Promoting International Relations through Commercial Arbitration Law: the International Context and the New Framework for International Arbitration in Bangladesh

2006 ◽  
Vol 10 (1) ◽  
pp. 147-176
Author(s):  
Rakiba Nabi
Keyword(s):  
International Relations ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Context ◽  
New Framework

New International Factors of Twenty First Century

2019 ◽  
Vol 3 (11) ◽  
pp. 106
Author(s):  
Saif Nasrat Tawfiq Al - Haramazi
Keyword(s):  
International Relations ◽  
International Organizations ◽  
Digital Technology ◽  
Ease Of Use ◽  
First Century ◽  
International Context ◽  
New Concepts ◽  
Important Input ◽  
Twenty First Century ◽  
International Interaction

There are many non-traditional additions to the influential works in the international or international context, which have expanded and become very large.  Some of them have not entered into this field of international relations. Hence the need to supplement, renew and add new concepts There digital (electronic) factor, has become the key to the hard and soft domination of international units, and an important input in international relations, especially the twenty-first century. We have been able to explore the reality of the international interaction based on (cooperation, competition, conflict). In conclusion, the global system will remain state-based and international organizations. At the same time, it will continue to be born and no states in its interactions with the ease of use of digital technology by individuals on the planet..

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.

Carpatho-Ukraine’s defeat as a precursor of WWII

Rusin ◽  
2021 ◽  
pp. 201-222
Author(s):  
A.I. Kudriachenko ◽  
Keyword(s):  
International Relations ◽  
Third Reich ◽  
Historical Period ◽  
International Context ◽  
Short Period ◽  
Wide Range ◽  
Depth Study ◽  
Territorial Claims ◽  
The Third Reich

The paper analyzes the course of events and the international context of Сarpatho- Ukrainian state’s rise and defeat in terms of role and impact of the leading European actors at the end of the 1930’s. Based on an in-depth study of the wide range of literature, documents and relevant archives, the author highlights the role of Carpatho-Ukraine, which for a short period happened to be at the epicenter of the geopolitical interests of the states whose actions or inaction fueled the warmongers. The revival and strengthening of a number of European countries at that historical period deteriorized international relations. The erosion of the Versailles-Washington bases intensified the contradictions in the foreign policy between the victorious and vanquished states. The defeated countries reinforced their positions, since the victors, who were expanding their military might at the expense of Czechoslovak Republic, including Transcarpathia, were becoming more submissive in accommodating territorial claims. This situation largely updated the approaches to the Ukrainian question. The variability of the ways to solve it largely depended on the situational decisions of the Third Reich political leadership.

Part 1 Fundaments of Arbitration in Brazil, 2 Comments of the Brazilian Arbitration Law

2020 ◽  
Author(s):  
Sester Peter
Keyword(s):  
New York ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Recognition And Enforcement ◽  
Model Law ◽  
New York Convention ◽  
Definition Of

This chapter examines the Brazilian Arbitration Law (BAL) of 1996. The BAL is a standalone act encompassing roughly 40 articles. It is divided into eight chapters and is applicable to both domestic and international arbitration, except for Chapter VI (The Recognition and Enforcement of Foreign Awards), which is modelled on the New York Convention (NYC). Hence, the BAL legislator adopted a monistic approach. Consequently, the BAL contains no definition of domestic or international arbitration, but only defines the term foreign award. According to article 34, sole paragraph BAL, an award is considered a foreign award if it was rendered outside the territory of Brazil. The present translation of the BAL builds on the terminology of the UNCITRAL Model Law on Commercial Arbitration and the NYC because both documents inspired the authors of the BAL and are cornerstones of international arbitration. This chapter of the book then provides comments on the BAL article by article.

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.

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.

10 Damages in International Arbitration

2016 ◽  
Author(s):  
Salomon Claudia T
Keyword(s):  
New York ◽  
The State ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Business Opportunity ◽  
Reasonable Degree ◽  
Depth Analysis ◽  
Degree Of Certainty ◽  
Standards Of Proof ◽  
Substantive Law

This chapter addresses the implications of the substantive law of the State of New York for the proof and calculation of damages. In international commercial arbitration, the category of damages, as well as the nature of proof required, is determined by the agreement of the parties. Absent such an agreement, tribunals will be guided by the substantive law of the arbitration. And generally, for damages to be recoverable, an aggrieved party must prove that the opposing party’s conduct directly and proximately caused the claimed damages. Although an in-depth analysis of theories and standards of proof for establishing causation is beyond the scope of this chapter, the requirement that a party prove, with a reasonable degree of certainty, damages proximately caused by a respondent’s actions explains New York law’s general skepticism about anticipated lost profits for a prospective business opportunity as a class of damages.

Part II Guide to Key Preliminary and Procedural Issues, 7 The Fate of Frivolous and Unmeritorious Claims

2018 ◽  
Author(s):  
Yannaca-Small Katia ◽  
Earnest David
Keyword(s):  
Current Trend ◽  
International Investment ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Bilateral Investment Treaty ◽  
Investment Treaty ◽  
International Investment Agreements ◽  
Investment Agreements

The term ‘frivolous’ is sometimes used to describe a claim which is filed with knowledge that it has little or no chance of succeeding. This chapter examines the procedures available under international investment agreements and international arbitration rules to address on a preliminary and expedited basis claims that are frivolous in the sense of being baseless and unmeritorious, regardless of claimant’s motives. The current trend towards preliminary and expedited consideration of a request that an application in investor-state arbitration be dismissed as frivolous is rooted in the 2004 US Model Bilateral Investment Treaty and the 2006 amendment to the International Centre for Settlement of Investment Dispute (ICSID) Rule 41(5). There is also an emerging focus on the summary disposition of such frivolous claims in international arbitration rules traditionally concerned with commercial arbitration.

15 Singapore

2014 ◽  
Author(s):  
Oo Minn Naing
Keyword(s):  
Asia Pacific ◽  
Pacific Region ◽  
International Arbitration ◽  
Asia Pacific Region ◽  
Commercial Arbitration ◽  
International Council ◽  
Judicial Decisions ◽  
Leading Role ◽  
The World ◽  
Legislative Framework

Singapore is currently one of the world's leading arbitration destinations. In addition to having recently hosted the 21st Congress of the International Council for Commercial Arbitration (ICCA), the reputation of the Singapore International Arbitration Centre (SIAC) and Maxwell Chambers as being among the leading arbitration-related institutions in the world is testament to the growing significance of international arbitration in the Asia-Pacific region, as well as to the leading role that Singapore has played in contributing to the collective jurisprudence, expertise, activity, and interest in international arbitration. This chapter considers the provisions of the statutory regime and jurisprudence that contributed to establishing Singapore as a pro-arbitration jurisdiction. It provides selected ‘snapshots’ of the current legislative framework as well as recent judicial decisions in the Singapore courts on issues relating to international arbitration.

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