scholarly journals The Legal Policy of Executability in the International Arbitral Tribunal Decision for Settlement of Investment Disputes

BESTUUR ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 144
Author(s):  
Rachel Georghea Sentani ◽  
Mathijs Ten Wolde
Keyword(s):  
Arbitral Tribunal ◽  
Legal Policy ◽  
Arbitration Process

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The growing number of investment disputes indicates more challenging and controversial matters in the various arbitration practices. However, the International Centre for the Settlement of Investment Disputes (ICSID) rules do not entirely solve the problem in the arbitration process. This study aims to explain how the ICSID tribunal’s inherent reconsideration power can be exercised to “fill the gap” in arbitration proceedings. This study concludes that it can be enforced under Article 44 of the ICSID Convention, which decides the question submitted to the tribunal that the ICSID Convention does not cover. Second, in completing this study, the wording of Rules 19 of Arbitration Rules gives an almost similar order to the tribunals in the case of absence in the conduct of proceedings. Third, under Rule 38 (2) Arbitration Rules, the tribunals can exercise the reconsideration power when discovering new facts that decisively affect the case's outcome.</p></td></tr></tbody></table></div>

On Arbitral Jurisdiction. How to Deal with the Complementarity between Arbitral Tribunals and the Courts?

Global Jurist ◽  
2018 ◽  
Vol 18 (2) ◽  
Author(s):  
Cesare Cavallini
Keyword(s):  
Arbitral Tribunal ◽  
The Core ◽  
Arbitration Process ◽  
Complementary Role ◽  
Domestic Legislation ◽  
Model Law ◽  
Core Issues ◽  
Considerable Body ◽  
Optimum Balance

Abstract Why might one argue that the arbitral tribunal should have the “competence” to rule, as of right, upon its own jurisdiction? Is this natural power consistent with the legitimacy of arbitration? Can it unquestionably achieve the greatest level of efficiency for the parties? Although a considerable body of literature has attempted to answer these questions, this article aims to address (and partially reframe) the core issues relating to arbitral jurisdiction by comparing different legal systems and operative solutions in order to search for new and valuable insights on the topic . There is no doubt, in fact, that the orthodox position traditionally starts from the assumption that access to the courts within parallel proceedings, which (also) questions the allocation of jurisdiction, is problematic also due to the risk of delaying tactics by one party. According to this line of reasoning, when the authority of the arbitrators is challenged, the balance between the legitimacy and the efficiency of the arbitration process could be conditioned by prejudices relating to the (necessary) interference of the courts with the power of the arbitral tribunal to determine its own potestas judicandi (or its lack thereof) on the merits. In an attempt to move on from the classical framing of this issue and towards a comparative evaluation of the rationales and values underlying domestic legislation on arbitral jurisdiction, considered also with reference to the provisions of the UNCITRAL Model Law, this article will seek to provide a solution that is rooted in the complementary role of the courts and of arbitral tribunals. The complementarity between arbitral tribunals and the courts will be shown to be key in securing the legitimacy of arbitration and the actual pre-eminence of this source of alternative private justice and, accordingly, also as a way of striking the optimum balance with the efficiency of the arbitration process.

4 Establishment and Organisation of an Arbitral Tribunal

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
National Court ◽  
Trade Association ◽  
Arbitral Tribunal ◽  
Arbitration Process ◽  
Judicial Proceedings ◽  
Professional Institution ◽  
The Creation ◽  
The Right

This chapter describes the creation of the arbitral tribunal, the step in the arbitration process that follows the decision to start arbitration. Choosing the right arbitral tribunal is critical to the success of the arbitral process. It is a choice that impacts not only on the parties to the particular dispute, but also on the reputation and standing of the process itself. It is, above all, the quality of the arbitral tribunal that makes or breaks the arbitration, and it is one of the unique factors distinguishing arbitration from national judicial proceedings. There are several different methods of appointing an arbitral tribunal, of which the chapter enumerates and discusses the six most usual: by agreement of the parties; by means of the list system; by the co-arbitrators appointing a presiding arbitrator; by a professional institution or a trade association, such as the ICC; and by a national court.

KRIMINALISASI HAKIM DAN EKSISTENSI PRINSIP JUDICIAL INDEPENDENCE DALAM BINGKAI NEGARA HUKUM

2018 ◽  
Vol 2 (3) ◽  
pp. 325
Author(s):  
Muh Risnain
Keyword(s):  
Rule Of Law ◽  
Criminal Policy ◽  
Judicial Independence ◽  
Legal Policy ◽  
The Law ◽  
Quo Vadis

Legal policy throught criminalization of judge by the law are abuse of judicial indpence and threat of rule of law principle while regulate by the constitution. And it is shown that quo vadis of criminalization policy when drafting the law. To solve this problem, there are two step, firstly, House of representative and President as state organs who have authority to arrange the law must pay attention principle of judicial indepence and rule of law, second, reorientation of criminal policy. Keywords: Criminalization, Judicial Independence and Rule of Law.

Constitutional policy of law of modern Russia: ideas, priorities, values, directions

2018 ◽  
Author(s):  
Павел Баранов ◽  
Pavel Baranov ◽  
Алексей Овчинников ◽  
Aleksey Ovchinnikov ◽  
Алексей Мамычев ◽  
...  
Keyword(s):  
International Law ◽  
Public Administration ◽  
Public Life ◽  
Political Extremism ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Russian State ◽  
The Russian Federation ◽  
Political Economic ◽  
Comprehensive Study

The monograph is a comprehensive study of the nature, content and priorities of the constitutional and legal policy of the Russian state. The authors identify and analyze various elements of the constitutional legal doctrine (value-normative, socio-political, economic, international law, spiritual and moral, etc.), as well as the directions of its development in Russia in the XXI century. Constitutional and legal policy is considered in the context of modern problems of national and religious security, in the sphere of combating political extremism, corruption, network wars, etc.the analysis of practical issues related to the implementation of constitutional and legal policy in various spheres of state and public life is Carried out. The publication is aimed at specialists in the field of law, political science, public administration. The book can also be used in the study of such disciplines as "Constitutional law of the Russian Federation", "Legal policy of the modern state", " Fundamentals of national security»

Legal policy of modern Russia in the Arctic

2019 ◽  
Author(s):  
M.V. Grigoryeva ◽  
S. N. Greenberg ◽  
A.V. Malko ◽  
S.V. Navalny
Keyword(s):  
The Arctic ◽  
Legal Policy
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