Topicalities In International Commercial Arbitration - International conference organised by the State Chancellery of the Republic of Latvia, Riga (Latvia) - 4-5 September 2006.

2006 ◽  
Vol 11 (2) ◽  
pp. 359-360
Keyword(s):  
The State ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
International Conference ◽  
The Republic

Notes: To stay or not to stay? Admiralty proceedings after the International Arbitration Act 15 of 2017: Atakas Ticaret Ve Nakliyat AS v Glencore International AG

2021 ◽  
Vol 138 (1) ◽  
pp. 40-57
Author(s):  
Dusty-Lee Donnelly ◽  
Seshni Govindasamy
Keyword(s):  
Case Note ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
High Court ◽  
International Commercial Arbitration ◽  
The Republic ◽  
Model Law

The decision in Atakas Ticaret Ve Nakliyat AS v Glencore International AG 2019 (5) SA 379 (SCA) made important remarks to the effect that the discretion to effect a joinder to admiralty proceedings under s 5(1) of the Admiralty Jurisdiction Regulation Act 105 of 1983, and the discretion to refuse a stay of proceedings under s 7(1)(b) of the Act, are ‘untouched’ by art 8 of the UNCITRAL Model Law on International Arbitration that is incorporated under the International Arbitration Act 15 of 2017. The court reached this decision on the basis that, in terms of art 1(5), the Model Law does not affect other laws of the Republic under which matters may not be referred to arbitration, or may only be so referred subject to conditions. This case note analyses the nature and extent of the court’s discretion under art 8(1) of the Model Law, the argument for an implied repeal of s 7(1)(b) of the Admiralty Jurisdiction Regulation Act, the interpretation of art 1(5) of the Model Law, and the questions left unanswered by the judgment. It argues that although the Model Law does not automatically oust the jurisdiction of the high court exercising admiralty jurisdiction to hear a maritime claim, the court only retains a narrow discretion to refuse a stay of those proceedings when an international commercial arbitration agreement exists in respect of the dispute.

scholarly journals The Genesis of Arbitration Laws and International Commercial Arbitration

1970 ◽  
pp. 390-397
Author(s):  
Andriy Fedchyshyn
Keyword(s):  
Civil Society ◽  
The State ◽  
International Standards ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Western Democracy ◽  
Role Of The State ◽  
Special Knowledge ◽  
Degree Of Participation ◽  
First Time

The article presents the historical development of arbitration law and international commercial arbitration. Arbitration, as one of the oldest institutes of alternative litigation, has repeatedly undergone fundamental changes regarding the procedure for its appointment, forms of exercise and the very subjects of litigation. The study of the periods of historical and legal formation of arbitration and arbitration courts in the territory of modern Ukraine made it possible to identify the basic prerequisites for the creation of such institutions, to determine the role of the state and the degree of participation of civil society in this long process. The peculiarities of expert support at each of the periods of historical and legal formation of arbitration and arbitration courts in the territory of modern Ukraine are indicated. The formation of arbitral tribunals, as a form of resolution of legal conflicts, to some extent prevented the strengthening of centralized power, in particular the judiciary, the state could not coexist with a strong private jurisdiction that competed with the state judicial system. The establishment of arbitral tribunals in the territory of modern Ukraine, as a modern toolkit for the implementation of alternative forms of justice, is a consequence of the long historical and legal development of the state and society, which was in some way influenced by a set of factors such as: the over-formalization of the judiciary (which often prevented the imposition of ); Western democracy (which accelerated the government's desire to reform and legislate democratic foundations); and certainly the ongoing development of civil society. With the adoption of the Law of Ukraine “On Arbitration Courts” by the Verkhovna Rada of Ukraine on May 11, 2004, for the purpose of the correct resolution of the dispute, the procedure for conducting expert examination was clarified for the first time to clarify issues requiring the use of special knowledge by an arbitral tribunal as an institution, as an appropriate non-state independent body. . The use of alternative ways of resolving disputes is increasingly controversial in modern legal science. However, Ukraine's legal field allows alternative institutions to operate in accordance with international standards. The approaches to proving and assigning expertise in international arbitration practice vary, depending on the legal culture.

scholarly journals “National Intervention” in International Commercial Arbitration

2019 ◽  
Vol 19 (1) ◽  
pp. 81-107
Author(s):  
Carlos A. Esplugues
Keyword(s):  
International Trade ◽  
The State ◽  
International Standards ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
State Practice

The use of international arbitration increased over the years as a result of growth in international trade. How the State intervenes in the process concerning the appointment of arbitrators, provisional measures and evidence, and in the enforcement of the judgment after arbitration, is analysed. This State practice is however, difficult to change since international arbitration operates in a structure based on differing national terms, and not on uniform international standards.

International commercial arbitration in Uzbekistan: current state and development prospects

2020 ◽  
Vol 3 (12) ◽  
pp. 47-49
Author(s):  
Ziyoda Boratova
Keyword(s):  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Legal Proceedings ◽  
Current State ◽  
History Of ◽  
Recognition And Enforcement ◽  
The Law ◽  
The Republic ◽  
Development Prospects ◽  
Commercial Disputes

This article is devoted to a number of issues relating to the functioning of international commercial arbitration as a non-State mechanism for the settlement of international commercial disputes in the Republic of Uzbekistan. In article also found a brief introduction on the history of arbitration in Uzbekistan since its independence. Special attention is paid to the rules introduced since the entry into force of the Law of the Republic of Uzbekistan “On international commercial arbitration”. Moreover, the author highlights some problematic issues and inconsistencies that exist in the legislation on legal proceedings in arbitration courts. The author also addresses several issues regarding the recognition and enforcement of arbitral awards.

scholarly journals Remarks by Eduardo Silva Romero

2018 ◽  
Vol 112 ◽  
pp. 244-248
Author(s):  
Eduardo Silva Romero
Keyword(s):  
The State ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The Icj

Starting with the state-to-state disputes, my impression is that international commercial arbitration has very little influence on them, if not nil. That is the case for, I believe, two reasons. The first reason is that the arbitrators dealing with state-to-state disputes and state-to-state arbitrations are usually, if not always, public international lawyers, and, further, they are often former judges of the ICJ, with the result that the rules and practices of the ICJ are more present in those arbitrations than those coming from international commercial arbitration. The second reason is that not many, if any, international commercial arbitrators intervene in those disputes. There may, in the end, be some procedural similarities between state-to-state arbitration and international commercial arbitration, due to the fact that both are “arbitration,” but that would be it.

State’s Arbitration Proceedings Participation: Theoretical and Practical Aspect

2020 ◽  
pp. 31-36
Keyword(s):  
Public Law ◽  
Practical Aspect ◽  
The State ◽  
Broad Sense ◽  
State Courts ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
State Participation ◽  
The Russian Federation ◽  
Special Competence

In modern conditions, interest to public law participants in transnational contracts to appeal to arbitration, which, in turn, is determined by a very significant share of the Russian Federation in its economy attaches importance of the perspective of the study of international commercial arbitration, oriented towards the participation of the state in the broad sense, proposed in the article. The article deals with the main aspects of state participation (in a broad sense) in arbitration of legal disputes, such as interaction models between state courts and arbitration tribunals; disputes arbitrability involving the state; special competence as a basis for participation of subjects vested with authority in the arbitration agreements conclusion; problems of correlation between the confidentiality of arbitration proceedings principle and the possibility of civil society to obtain information on disputes in international commercial arbitration with the state participation; the tendency of contractualizing Russian and foreign jurisdictions’ civil procedure in disputes involving public elements.

Part II The Doctrine of Res Judicata in International Commercial Arbitration, 6 Transnational Res Judicata Principles for International Commercial Arbitral Tribunals

2016 ◽  
Author(s):  
Schaffstein Silja
Keyword(s):  
The State ◽  
Judicial System ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Transnational Law ◽  
Res Judicata ◽  
The Law

This chapter explains principles of the res judicata doctrine for international commercial arbitral tribunals based on transnational law. There are two main values that transnational litigation upholds in determining the scope of the preclusive effects of a prior judgment in one country and the subsequent proceedings in another country. First, a judgment must be accepted in the recognising state with the original effects it would have in the state in which it was first rendered. Thus, the law of the country, where the first judgment was rendered, will determine the judgment’s preclusive effects in the subsequent proceedings. Second, the application of the law of the rendering state should preserve the integrity of the rendering state’s judicial system and that state’s resources.

One Window into the State of Insiders’ Arbitration Scholarship

2018 ◽  
pp. 155-164
Author(s):  
Bryant G. Garth
Keyword(s):  
The State ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Multiple Functions ◽  
International Commercial Arbitration

Abstract This book, dedicated to Charles N. Brower, a prominent international arbitrator, provides a window into the field of international commercial arbitration. It is a depiction and embodiment of the state of what can be called ‘insiders’ international arbitration. It purports to be about ‘practicing virtue,’ providing keys to the actual work of international arbitrators as depicted by an important segment of them. But the scholarship of arbitrators performs multiple functions, including self-promotion, criticism of competitors from outside, unification of the field, and bolstering the legitimacy of the field, among others. The book is therefore not only about the practice of virtue as this community sees it. It is also about ‘dealing in virtue’ – seeking to maintain the market for precisely what this group has to offer.

Sign in / Sign up

Export Citation Format

Share Document