendekatan kasus. Sumber bahan hukum yang digunakan adalah bahan hukum primer dan bahan hukum sekunder, dengan teknik analisis bahan hukum menggunakan metode silogisme dan interpretasi dengan menggunakan pola berpikir deduktif. Berdasarkan hasil pembahasan dapat disimpulkan: Pertama, agar putusan arbitrase internasional dapat diakui dan dilaksanakan, maka putusan tersebut harus terlebih dahulu didaftarkan dan memperoleh exequatur dari Pengadilan Negeri Jakarta Pusat. Putusan arbitrase internasional hanya dapat diakui dan dilaksanakan apabila memenuhi syarat-syarat yang ditentukan dalam Pasal 66 Undang-Undang Nomor. 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa. Kedua, putusan arbitrase internasional bersifat final and binding. Sehingga, putusan arbitrase internasional tidak dapat diajukan upaya pembatalan putusan arbitrase. Namun, dalam realitanya banyak putusan arbitrase internasional yang dimintakan pembatalannya kepada Pengadilan di Indonesia.</p><p>Kata Kunci: putusan arbitrase internasional, pembatalan putusan arbitrase internasional, pelaksanaan putusan arbitrase internasional</p>

Evolution of Arbitration System under the China FTZ Template

2018 ◽  
Vol 01 (03) ◽  
pp. 1850018
Author(s):  
Liu Huichun
Keyword(s):  
Free Trade ◽  
Ad Hoc ◽  
Third Parties ◽  
International Arbitration ◽  
Republic Of China ◽  
Free Trade Zones ◽  
Judicial Practice ◽  
New Concepts ◽  
Interim Measures ◽  
Made In

The construction of China’s free trade zones (FTZs) has levered the evolution of the arbitration regime in the People’s Republic of China (PRC). Under the FTZ template, breakthroughs in arbitration have been made in regulations, FTZ arbitration rules, arbitral proceedings and judicial practice. The development of FTZ arbitration mechanism is highlighted with the introduction of new concepts, such as ad hoc arbitration consolidation of arbitration joinder of third parties and model cases, and with the updated or expanded interpretation of the existing concepts, such as permission for the offshore arbitration for WFOEs and FIEs interim measures arbitration in combination with mediation, and the open panel of arbitrators. Regardless of the progress, many issues related to the FTZ arbitration need to be clarified, among which is the amendment of the PRC Arbitration Law and keeping it in line with the mainstream international arbitration, constitute probably the most effective way to promote and guarantee the arbitration evolution.

scholarly journals Proper characterisation of the parol evidence rule and its applicability in international arbitration

2021 ◽  
Author(s):  
Darius Chan ◽  
Louis Lau Yi Hang
Keyword(s):  
Dispute Resolution ◽  
Common Law ◽  
International Arbitration ◽  
Institutional Rules ◽  
Procedural Rule ◽  
Rules Of Evidence

Abstract Most arbitral statutes and institutional rules give great latitude to tribunals on the admissibility of evidence, and do not mandate application of domestic rules of evidence. In common law jurisdictions where the parol evidence rule applies, the issue that arises is whether the parol evidence rule is necessarily a procedural rule of evidence which tribunals are not bound to apply, especially in jurisdictions which have codified the rule under domestic evidence legislation. Notwithstanding any codification, this article argues that the parol evidence rule at common law is a substantive rule of contractual interpretation that should be applied as part of the lex contractus in international arbitration proceedings. Faithful application of the parol evidence rule as a substantive rule of contractual interpretation ensures that adjudicators arrive at the same interpretation on the same set of facts, thereby promoting uniformity, predictability, and consistency, regardless of the mode of dispute resolution.

Emergency Arbitrator: Indian Prospects

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Dr. Ashish Kumar Srivastava
Keyword(s):  
Dispute Resolution ◽  
Third Parties ◽  
Real Problem ◽  
Anglo Saxon ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
National Courts ◽  
High Courts ◽  
Interim Measures ◽  
Indian Perspective

International commercial arbitration is one of the most favourite mode of dispute resolution in world for resolving commercial disputes. Speed and cost are two important features what makes arbitrationa sought-after mode for dispute resolution because in conventional dispute resolution by courts ‘Remedy becomes worse than malady’ due to delay and cost. Legalism and authoritative courts in Anglo Saxon societies make the justice dilatory and expensive which is termed analogically as a disease of ‘Adversariasis’. Judicial minimalism is encouraged by entrepreneurs and business class of world which results in enhanced thrust on international commercial arbitration. In any arbitration interim measures are sine quo non. The irreparable loss and balance of convenience demands intervention by authoritative body to order and issue processes which can binds parties and third parties. In such cases unless interim measures are sought by municipal national courts no effective and binding interim remedies can be granted to the parties and third parties. The arbitrator once appointed is competent enough to grant interim measures and it can also decide about its jurisdiction based on doctrine of Kompetenz-Kompetenz. However, if before the appointment of arbitrator, the need of urgent interim measures arises then obviously parties have to go to the municipal national courts but this judicial intervention is not the intent of parties as they are seeking judicial minimalism. In such situations the urgent interim measures can be granted by emergency arbitrator. The Arbitration and Conciliation Act, 1996 is silent about emergency arbitrator but Delhi and Bombay High Courts have given some pragmatic judgments, making the provision of emergency arbitrator, a reality. The real problem in emergency arbitrator is how one can grant interim relief even without being in existence i.e. when arbitrator itself is non est. ICC, SIAC and LCIA provide for emergency arbitrator. In this paper the author has tried to make an analytical and comparative overview of emergency arbitrator in Indian Perspective.

Arbitration from a Law & Economics Perspective

2020 ◽  
pp. 873-894
Author(s):  
Anne van Aaken ◽  
Tomer Broude
Keyword(s):  
Dispute Resolution ◽  
Cognitive Abilities ◽  
Supply And Demand ◽  
The Other ◽  
Third Party ◽  
International Arbitration ◽  
General Welfare ◽  
Welfare Consequences ◽  
Party Funding

This chapter offers a Law & Economics (L&E) perspective on international arbitration. L&E scholars tend to view dispute resolution as a market. They thus look at the supply and demand of such third-party adjudication, usually comparing litigation to arbitration. Predominantly, in the literature, there are two interrelated L&E perspectives on this: one is focused on the general welfare consequences of arbitration; the other is focused on why disputants choose one kind of third-party settlement over another. There are many ways of resolving disputes between contractual parties: arbitration is also in competition with mediation, conciliation, litigation, and other forms of resolving disputes, including so-called ‘extra-legal’, socially normative ones. Most literature has focused either on the choice between litigation and arbitration or on the influence of arbitration on negotiation and settlement between the parties. The chapter then addresses other disputant choices relating to third-party funding and arbitrator appointment. It also looks at the incentives and behaviour of arbitrators, including their cognitive abilities.

International Arbitration as Private and Public Good

2020 ◽  
pp. 397-420
Author(s):  
Ralf Michaels
Keyword(s):  
Public Good ◽  
Dispute Resolution ◽  
Public Law ◽  
State Courts ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Investment Arbitration ◽  
Public Nature ◽  
Private And Public ◽  
Dispute Resolution Mechanism

This chapter addresses the private and public nature of international arbitration. International arbitration is often characterized as an exclusively private dispute resolution mechanism, sharply distinguished from litigation, which is viewed as public because it is provided by the state. This is clearest for commercial arbitration. Commercial arbitration is initiated on the basis of a private arrangement: a party cannot be subjected to arbitration unless they agreed to it previously. Investment arbitration is a little more difficult to categorize, given its emergence from public international law, its involvement of states as parties, and the frequency with which it deals with public law measures. Indeed, significant differences exist between commercial and investment arbitration. Nevertheless, it too is characterized as a private dispute resolution mechanism at least in the sense that it is resolved by institutions other than state courts. The chapter then evaluates whether arbitration is a private or public good. It also demonstrates the ways in which adjudication by courts combines elements of private and public goods, before finding a parallel combination of private and public good aspects in international arbitration.

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