Emphasizing Efficiency in the Digital Age

2021 ◽  
pp. 221-226
Author(s):  
Amy J. Schmitz
Keyword(s):  
South Carolina ◽  
Digital Age ◽  
Efficient Manner ◽  
Commercial Arbitration ◽  
The Law

Arbitration systems provided quick, private, and final determinations in an efficient manner that avoided “the strict course and tedious ceremonies of Law Suits.” Julius Henry Cohen spoke these words in his 1918 book, Commercial Arbitration and the Law. At that time, Cohen already saw the power of self-contained systems for resolving disputes. He saw how Quakers in Pennsylvania established a citizen arbitration system, while communities in Connecticut, Massachusetts, South Carolina, and Georgia developed arbitration mechanisms for certain private disputes, including neighbor trespass squabbles....

LEGAL SKETCH «THE SIGNIFICANCE OF THE LEGAL EXCUSES AND PROVERBS OF ANCIENT ROME AS A MEANS OF LEGAL PROPAGANDA ABOUT LEGAL KNOWLEDGE AND CULTURE»

2020 ◽  
Author(s):  
Alexander Kukharev ◽  
Alexander Rusu
Keyword(s):  
Digital Age ◽  
Legal Culture ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Knowledge ◽  
The Law ◽  
Law Making

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 59 Costa Rica: Costa Rican Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Chan Anayansy Rojas ◽  
París Mauricio
Keyword(s):  
Costa Rica ◽  
International Law ◽  
Costa Rican ◽  
Private International Law ◽  
International Treaties ◽  
Commercial Arbitration ◽  
The Hague ◽  
The Law ◽  
Local Courts ◽  
Article 5

This chapter assesses Costa Rican perspectives on the Hague Principles. Costa Rica does not have a systematic and codified system that regulates conflicts of law, usually known in Costa Rica as private international law (PIL). Instead, the main sources of PIL in Costa Rica are: (i) international treaties; (ii) the Civil Code, the Code of Civil Procedures, and other domestic laws; and (iii) the Law on International Commercial Arbitration. In general, Costa Rica’s private international law regime, applicable to international commercial contracts, allows for parties to select the law of their choice as long as it does not breach public policy or harm a third party’s interest. According to Article 5 of the Organizational Law of the Judiciary, courts cannot excuse themselves from exercising their authority or from ruling in matters of their competence for lack of a rule to apply and they must do so in accordance with the written and unwritten rules. Unwritten rules refer to the general principles of law, usages and practices, and case law, according to the hierarchical order of their legal sources. Such rules serve to interpret, integrate, and delimit the field of application of law. Therefore, the local courts have limited themselves to only apply domestic law and have consequently restrained themselves from applying the Hague Principles or other soft law instruments as a persuasive authority source.

9 The Enforcement of Arbitral Awards

2020 ◽  
Author(s):  
Oda Hiroshi
Keyword(s):  
Public Order ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Recognition And Enforcement ◽  
The Law ◽  
The Way

This concluding chapter explores the enforcement of arbitral awards. There are two primary laws relevant to the recognition and enforcement of arbitral awards of international commercial arbitration in Russia: the Law on International Commercial Arbitration of 1993 and the Code of Commercial Court Procedure of 2002. The former has the basic provision on the recognition and enforcement of awards and the grounds for refusal, while the latter provides for the procedural aspects of recognition and enforcement of arbitral awards. It is an established principle of international commercial arbitration that in deciding whether enforcement of awards is allowed or not, courts are not entitled to review the case on its merits. However, Russian judges are not always aware of this fundamental rule, or do not comply with it. The chapter then looks at the grounds for the refusal of recognition and enforcement of arbitral awards and the way Russian courts interpret these grounds. Particularly important is the understanding of public order by Russian courts. Finally, the practice of ‘Russian Torpedo’ is discussed.

2 The 2015 Reform of Arbitration

2020 ◽  
Author(s):  
Oda Hiroshi
Keyword(s):  
Russian Federation ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The Russian Federation ◽  
Institutional Aspects ◽  
The Law

This chapter discusses the 2015 Arbitral Reform. The arbitral reform, which started in 2011, culminated in two sets of laws adopted by Parliament and signed by the president on 25 December 2015. The package comprised the Law on Arbitration of the Russian Federation and the Law on the amendments to the Laws in relation to the adoption of the above law. The latter included amendments to the Law on Commercial Court Procedure and the Law on International Commercial Arbitration. On 27 December 2018, the Law on Arbitration was further amended. The power to grant license to perform functions of permanent arbitral institutions was shifted to the Ministry of Justice. One of the fundamental issues which were contested in the process of the reform was whether the existing regime of segregation of international and domestic arbitration should be abandoned altogether or should be maintained. With the strong opposition from experts of international commercial arbitration supported by the Codification Commission and the President’s Administration, the system of two separate laws, that is, the Law on Arbitration and the Law on International Commercial Arbitration, was maintained. However, organisational/institutional aspects of arbitration, including international arbitration, are now regulated by the Law on Arbitration.

General: George W. Ball: Diplomicy for a Crowded World. Bodley Head, London, 1976, x, 356p., £5.

1978 ◽  
Vol 34 (2) ◽  
pp. 210-256
Keyword(s):  
Developing Countries ◽  
Foreign Trade ◽  
Foreign Exchange ◽  
International Economics ◽  
Developing Nations ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Development Plans ◽  
The Law

GENERAL: GEORGE W. BALL : Diplomacy for a Crowded World. GENERAL: MORDEVHAI E. KVEININ : International Economics: A Policy Approach. GENERAL: A.E. KARMALI : International Commercial Arbitration. N.M. Tripathi GENERAL: A. E. KARMALI and N. R. KANTAWALA : International Contracts: The Law and Practice of International Contracts. GENERAL: STEPHEN A. MARGLIN : Value and Price in the Labour-Surplus Economy. GENERAL: S. K. VERGHESE : Foreign Exchange and Financing of Foreign Trade. GENERAL: B. MAXWELL STAMPER : Population and planning in Developing Nations: A Review of Sixty Development Plans for the 1970s. GENERAL: JOHN CONNELL and MICHAEL LIPTON : Assesssing Village Labour Situations in Developing Countries.

Part IV Guide to Key Substantive Issues, 19 The Law Applicable in Investment Treaty Arbitration

2018 ◽  
Author(s):  
Banifatemi Yas
Keyword(s):  
Specific Nature ◽  
Commercial Arbitration ◽  
Party Autonomy ◽  
Applicable Law ◽  
Investment Protection ◽  
Investment Treaty ◽  
Primary Rule ◽  
The Law ◽  
Investment Treaty Arbitration

Investment treaty arbitration, being an arbitral process, in no way differs from international commercial arbitration in that the principle of party autonomy is the primary rule governing the arbitration, including as regards the law applicable to the substance of the dispute. When the applicable law has been chosen by the parties, the arbitrators have a duty to apply such law and nothing but such law. It is only in the absence of a choice by the parties that the arbitrators are entitled to exercise a degree of discretion in the determination of the applicable law. This chapter examines each of these situations in turn, before considering whether the specific nature of investment protection treaties has implications in terms of choice of law process.

Born Again Lawyer: FATU as An Antidote to the ‘Positivist Blues’

2006 ◽  
Vol 7 (12) ◽  
pp. 1037-1043 ◽  
Author(s):  
Mario Prost
Keyword(s):  
Legal Theory ◽  
Commercial Arbitration ◽  
Library Users ◽  
The Law ◽  
Influential Book ◽  
Born Again ◽  
Law Library

For some time, there has been something paradoxical about Martti Koskenniemi's From Apology to Utopia (hereinafter FATU). FATU might very well have been the single most influential book of the last 15 years in the field of international legal theory. Virtually all of my colleagues have, at one point or another, engaged with it and used it to sustain their arguments in diverse areas of the law (including, amusingly enough, even in commercial arbitration). Yet, as is well known to most law library users, FATU has long been out of print, making it extremely difficult to find a copy, even more so when, as is periodically the case at my home university, the available copy goes missing. FATU, in other words, seemed to be everywhere, but nowhere to be found. The prophet had believers. His tables of the Law, however, seemed to have disappeared. The splendid republication of FATU comes as great news to all of us who have struggled to access, let alone to possess, this seminal book.

scholarly journals Commercial Arbitration and the Law

1919 ◽  
Vol 32 (5) ◽  
pp. 584
Author(s):  
Clarke B. Whittier ◽  
Julius Henry Cohen
Keyword(s):  
Commercial Arbitration ◽  
The Law

Die Panoramafreiheit im digitalen Zeitalter

2021 ◽  
Author(s):  
Enno ter Hazeborg
Keyword(s):  
Public Space ◽  
Digital Age ◽  
Single Market ◽  
The Internet ◽  
Media Industry ◽  
European Single Market ◽  
Copyright Laws ◽  
The Law

With the increasing digitalization of the European single market, the freedom of panorama as a limitation to copyright is becoming increasingly important for our society. While the law initially benefited primarily landscape and urban painters, nowadays it is photographers, film-makers, the entire media industry, but also people who share images of works in public space on the Internet who may increasingly come into conflict with copyright laws if a freedom of panorama is not harmonized throughout Europe and adapted tot he digital age.

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