scholarly journals International Commercial Arbitration Institutes

2013 ◽  
Author(s):  
Uğur Sayın
Keyword(s):  
New York ◽  
Point Of View ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The People ◽  
New York Convention ◽  
Domestic Law

Because of exportation and importation of countries, the amount of commerce enlarged, therefore foreign agreements increased. Because of having differnet law systems of the contries the people, working on permanent investment and commerce wishes to have the suitable arbitration that they want.From this point of view, begining from the year 1898, It has been worked on to develop contraptions do international authorized commercial court’s duty. Then permanent arbitration council was established, Cenevre Convention, New York Convention was established, and the rules of international arbitration called UNCITRAL was constituted. The countries which are the contracting parties of these agreements, agreed that the implement of rules on their own domestic law systems. In addition, they delegated compulsory execution for these rules. Beside this, to organise the international commercial arbitration, countries and private institues are founded arbitration institues. Today there are hundereds of international commercial arbitration institues, which are called as the same name of their city’s, the most favorite and their woking systems are explaned.

Part 1 Fundaments of Arbitration in Brazil, 2 Comments of the Brazilian Arbitration Law

2020 ◽  
Author(s):  
Sester Peter
Keyword(s):  
New York ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Recognition And Enforcement ◽  
Model Law ◽  
New York Convention ◽  
Definition Of

This chapter examines the Brazilian Arbitration Law (BAL) of 1996. The BAL is a standalone act encompassing roughly 40 articles. It is divided into eight chapters and is applicable to both domestic and international arbitration, except for Chapter VI (The Recognition and Enforcement of Foreign Awards), which is modelled on the New York Convention (NYC). Hence, the BAL legislator adopted a monistic approach. Consequently, the BAL contains no definition of domestic or international arbitration, but only defines the term foreign award. According to article 34, sole paragraph BAL, an award is considered a foreign award if it was rendered outside the territory of Brazil. The present translation of the BAL builds on the terminology of the UNCITRAL Model Law on Commercial Arbitration and the NYC because both documents inspired the authors of the BAL and are cornerstones of international arbitration. This chapter of the book then provides comments on the BAL article by article.

Part 2 Determining the Applicable Attorney–Client Privilege Standard, 8 Applicable Privilege Standard in International Commercial Arbitration

2017 ◽  
Author(s):  
Möckesch Annabelle
Keyword(s):  
New York ◽  
Legal Framework ◽  
Equal Treatment ◽  
Common Denominator ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Mandatory Rules ◽  
Recognition And Enforcement ◽  
New York Convention

This chapter contains an analysis of the most appropriate way to determine the applicable attorney–client privilege standard in international commercial arbitration. To this end, this chapter deals with the characterization of privilege as substantive or procedural, the legal framework for attorney–client privilege in international commercial arbitration, international mandatory rules of law, and the enforcement regime under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Against this background, the chapter includes an analysis of the possible approaches to determining the privilege standard. These include the application of general principles of law, the application of a single national law determined through a choice-of-law approach such as the closest connection test, the cumulative application of several national laws, and the creation of an autonomous standard defining the scope of attorney–client privilege. Lastly, the chapter examines whether corrective measures, such as the lowest common denominator approach or the most protective rule, are needed to ensure equal treatment of the parties and fairness of the proceedings. This chapter concludes with key findings on how to determine the applicable attorney–client privilege standard in international commercial arbitration.

Practitioner's Handbook on International Commercial Arbitration

2019 ◽  
Keyword(s):  
New York ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
International Arbitration ◽  
General Introduction ◽  
Comprehensive Overview ◽  
Commercial Arbitration ◽  
Model Law ◽  
New York Convention

This book provides reports on the arbitration systems and laws of thirteen countries in addition to commentaries on the arbitration rules of the International Criminal Court (ICC), the International Centre for Dispute Resolution (ICDR), the London Court of International Arbitration (LCIA), and UNCITRAL Arbitration Rules as well as on the UNCITRAL Model Law and the New York Convention. This comprehensive overview of the key arbitral jurisdictions and the most important arbitral rules and conventions makes it a unique and indispensable work that belongs on the desk of each practitioner. The book combines a practical approach with in-depth legal research and analyses of important national and international case law. This new edition is written to meet the needs of both the non-specialist lawyer requiring quick and useful information on a particular legal system or set of rules or who is interested in a concise general introduction into the law of international arbitration, and the experienced arbitration practitioner looking for well-founded information on a particular issue.

International Commercial Arbitration: Implementing the New York Convention

2009 ◽  
pp. 185-307
Author(s):  
Edward Brunet ◽  
Richard E. Speidel ◽  
Jean E. Sternlight ◽  
Stephen H. Ware
Keyword(s):  
New York ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
New York Convention

Impecunious parties in international commercial arbitration

2020 ◽  
Vol 36 (1) ◽  
pp. 123-146
Author(s):  
Marcel Carvalho Engholm Cardoso
Keyword(s):  
New York ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Uniform Solution ◽  
New York Convention

Abstract This article discusses the possible effects that a party’s lack of funds can have on the arbitration agreement. It explains the different theories used to deal with this issue and proposes to classify them into substantive and jurisdictional solutions, depending on whether they propose an actual answer or examine it from a competence–competence perspective, thus simply deferring the question to the arbitrators without further guidance. The former category can also be divided into two further subgroups, in accordance with the weight given to the contractual nature of arbitration or to its jurisdictional nature. Finally, the article proposes a uniform solution under the New York Convention, arguing that impecuniosity might fall under the ‘incapable of being performed’ exception of article II(3). It concludes by proposing a narrow construction of this exception and putting forward four factors that practitioners should consider when deciding whether impecuniosity can void or suspend the effects of arbitration agreements.

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