scholarly journals International Commercial Arbitration Put to the Test in the Commonwealth

2020 ◽  
Vol 51 (3) ◽  
pp. 357
Author(s):  
Petra Butler
Keyword(s):  
Dispute Resolution ◽  
Best Practice ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Cross Border ◽  
Border Trade ◽  
Dispute Resolution Mechanism ◽  
Rare Opportunity

The article discusses the Commonwealth Study on international commercial arbitration conducted in 2019. The importance of the availability of international commercial arbitration as a dispute resolution mechanism lies in the link between trade and the accessibility of a dispute resolution mechanism that reflects the needs of cross-border trade. Given that the Commonwealth has a unique legal and trade ecosystem the Study provides a rare opportunity to consider what a best practice modern international commercial arbitration framework should look like to encourage cross-border trade.

scholarly journals International Commercial Arbitration in Malaysia

2021 ◽  
Vol 29 (S2) ◽  
Author(s):  
Iyllyana Che Rosli
Keyword(s):  
New York ◽  
Best Practice ◽  
International Treaties ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Cross Border ◽  
Before And After ◽  
Recognition And Enforcement ◽  
Model Law ◽  
New York Convention

In the recent two decades, the wave of globalisation has hit the Malaysian market. It hence contributes to the popularity of arbitration as the means to settle cross border commercial disputes. The existing literature concerned with Malaysia suggests that the recent trend in Malaysia is that arbitration has become the dominant choice of dispute resolution forum. Using qualitative and doctrinal methods, this paper seeks to analyse the regulatory framework for international commercial arbitration in Malaysia, before and after Malaysia’s accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (hereinafter, NYC 1958). The NYC 1958 is one of the most successful international treaties with 161 contracting States. The NYC 1958 aims to promote uniform practical procedures for the recognition and enforcement of foreign arbitral awards in its contracting States, irrespective seat of the awards. In doing so, the paper examines two significant periods of arbitration laws in Malaysia: pre and post-accession to the NYC 1958. The paper concludes that Malaysia no longer follows English arbitration legislation and instead follows international best practice by adopting the UNCITRAL Model Law on International Commercial Arbitration (hereinafter, UML) as the basis of its modern legislation, the Arbitration Act 2005. Malaysian courts are also seen to adopt a positive ‘pro-enforcement’ attitude in the application to recognise and enforce foreign arbitral awards, in promoting maximum enforcement of awards as promoted by the NYC 1958 and the UML.

Analysis of China-Pakistan Cross Border Trade Conflicts Resolution Mechanism

2020 ◽  
Vol 11 (2) ◽  
pp. 382
Author(s):  
Rao Qasim IDREES ◽  
Zaheer Iqbal CHEEMA ◽  
Jawwad RIAZ
Keyword(s):  
Dispute Resolution ◽  
Foreign Investment ◽  
Bilateral Trade ◽  
Research Paper ◽  
Legal Research ◽  
Bilateral Investment Treaty ◽  
Cross Border ◽  
Investment Treaty ◽  
Border Trade ◽  
Dispute Resolution Mechanism

This research paper significantly discusses ‘China Pakistan bilateral investment trade regime’ and the issues relating to dispute settlement as these are considered as high risks to disturb the trade agreements made between Pakistan and China after the huge investment in recent years. Pakistan and China have strong bilateral investment treaty agreements; however, such agreements cannot provide the suitable environment for current bilateral trade and investment, hence required to be amended. In this research authors examine the China Pakistan bilateral investment legal regime and dispute resolution mechanism by way of historical and comparative legal research approaches and considered these as legal risks in the way of foreign investment and the operation difficulties it may encounter. During this study, comparative legal research is applied to find out the differences among Pakistan legal system and international laws to make foreign investment more beneficial. Furthermore, under this research authors maintain the discussion through analytical approach that dispute resolution mechanism prevailing in Pakistan may not be capable to provide required support in favor of Pakistan where international arbitration and trade disputes are still in evolution process and assessed as a barrier in the way of bilateral trade. The objectives of this research are to examine the China Pakistan cross border trade conflict resolution mechanism in depth followed by good social, economic and legal policies for Pakistan. The intention of the researchers through this research is to provide to a stronger, safer and beneficial dispute resolution mechanism towards the socio-economic progress of Pakistan through enhancing the standards of such mechanism.  This research concludes that Free Trade Agreement (FTA) and Bilateral Investment Treaty (BIT) between two countries are obsolete and required many amendments on the account of current investments. To fulfill the objective of current research paper, this study suggests the creation of international commercial court in Pakistan to deal with bilateral investment disputes.

scholarly journals The Singapore convention on enforcement of mediated settlement agreements (mediation): from dream to reality?

Lex Russica ◽  
2019 ◽  
pp. 60-72 ◽  
Author(s):  
O. F. Zasemkova
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Business Community ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Cross Border ◽  
Trade Law ◽  
Draft Convention ◽  
Settlement Agreements ◽  
Commercial Disputes

On 26th of June, 2018, at its 51th session, the UN Commission on International Trade Law (UNCITRAL) announced the completion of two important documents — a draft United Nations Convention on International Settlement Agreements Resulting from Mediation, as well as the draft amendments to the UNCITRAL Model L aw on International Commercial Conciliation (2002) that, to a large extent, repeats the provisions of the draft Convention. It is expected that after its approval by the UN General Assembly on August 1, 2019, the Convention will be open for signature and, if ratified by a significant number of States, will play an important role in increasing the attractiveness of this method of dispute settlement to the international business community, allowing it to compete with international commercial arbitration.In this regard, the article attempts to analyze the main provisions of this Convention and to assess the feasibility of accession to it of the Russian Federation, taking into account the fact that currently in Russia this method of settlement of cross-border commercial disputes is not widespread. According to the results of the analysis, the author comes to the conclusion that the adoption of this Convention will create a basis for the enforcement of international agreements reached as a result of mediation and acceptable for States with different legal, social and economic conditions, while maintaining the inherent flexibility of this method of dispute resolution. This, in turn, will reduce the likelihood of parties to cross-border commercial disputes going to court or international commercial arbitration after mediation and, accordingly, will increase the attractiveness of this method of dispute resolution for the parties. 

scholarly journals Dispute resolution by means of blockchain technology

2019 ◽  
pp. 160-167 ◽  
Author(s):  
O. F. Zasemkova
Keyword(s):  
Dispute Resolution ◽  
New Technologies ◽  
Judicial System ◽  
Smart Contracts ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Cross Border ◽  
Blockchain Technology ◽  
Technological Advances

One of the most important technological advances of recent times is the blockchain technology, which is gradually gaining recognition, having a significant impact on a number of industries. At the same time, the most interesting blockchain-based technology is smart contracts, which makes it possible to get rid of intermediaries and significantly reduce the costs the parties to cross-border contracts carry. With the development of new technologies, new types of disputes appear, which can not always be resolved through existing mechanisms, such as the court or international commercial arbitration. As a result, there is a need to modify existing or introduce new mechanisms that are more suitable for resolving disputes in the global digital decentralized economy. One of these mechanisms is blockchain-arbitration. Currently, several projects of such arbitration have been developed, the most interesting of which are CodeLegit, SAMBA and Kleros, each with a certain specificity. At the same time, the Kleros project, which is an attempt to create a decentralized quasi-judicial system for resolving disputes arising from smart contracts, deserves special attention. Analyzing each of these projects, the author points out some problems that may arise when using them, and suggests ways to solve them.

scholarly journals Dispute Settlement on E-Commerce Contract: A Practical Analysis of Law

2021 ◽  
Vol 7 (4) ◽  
pp. 473-486
Author(s):  
Firqotun Naziah
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Protection ◽  
Cross Border ◽  
Electronic Transactions ◽  
Border Trade ◽  
Practical Analysis

E-commerce is a form of trade which has its own characteristics that are cross-border trade, not to meet the seller and buyer, use media internet. The birth of Law No. 11 of 2008 is about Information and Electronic Transactions (ITE Law) seems to be the solution to provide protection for consumers. In the ITE Law has set the terms validity of e-commerce transactions, establishing the rights and obligations, prohibited acts, responsibility, legal protection, remedies, and dispute resolution in e-commerce transactions. This study analyzes the dispute settlement for e-commerce dispute in Indonesia.

Emergency Arbitrator: Indian Prospects

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Dr. Ashish Kumar Srivastava
Keyword(s):  
Dispute Resolution ◽  
Third Parties ◽  
Real Problem ◽  
Anglo Saxon ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
National Courts ◽  
High Courts ◽  
Interim Measures ◽  
Indian Perspective

International commercial arbitration is one of the most favourite mode of dispute resolution in world for resolving commercial disputes. Speed and cost are two important features what makes arbitrationa sought-after mode for dispute resolution because in conventional dispute resolution by courts ‘Remedy becomes worse than malady’ due to delay and cost. Legalism and authoritative courts in Anglo Saxon societies make the justice dilatory and expensive which is termed analogically as a disease of ‘Adversariasis’. Judicial minimalism is encouraged by entrepreneurs and business class of world which results in enhanced thrust on international commercial arbitration. In any arbitration interim measures are sine quo non. The irreparable loss and balance of convenience demands intervention by authoritative body to order and issue processes which can binds parties and third parties. In such cases unless interim measures are sought by municipal national courts no effective and binding interim remedies can be granted to the parties and third parties. The arbitrator once appointed is competent enough to grant interim measures and it can also decide about its jurisdiction based on doctrine of Kompetenz-Kompetenz. However, if before the appointment of arbitrator, the need of urgent interim measures arises then obviously parties have to go to the municipal national courts but this judicial intervention is not the intent of parties as they are seeking judicial minimalism. In such situations the urgent interim measures can be granted by emergency arbitrator. The Arbitration and Conciliation Act, 1996 is silent about emergency arbitrator but Delhi and Bombay High Courts have given some pragmatic judgments, making the provision of emergency arbitrator, a reality. The real problem in emergency arbitrator is how one can grant interim relief even without being in existence i.e. when arbitrator itself is non est. ICC, SIAC and LCIA provide for emergency arbitrator. In this paper the author has tried to make an analytical and comparative overview of emergency arbitrator in Indian Perspective.

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