scholarly journals CONTRADICTIONS IN INTERPRETATION OF INTERNATIONAL ARBITRATION AGREEMENTS

2021 ◽  
Vol 117 (4) ◽  
pp. 58-71
Author(s):  
POGORETSKA Khrystyna
Keyword(s):  
The Other ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commerce ◽  
International Commercial Arbitration ◽  
National Courts ◽  
Other Hand ◽  
Key Factor ◽  
The One

This article explores a divergence of approaches applicable to interpretation of arbitration agreement due to the very nature of international commercial arbitration as transnational and multicultural forum. The author also considers globalization of international commerce as a key factor in promoting predictability and certainty of contractual interpretation and thereby promoting uniformity in its approaches. The interaction between the diversity of legal cultures, on the one hand, and demand for uniformity, on the other hand, are at stake in this discussion. Keywords: diversity, uniformity, arbitration agreement, interpretation, internationalcommercial arbitration, intention of the parties, validity, scope of arbitration agreement, national courts.

scholarly journals Reforming the Legislation on the International Commercial Arbitration of Ukraine: Realities or Myths

2021 ◽  
Vol 4 (3) ◽  
pp. 117-128
Keyword(s):  
Dispute Settlement ◽  
The Other ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
National Courts ◽  
The One ◽  
Intergovernmental Organisations

International commercial arbitration (ICA) is an alternative way to resolve foreign economic disputes. Initially, arbitration itself was seen as a neutral court in which the parties to the dispute were independent of national courts. Arbitration agreements and decisions must be recognised by national courts without any complications or review procedures. Although granting commercial parties some independence to agree that their dispute will be considered by independent arbitrators is a key principle in ICA, the struggle for supremacy between national laws and national courts on the one hand and the autonomy of the parties and the independence of the international arbitration system on the other continue. Over the years, national laws have sought to control, regulate, interfere with, or support ICA in various ways. To counter attempts to ‘localise’ ICA and promote equality in this area, private, professional institutions and international and intergovernmental organisations have developed a significant body of law designed to ensure self-government and dispute settlement procedures in ICA. Nevertheless, international commercial arbitration cannot exist independently of national jurisdictions. Examining the activities of ICA, it can be seen that the importance and impact of national arbitration laws and national judicial supervision are significantly reduced, but the lex fori still plays an important role in arbitration. Thus, the reform of the normative regulation of international arbitration also affected Ukraine. The article analyses the radical changes proposed by the legislator regarding the procedure for establishing institutional arbitrations, expanding the arbitrability of disputes.

6 Expedited Proceedings: (SIAC RULE 5)

2018 ◽  
Author(s):  
Choong John
Keyword(s):  
Dispute Resolution ◽  
Cost Efficiency ◽  
The Other ◽  
International Arbitration ◽  
Perceived Need ◽  
The Core ◽  
Other Hand ◽  
Cost Efficient ◽  
The One

One of the criticisms against international arbitration is its occasional failure to live up to its potential for the expeditious resolution of disputes. Indeed, there is a tension at the core of modern international arbitration. On the one hand, parties seek speedy, cost-efficient, and final dispute resolution; while on the other hand, the absence of an appeal mechanism for arbitral awards generates a perceived need for exhaustive analysis of every fact and conceivable argument and for the retention of the ‘best’ (and therefore the busiest) lawyers and arbitrators, creating an attendant risk of ever-longer and more expensive arbitration proceedings. This chapter discusses the SIAC's rules designed to achieve expedition and cost-efficiency in all cases. These include Rule 5.1 on circumstances in which the expedited procedure may be appropriate, and Rule 5.2 covering the SIAC expedited procedure.

Part III International Arbitration Agreements: Issues and Perspectives, 7 Arbitrability Decisions Before, During, and After Arbitration

2016 ◽  
Author(s):  
Barceló John J
Keyword(s):  
National Court ◽  
Essential Elements ◽  
The Other ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Process Stage ◽  
Litigation Process

The arbitration agreement is the cornerstone of international commercial arbitration. Disputes over the agreement’s existence, validity, and scope-the essential elements for a controversy to be arbitrable-arise at each of the three fundamental stages of the arbitration/litigation process. This chapter discusses the arbitrability issue at each stage of the arbitration/litigation process. Stage One, before a national court where one party seeks to litigate the merits of the dispute and the other party petitions to have the dispute sent to arbitration. Stage Two, when the parties are before the arbitrable tribunal itself. Stage Three, when the party who wins an award asks a national court to enforce it, or the party who loses asks a national court to set it aside or refuse to recognize and enforce it.

scholarly journals INTERACTION BETWEEN THE SETTING ASIDE OF AN AWARD AND LEAVE FOR ENFORCEMENT* An Overview on Karaha Bodas Case Tension between U.S. Court and Indonesian Court

Yuridika ◽  
2017 ◽  
Vol 30 (2) ◽  
pp. 333
Author(s):  
Sujayadi Sujayadi
Keyword(s):  
New York ◽  
Country Of Origin ◽  
The Other ◽  
District Court ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Other Hand ◽  
New York Convention ◽  
The U.S

Karaha Bodas case is a notorious case which demonstrates how is unpredictable of the Indonesian court’s practice when facing cases related to arbitration. This case shows various aberrations of the principles that have been commonly accepted in international commercial arbitration but distorted in practice, especially in Indonesia, therefore many experts in the field of international commercial arbitration always mention this case as a “pathology” in international commercial arbitration.[1] This article will examine the interaction between the attempt to set aside of the award, while on the other hand the successful party requests for enforcement in other jurisdictions. The discussion will be focused on the standings of the U.S. courts toward the annulment proceeding in and the judgement of the District Court of Central Jakarta. The findings in this article show that the U.S. courts – like any other jurisdictions – disobeyed the judgement of the annulment which was rendered by Indonesian court, because Indonesian courts were the secondary jurisdiction. In addition, the courts in which the enforcement sought may have discretion whether they will or will not enforce an award which has been vacated in the country of origin. The discretion is guaranteed under the New York Convention 1958.

Ri-leggere Tor Bella Monaca. Mappare le aree sensibili al mutamento: criticitŕ urbane come potenzialitŕ rigenerative

TERRITORIO ◽  
2012 ◽  
pp. 112-115
Author(s):  
Paola Bracchi
Keyword(s):  
The Other ◽  
City Administration ◽  
Strategic Objectives ◽  
Other Hand ◽  
Key Factor ◽  
The One ◽  
The City

Too big, fragmented, rundown and inaccessible. These and others are the reasons which the City of Rome used to justify the demolition of Tor Bella Monaca. A few questions should be asked here. Is it possible to turn the problems into potential for regenerating the neighbourhood? Is it possible to use a new description of Tor Bella Monaca to demonstrate that the project proposed by the City administration will not solve the problems identified? Strategic objectives for the regeneration project were formulated on the basis of the problems. These were permeability, connection and relationship. The map of the areas which can be changed is used as the key factor in the process. On the one hand it identifies the areas and spatial categories in which the strategic objectives are concretely addressed and on the other hand - thanks to a process of interpretation and abstraction - it is open to the determination of regenerative strategies.

scholarly journals Vanishing Set-Aside Authority in International Commercial Arbitration

2018 ◽  
Vol 18 (1) ◽  
pp. 127-154
Author(s):  
Meng Chen ◽  
Chengzhi Wang
Keyword(s):  
International Law ◽  
Common Phenomenon ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
National Courts

Summary Traditional set-aside theory is subject to considerable challenges as a result of an uncompromising trend towards autonomy and internationalism in international arbitration. The silence and ambiguity of international law regarding enforcement of set-aside arbitral awards allow some states to abandon their own set-aside authority or ignore set-aside decisions made by competent courts. This article presents a range of evidence that demonstrates the enforcement of set-aside arbitral awards has become a common phenomenon. This article first introduces robust academic debates regarding set-aside authority. Then this article exposes omission and ambiguity in the legal source, which leads to confusion in enforcement proceedings of set-aside arbitral awards. This article describes and analyses selected cases and practical data in order to summarize the approaches taken by national courts when reviewing foreign set-aside decisions. Finally, this article briefly evaluates the most promising solutions to the contradictory enforcement proceedings of set-aside arbitral awards.

The Perspectives of African Countries on International Commercial Arbitration

1993 ◽  
Vol 6 (2) ◽  
pp. 331-356 ◽  
Author(s):  
Samuel K.B. Asante
Keyword(s):  
International Economic ◽  
Developing Countries ◽  
Legal System ◽  
The Other ◽  
African Countries ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
International Legal System ◽  
Sub Saharan ◽  
The One

The participation of developing countries in the international legal system poses a perennial dilemma. On the one hand the brutal facts of international economic and commercial interdependence make such participation inevitable. On the other hand, developing countries, for various reasons and with varying degrees of intensity, have articulated their reservations, or indeed experienced considerable difficulties, with respect to such participation. This article considers this dilemma with special reference to the experience of Sub-Saharan African countries in international commercial arbitration.

Stories and the Self

2020 ◽  
Vol 32 (2) ◽  
pp. 47-58 ◽  
Author(s):  
Stefan Krause ◽  
Markus Appel
Keyword(s):  
Meta Analysis ◽  
The Self ◽  
The Other ◽  
Lower Degree ◽  
Contrast Effects ◽  
Self Perception ◽  
Self Perceptions ◽  
Other Hand ◽  
The One ◽  
Implicit And Explicit

Abstract. Two experiments examined the influence of stories on recipients’ self-perceptions. Extending prior theory and research, our focus was on assimilation effects (i.e., changes in self-perception in line with a protagonist’s traits) as well as on contrast effects (i.e., changes in self-perception in contrast to a protagonist’s traits). In Experiment 1 ( N = 113), implicit and explicit conscientiousness were assessed after participants read a story about either a diligent or a negligent student. Moderation analyses showed that highly transported participants and participants with lower counterarguing scores assimilate the depicted traits of a story protagonist, as indicated by explicit, self-reported conscientiousness ratings. Participants, who were more critical toward a story (i.e., higher counterarguing) and with a lower degree of transportation, showed contrast effects. In Experiment 2 ( N = 103), we manipulated transportation and counterarguing, but we could not identify an effect on participants’ self-ascribed level of conscientiousness. A mini meta-analysis across both experiments revealed significant positive overall associations between transportation and counterarguing on the one hand and story-consistent self-reported conscientiousness on the other hand.

Radioimmunotherapy for treatment of acute myeloid leukaemia and myelodysplastic syndrome

2005 ◽  
Vol 44 (03) ◽  
pp. 107-117
Author(s):  
R. G. Meyer ◽  
W. Herr ◽  
A. Helisch ◽  
P. Bartenstein ◽  
I. Buchmann
Keyword(s):  
Acute Myeloid Leukaemia ◽  
Myeloid Leukaemia ◽  
Primary Tumour ◽  
The Other ◽  
Haematopoietic Stem Cell ◽  
Other Hand ◽  
Primary Reduction ◽  
The One ◽  
Acute Myeloid

SummaryThe prognosis of patients with acute myeloid leukaemia (AML) has improved considerably by introduction of aggressive consolidation chemotherapy and haematopoietic stem cell transplantation (SCT). Nevertheless, only 20-30% of patients with AML achieve long-term diseasefree survival after SCT. The most common cause of treatment failure is relapse. Additionally, mortality rates are significantly increased by therapy-related causes such as toxicity of chemotherapy and complications of SCT. Including radioimmunotherapies in the treatment of AML and myelodyplastic syndrome (MDS) allows for the achievement of a pronounced antileukaemic effect for the reduction of relapse rates on the one hand. On the other hand, no increase of acute toxicity and later complications should be induced. These effects are important for the primary reduction of tumour cells as well as for the myeloablative conditioning before SCT.This paper provides a systematic and critical review of the currently used radionuclides and immunoconjugates for the treatment of AML and MDS and summarizes the literature on primary tumour cell reductive radioimmunotherapies on the one hand and conditioning radioimmunotherapies before SCT on the other hand.

The Salvage of Ideas: Schumpeter and the Core Problems Still Confronting Economics

2003 ◽  
pp. 15-26
Author(s):  
P. Wynarczyk
Keyword(s):  
The Other ◽  
The Core ◽  
Other Hand ◽  
The One

Two aspects of Schumpeter' legacy are analyzed in the article. On the one hand, he can be viewed as the custodian of the neoclassical harvest supplementing to its stock of inherited knowledge. On the other hand, the innovative character of his works is emphasized that allows to consider him a proponent of hetherodoxy. It is stressed that Schumpeter's revolutionary challenge can lead to radical changes in modern economics.

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