scholarly journals The Role of Asian International Arbitration Centre (AIAC) as a regional Hub for Oil and Gas Sector

2018 ◽  
Vol 7 (3.21) ◽  
pp. 345
Author(s):  
Wan M. Zulhafiz ◽  
. . ◽  
. .
Keyword(s):  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Oil And Gas ◽  
Legal Framework ◽  
Kuala Lumpur ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Set Up ◽  
Oil And Gas Sector

Hydrocarbons projects involve multiple parties, including sovereign states and corporations, to operate expensive, complex and high-risk activities. Alternative dispute resolution (ADR) is often preferred more by the parties than litigation to ensure the smooth running of the projects. ADR refers to all mechanisms of dispute settlement other than litigation such as negotiation, mediation, adjudication, and arbitration. The Asian International Arbitration Centre (AIAC) or formerly known as the Kuala Lumpur Regional Centre for Arbitration (KLRCA) is the main institution that administers and resolves all commercial arbitration disputes in Malaysia. This research argues that, due to the technicalities and complexity of operations in the oil and gas sector, there is a need to set up a special arbitration centre for oil and gas under the AIAC to handle and resolve the industrial disputes. Furthermore, by establishing the centre, it can help to promote the AIAC as the choice of arbitration hub, especially within the Organization of the Petroleum Exporting Countries (OPEC). In doing so, it is necessary to pass a special legal framework to enable the establishment of the centre. It may function as a roadmap by the key players of the oil and gas sector to recourse in resolving disputes. The methodology employed by this research is carried out in a prescriptive, comparative and analytic manner.  

Civil Society and International Investment Arbitration

2020 ◽  
pp. 303-327
Author(s):  
Nathalie Bernasconi ◽  
Martin Dietrich Brauch ◽  
Howard Mann
Keyword(s):  
Civil Society ◽  
Dispute Settlement ◽  
International Investment ◽  
Public Law ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Investment Treaty ◽  
Investment Arbitration ◽  
International Investment Agreements

This chapter discusses the role of civil society in international investment arbitration. Much of the civil society focus on international arbitration has been on the investor–state dispute settlement (ISDS) process included in many international investment agreements. However, the historical role of commercial arbitration as the progenitor of investment treaty arbitration and the procedural and structural links between ISDS and commercial arbitration are important for the discussions on civil society engagement. Civil society recognized early on the problems of using a commercial arbitration model for investment arbitration, which involves public law matters, and concluded that this created a misappropriation of a tool that up to that time had only been used for private commercial purposes or very well-defined state-to-state purposes. The crossing of these purposes and actors to create public law arbitration between investors and states is what created this sense of misappropriation and led to a spotlight being shone on the regime by civil society. The chapter then looks back at the beginnings of civil society engagement with international arbitration through the experience with investment treaties, including the advancement of transparency and the ability to submit amicus curiae briefs.

scholarly journals Intellectual property disputes and international arbitration

2021 ◽  
Vol 58 (3) ◽  
pp. 929-941
Author(s):  
Ay Yunus Emre
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Suitable Alternative ◽  
International Commercial Arbitration ◽  
Set Up ◽  
Commercial Disputes

International arbitration is widely enjoyed in international commercial disputes. Popular arbitral institutions are known for international commercial disputes. Moreover, academic papers generally analyse international commercial arbitration. However, intellectual property disputes are also resolved in arbitration. Therefore, WIPO set up arbitration and mediation institution in its body. Purpose of this paper is to emphasize that arbitration is also suitable alternative dispute resolution for intellectual property disputes.

scholarly journals A Forgotten Chapter in the History of International Commercial Arbitration: The Slave Trade's Dispute Settlement System

2018 ◽  
Vol 31 (2) ◽  
pp. 219-241 ◽  
Author(s):  
ANNE-CHARLOTTE MARTINEAU
Keyword(s):  
Large Scale ◽  
Dispute Settlement ◽  
International Investment ◽  
Economic Life ◽  
International Arbitration ◽  
Dispute Settlement Mechanism ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
History Of ◽  
Set Up

AbstractThis article is part of the ongoing efforts to write a critical history of international arbitration in commercial and investment matters. It examines the ways in which the Spanish crown and its concessionaries set up a mechanism to settle legal disputes pertaining to the transatlantic slave trade. The transformation of asientos de negros from limited royal contracts to large-scale monopolies awarded to foreign chartered companies during the sixteenth, seventeenth and early eighteenth centuries was accompanied by the creation of an international commercial arbitration system. Why was this system set up, how did it work, and what was its faith? The overall aim of the article is to invite international lawyers to rethink the history of international arbitration and pay closer attention to the ‘private’ dimensions of formal and informal imperialism. It also attempts to bridge the historical investigation and contemporary commentary. In the conclusion, I argue that this study allows us, in a mirroring effect, to question the idea that today's dispute settlement mechanism was conceived as a means to ‘depoliticize’ international investment law. What the introduction of arbitration achieves is to place some fundamental questions out of sight. Today, as in the past, arbitrators work from within the system; their work rests on a series of unspoken – and yet highly political – premises about the organization of economic life and the distribution of values.

16 Stockholm

2014 ◽  
Author(s):  
Andersson Fredrik ◽  
Löf Kristoffer
Keyword(s):  
Public Policy ◽  
Case Law ◽  
Legal Framework ◽  
International Standards ◽  
International Arbitration ◽  
Chamber Of Commerce ◽  
East West

This chapter evaluates the merits of Stockholm as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Sweden; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the legal framework, the practice of the courts, and the experience of Swedish arbitration practitioners, all ensure an arbitration-friendly environment at the highest international standards. Stockholm and the Stockholm Chamber of Commerce (SCC) have long maintained a position as a preferred venue for resolving international disputes in general and disputes with an East-West dimension in particular. The long tradition of arbitration in Sweden has yielded a rich body of case law relating to arbitration, providing for a predictable procedure. The Swedish courts respect and enforce arbitration agreements and do not interfere unduly in arbitration proceedings. Awards cannot be challenged based on the merits and can be set aside only on the basis of serious procedural irregularities or narrowly defined issues of non-arbitrability or public policy.

Commercial Arbitration in Germany

2016 ◽  
Author(s):  
Kreindler Richard ◽  
Wolff Reinmar ◽  
Rieder Markus S
Keyword(s):  
Life Cycle ◽  
German Law ◽  
Legal Framework ◽  
Arbitral Tribunal ◽  
Legal Analysis ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Recognition And Enforcement ◽  
Practical Guidance ◽  
International Chamber Of Commerce

This book provides a detailed commentary on and analysis of German arbitration law and practice. This title covers both domestic and international arbitration in all its stages. The work details the legal framework for German-related arbitration and provides practical guidance on the appropriate choices, with a specific focus on particularities of German law and practice. The book navigates along the life cycle of an arbitration, commencing with the arbitration agreement, continuing with the arbitral tribunal, the arbitral proceedings and interim relief, and concluding with the arbitral award including its recognition and enforcement. At each stage, the work combines exhaustive legal analysis, clear and concise presentation, and a practical and accessible approach. Arbitration in Germany continues to grow as the country builds on its reputation as a suitable venue for international arbitration. This trend is reflected in the increasing relevance of the German Institution of Arbitration (DIS), which currently has more than 1,150 members domestically and overseas, including numerous major trade organizations and chambers of commerce, leading German companies, judges, lawyers and academics. The number of arbitration cases under the DIS Rules has more than doubled since 2005 while statistics of the International Chamber of Commerce (ICC) show that Germany is the fifth most frequently chosen place of arbitration and German law is the fourth most frequently chosen law. Even where the place of arbitration is outside Germany, German arbitration law plays an increasingly important role for the recognition and enforcement of awards. This particular significance is highlighted by Germany's strong export-oriented economy and is mirrored in the fact that German parties are the second most frequently encountered nationality among parties in ICC arbitrations worldwide.

Investments in Unsettled Maritime Boundary Contexts: The Role of Bilateral Investment Treaties in Delivering Certainty

2019 ◽  
Vol 34 (3) ◽  
pp. 666-696
Author(s):  
Kathryn Khamsi
Keyword(s):  
Renewable Energy ◽  
Oil And Gas ◽  
Energy Sector ◽  
Bilateral Investment Treaties ◽  
Maritime Boundary ◽  
Investment Treaties ◽  
Oil And Gas Sector ◽  
Inter State

Abstract Interest in offshore investment is growing: the oil and gas sector has been developing offshore reserves for some time; more recently, the renewable energy sector has also been investing offshore. In that context, this paper considers the legal uncertainties that overlapping sovereign claims in offshore areas create for investments. It then canvasses the commitments that States can accord to address these legal uncertainties, whether unilaterally or through inter-State authorities that jointly regulate areas subject to overlapping claims. This paper is then principally devoted to considering the role of bilateral investment treaties in enforcing such commitments, and otherwise addressing the legal uncertainties generated by overlapping maritime claims. By way of conclusion, this paper considers analogies to other situations where investments are subject to the sovereign rights of more than one State.

Entwicklung des gesetzlichen sozialen Grundaltersversicherungssystems in der Volksrepublik China

2019 ◽  
Author(s):  
Yuxi Jin
Keyword(s):  
Social Security ◽  
Legal Framework ◽  
Pension Scheme ◽  
Legal Concept ◽  
Pension Schemes ◽  
System P ◽  
Sustainability Concept ◽  
Volksrepublik China ◽  
Set Up

The first Chinese Social Security Law of 2011 states that the state should set up a social security system that is based on the legal guideline of sustainability. In this study, the author discusses a question which is still unresolved in China: What is the role of this principle of ‘sustainability’, which is hardly substantiated by legislators, as a legal concept in the pension scheme system? This book deals with the theoretical analysis of the concept of sustainability and its development on the basis of the existing legal framework, the practical interpretation and implementation of the sustainability concept as an objective in the field of pension schemes, an analysis of the dogmatic functions of the sustainability concept within the framework of China’s law on pensions, and the developments and problems in the Chinese pension scheme system and their possible solutions, while also considering the various influences on that system.

Commercial stakeholders in international economic dispute resolution and the issue of adjudicatory independence

2017 ◽  
Vol 24 (4) ◽  
pp. 582-601 ◽  
Author(s):  
Joanna Jemielniak
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Trade Disputes ◽  
Commercial Arbitration ◽  
State Action ◽  
Softwood Lumber ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
Wto Appellate Body

The article discusses the problem of influence exerted by commercial actors in international trade disputes and consequences of this phenomenon for positions adopted by adjudicators. It explores the role of commercial stakeholders inasmuch as they comprise a driving force behind state action, and examines procedural options available to those stakeholders. The issue of adjudicatory independence and neutrality is considered in the context of involved industries and their interests as the non-party spiritus movens behind WTO dispute settlement processes. Related procedural aspects, such as confidentiality/transparency of proceedings and the possibilities for participation of non-party actors, are also examined. It is argued that WTO litigation is often only one track among several available to the stakeholders in the pursuit of their interests. As a consequence, the problem of forum shopping is also raised. In this vein, the standards of the WTO Appellate Body in the area under discussion are set against those of investment and commercial arbitration (as the institutions and rules designed for the latter are also being used for trade controversies, as evidenced in the Softwood Lumber LCIA arbitrations). Consequently, the problem of establishing standards of adjudicatory independence is deemed a significant factor in strategic selection of the most advantageous forum for dispute resolution.

The Procedural Rules Governing the Production of Documentary Evidence in International Arbitration – As Applied in Practice

2009 ◽  
Vol 8 (1) ◽  
pp. 27-90
Author(s):  
Nathan O'Malley
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Documentary Evidence ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The World ◽  
The Common ◽  
Over Time

AbstractThis article considers the provisions of the IBA Rules on the Taking of Evidence in International Commercial Arbitration pertaining to documentary evidence, Articles 2, 3, and 9. The IBA Rules have emerged over time as a compromise set of standards appropriate for international arbitration and are widely used by tribunals throughout the world. This piece provides examples of arbitral case law in respect of the application of the Rules to issues concerning the taking and admission of documentary evidence. Moreover, the article also addresses issues regarding the role of the IBA Rules in the judicial review of arbitral awards, and their use in investor-state arbitration as opposed to international commercial arbitration. The goal of this article is to provide a thorough, case based commentary on the common approach used by tribunals in this area of procedure.

scholarly journals Instruments for adjusting Algeria's fiscal policy to market economy

2020 ◽  
pp. 31-44
Author(s):  
Anna Vladimirovna Bobrova ◽  
Abderraouf Abassi
Keyword(s):  
Market Economy ◽  
Oil And Gas ◽  
Tax Revenue ◽  
Mathematical Methods ◽  
Vertical Data ◽  
State Tax ◽  
Fiscal System ◽  
The Subject ◽  
Oil And Gas Sector

The subject of this research is the fiscal system of Algeria, namely the principles and methods of formation of consolidated budget of the country and the role of tax revenue in development of market economy. The author describes the factors that influence the country’s fiscal system, as well as highlights the priority conditions for economic development of Algeria. The goal of this work consists in formulation of recommendations on improvement of the processes of budgeting and state tax planning in Algeria, as well as on overcoming the problems of a resource-oriented and state-regulated economy. The methodological framework contains the principles and methods of factor analysis that reveal the external and internal causes of establishment of the modern fiscal system in Algeria, mathematical methods of horizontal and vertical data analysis of consolidated budget; methods of induction and modeling in advancing proposals on the development of Algeria’s fiscal system. The novelty of this work lies in the suggestions on diversification of the economy by reducing the share of the oil and gas sector and sequestering budget deficit by reducing military spending, as well as shifting budget tax revenue towards direct taxes. The results of the research demonstrate the democratic model of fiscal system in Algeria, oriented towards market economy.

Sign in / Sign up

Export Citation Format

Share Document