scholarly journals ARBITRŲ ATSAKOMYBĖ IR IMUNITETAS NUO ATSAKOMYBĖS

Teisė ◽  
2015 ◽  
Vol 92 ◽  
pp. 48-57 ◽  
Author(s):  
Beata Kozubovska ◽  
Rimantas Daujotas
Keyword(s):  
Comparative Analysis ◽  
Legal Systems ◽  
Commercial Arbitration ◽  
International Commercial Arbitration

Straipsnyje analizuojamas arbitrų imuniteto institutas tarptautiniame komerciniame arbitraže. Tarptautiniame komerciniame arbitraže nėra bendros pozicijos dėl atsakomybės arbitrams taikymo ir jos ribojimo. Šio straipsnio tikslas, remiantis lyginamąja valstybių teisinių sistemų analize, suformuluoti mokslines rekomendacijas, susijusias su atsakomybės taikymu ir jos apribojimu arbitrams tarptautiniame komerciniame arbitraže. This article discusses arguable aspects of the application of the liability of arbitrators in international commercial arbitration. There is no uniform practice applicable to the immunity of arbitrators in the field. By means of comparative analysis of various countries legal systems, this article aims to construct recommendation regarding the arbitrator‘s immunity and liability issue in international commercial arbitration.

scholarly journals Admissibility of Lis Pendens in International Commercial Arbitration: A Comparative Insight of Different Legal Systems

2020 ◽  
Vol 13 (4) ◽  
pp. 134
Author(s):  
Ximei Wu ◽  
Abid Hussain Shah jillani
Keyword(s):  
Common Law ◽  
Effective Means ◽  
Civil Law ◽  
Deep Understanding ◽  
International Level ◽  
Legal Systems ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Domestic Level

An attempt has been made to investigate the role of the doctrine of Lis Pendens in international commercial arbitration while making a comparison of civil and common law traditions. Arbitration is regarded to be less painful and an effective means for resolving any type of commercial disputes. Sources of the law to investigate Arbitration's regulation on a national, institutional, and international level. However, it is known that the lis pendens doctrine has been rarely codified; thus, scholarly writings and case laws were consulted by the research for determining its adoption and content. It is important to note that the lis pendens is initially regarded as a tool, which has been developed to manage the proceedings of parallel court on a domestic level. The study concludes while arguing that when it comes to civil law tradition, lis pendens is regarded as an independent doctrine in international commercial arbitration since it shares the same claim of being tried in various forums simultaneously. In contrast, lis alibi pendens in the jurisdiction of common law is not known as a doctrine, but it is viewed as one of many factors whole applying the forum non-convenience principle. Both civil and common law need identity between various parties and their claims to constitute lis pendens in two proceedings, and therefore, they have a conform and deep understanding of the concept.

scholarly journals THE EXAMINATION OF COMPETENCE: COMPETENCE IN INTERNATIONAL COMMERCIAL ARBITRATION

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Homayoun Mafi ◽  
Mohammad Reza Khademi
Keyword(s):  
Competent Authority ◽  
Competency Assessment ◽  
Arbitral Tribunal ◽  
Legal Systems ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Arbitration Clause ◽  
The Law

The arbitration clause implies the agreement of the parties' will to concede (assign) the existing or future dispute into arbitration, thus, in accordance with the law, the inevitable basis is to establish the referee's authority and jurisdiction and the influence of his/her verdict. Therefore, the formation of a court of arbitration and the issuance of a ruling requires that the existence and the validity of the contract of referral the matter to arbitration is acceptable to the parties. Although the parties may find a dispute (difference) in the existence and validity of the arbitration agreement, it is also likely that one of the parties denies or invalidates the existence of the arbitration agreement. In such a hypothesis, the formation of an arbitration authority and its review will entail consideration of the dispute before it. For this reason, one of the important issues that may arise in arbitration is the determination of the competent authority dealing with a dispute that may arise between the parties as to the existence or validity of the arbitration convention or jurisdiction. The issue of competency assessment (Competence - Competence), which improves the efficiency of the arbitral institution, can be seen in the most legal systems. Whether the arbitral tribunal has the merit of deciding whether to qualify under the terms of the arbitral agreement is a question that has long been addressed in the arbitration law as the competence to determine jurisdiction

THE UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION: INTERPRETATION, GENERAL PRINCIPLES AND ARBITRABILITY

2016 ◽  
Vol 3 (1) ◽  
pp. 67-84
Author(s):  
Pilar Perales Viscasillas
Keyword(s):  
Case Law ◽  
Legal Systems ◽  
Gap Filling ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Filling System ◽  
Model Law ◽  
International Character

This article explores the possible modification of the UNCITRAL Model Law on International Commercial Arbitration (MAL) to include the topic of arbitrability. This is an area in which the domestic legal systems differ, particularly in relation to the arbitrability of intra-corporate disputes. The article also deals with new art 2A, introduced into the Model Law in 2006, which deals with the interpretation and gap-filling system under the Model Law. The interpretation of MAL in accordance with its international character is a very important step towards uniformity and therefore the different tools required for a uniform interpretation are analysed. These include case law and scholarly writings; the meaning and importance of achieving both a uniform and an international interpretation of MAL are also considered. The article also analyses the whole text of MAL in order to arrive at the general principles on which the Model Law is based; when problems have to be solved, these principles should guide issues of interpretation that arise under this law.

Dispute Resolution in Modern Stream of Commerce: the Problem of Using of the Terms “Arbitration” and “Arbitration Court” in the Context of Existing Russian Legislation

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Александра Бойченко ◽  
Aleksandra Boychenko
Keyword(s):  
Comparative Analysis ◽  
Dispute Resolution ◽  
Russian Federation ◽  
Daily Life ◽  
Potential User ◽  
Legal Systems ◽  
Commercial Arbitration ◽  
The Status ◽  
The Russian Federation ◽  
Commercial Disputes

The author studies the problem of using of the terms “arbitration” and “state arbitration court” in the context of their use in relation to relevant institutions for resolution of commercial disputes. Through a comparative analysis of the term “arbitration” in the legal systems of some States, including the Russian Federation, the author identifies the differences and possible resolving ways of the problem of mixing these terms in Russia. On the basis of the research the author has arrived to the conclusion that it will be useful to change this terms in relation to state arbitration courts. In particular, the author proposes to call them economic, commercial or economic in order to prevent errors in the name of the courts in daily life and avoid the introduction of potential user confusion. The author believes that more preferable in this context the using of the term “commercial and administrative courts”. Also in the article was examined the problem of the Russian approach to the status of International Commercial Arbitration and its resolution of commercial disputes.

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