scholarly journals The Power of an Arbitral Tribunal to Determine Its Own Jurisdiction in International Commercial Arbitration

2021 ◽  
Vol 12 (02) ◽  
pp. 379-391
Author(s):  
Patricia N. S. Kamanga
Keyword(s):  
Arbitral Tribunal ◽  
Commercial Arbitration ◽  
International Commercial Arbitration

Part III Arbitral Rules, 16 Rules of Arbitration of the International Chamber of Commerce (ICC)

2019 ◽  
Author(s):  
Baumann Antje
Keyword(s):  
Dispute Resolution ◽  
Arbitral Tribunal ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Time Limits ◽  
Chamber Of Commerce ◽  
International Court ◽  
Arbitral Proceedings ◽  
Number Of Parties ◽  
International Chamber Of Commerce

This chapter discusses the arbitration rules of the International Chamber of Commerce (ICC). It begins with a background on the ICC International Court of Arbitration, with emphasis on its role in the development of international commercial arbitration. It then examines the 2017 ICC Arbitration Rules, citing some relevant figures related to ICC arbitration for the year 2017, including the number of parties involved in cases, the arbitral tribunals, and awards rendered by arbitral tribunals. Figures on other ICC dispute resolution rules are also given. The chapter concludes with a commentary of Articles 1–42 of the ICC Arbitration Rules, which cover topics such as definitions; time limits for written notifications or communications; request for arbitration and the respondent’s counterclaims to such a request; effect of the arbitration agreement; constitution of the arbitral tribunal; appointment, confirmation, challenge, and replacement of arbitrators; and rules of law applicable to the arbitral proceedings.

Intellectual Composition of Arbitral Tribunals According to the New Saudi Arbitration Law

2019 ◽  
Vol 33 (1) ◽  
pp. 99-108
Author(s):  
Reyadh Mohamed Seyadi
Keyword(s):  
Saudi Arabia ◽  
Significant Feature ◽  
Arbitral Tribunal ◽  
Legal Tradition ◽  
Kingdom Of Saudi Arabia ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
National Courts ◽  
Model Law ◽  
Law Degree

Abstract One significant feature of arbitration that distinguishes it from litigation in national courts, is the parties’ freedom to select the arbitrator or members of the arbitral tribunal familiar with the kind of dispute that might arise or already has arisen. In 2012, a new arbitration law was issued in the Kingdom of Saudi Arabia (KSA) inspired by the texts of the Model Law on International Commercial Arbitration. In all its provisions it included the requirement not to violate Sharīʿah law (Islamic legal tradition). However, according to this law, the sole arbitrator or presiding arbitrator must hold a Bachelor of Laws (LLB) or Sharīʿah law degree. This provision is mandatory, and the parties cannot agree otherwise. This article seeks to provide some thoughts on this restriction through an analysis of arbitrator qualifications under Sharīʿah law in order to provide a better understanding of the position adopted by the KSA Arbitration Law.

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

Part IV International Treaties, 20 UNCITRAL Model Law on International Commercial Arbitration

2019 ◽  
Author(s):  
Roth Marianne
Keyword(s):  
United Nations ◽  
Arbitral Tribunal ◽  
International Treaties ◽  
Commercial Arbitration ◽  
National Legislation ◽  
International Commercial Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
Recognition And Enforcement ◽  
Model Law

This chapter provides an overview of the Model Law on International Commercial Arbitration (Model Law) of the United Nations Commission on International Trade Law (UNCITRAL). The UNCITRAL Model Law is considered one of the most important texts in international commercial arbitration and serves as a basis for harmonizing national legislation in this field. The chapter examines the drafting process for the UNCITRAL Model Law as well as the underlying objectives and principles of the Model Law, its structure (nine chapters and thirty-six articles), and its adoption by various states. It concludes with a commentary on the UNCITRAL Model Law, which covers topics ranging from basic definitions and general provisions to the arbitration agreement, the composition of the arbitral tribunal, the jurisdiction of the arbitral tribunal, the conduct of arbitral proceedings, the making of the arbitral award and recourse against the award, and the recognition and enforcement of foreign awards.

scholarly journals NEWLY REFORMED PROCEEDINGS OF THE ARBITRATION AWARDS REVIEW AND INTERNATIONAL COMMERCIAL ARBITRATION AWARDS APPEAL IN CIVIL PROCEDURAL LEGISLATION OF UKRAINE

2019 ◽  
pp. 29-35
Author(s):  
Yu. Prytyka ◽  
D. Prytyka
Keyword(s):  
Judicial Review ◽  
Arbitral Tribunal ◽  
Unified Approach ◽  
Interested Party ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Time Limits ◽  
National Courts ◽  
Initial Stage ◽  
Legal Nature

This article deals with the novelties of the reformed procedural legislation of Ukraine on appealing the decision of arbitration court and international commercial arbitration, as well as on new approaches to determining the legal nature of the proceedings in cases of appealing arbitration awards. At the same time, this study shows that the specific practical problems of a unified approach to terminology absence, in particular, "appeal" by arbitral tribunal or "challenge" by international commercial arbitration, still remain. In this article the problems of determining the objects of appeal and the expansion of the range of subjects of appeal against the decisions of arbitral tribunals, as well as the disputable issues, determining the jurisdiction of this category of cases are also considered. Special attention is paid to the examining the procedure for reviewing applications for annulment of decisions of the arbitral tribunal and international commercial arbitration, in particular the initial stage of production, time limits for challenging the arbitration award. Taking this into account, authors identify the ways to resolve the abovementioned practical problems, as well as the prospects for further reform of the judicial review institution over the enforcement of arbitral tribunals and international commercial arbitration decisions. In conclusion, authors prove, that the activity of national courts does not include the revision of the decisions of arbitration courts and international commercial arbitrations, since national courts do not check the legality and validity of the decisions; they do not review the substantive decision. In this case we consider a special mechanism for the control over the abuse of arbitrators' powers granted to them by law and by the parties to the arbitration agreement during the dispute resolution.The purpose of an appeal is to provide the interested party with the opportunity to apply limited judicial review of the arbitral award.

Applicability of the UNIDROIT Principles as the Law Governing the Merits of Arbitration in the Gulf Cooperation Council Countries

2020 ◽  
pp. 1-22
Author(s):  
Amin Dawwas ◽  
Tareq Kameel
Keyword(s):  
Gulf Cooperation Council ◽  
Arbitral Tribunal ◽  
Commercial Arbitration ◽  
Party Autonomy ◽  
International Commercial Arbitration ◽  
Rules Of Procedure ◽  
The Subject ◽  
The Law

Abstract According to the principle of party autonomy, the disputant parties may choose the law applicable to the merits of international commercial arbitration. In the absence of the parties’ choice, the arbitral tribunal shall determine this law. This article discusses the applicability of ‘rules of law’, namely the UNIDROIT Principles of International Commercial Contracts (UNIDROIT Principles) to the merits of the dispute. It shows whether the UNIDROIT Principles can be selected by the disputant parties or the arbitral tribunal to govern the subject of the dispute under the Arbitration Laws of the Gulf Cooperation Council (GCC) Countries as well as the Constitution and the Arbitral Rules of Procedure of the GCC Commercial Arbitration Center (GCCCAC).

The Impartiality and Independence of Arbitrators in International Commercial Arbitration

2022 ◽  
Author(s):  
Stavroula Angoura
Keyword(s):  
Public Policy ◽  
Conflicts Of Interest ◽  
Case Law ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration

Since arbitrator’s impartiality and independence constitutes the bedrock of international arbitration, more and more recent arbitral awards have been annulled or vacated on the grounds of lack of arbitrator’s impartiality. This work investigates whether a common international public policy core exists with regard to the concepts of impartiality and independence of arbitrators in international commercial arbitration. The book addresses the different constellations of arbitrator bias as considered by the courts of various jurisdictions, especially France, England, Switzerland, Greece and Germany. By introducing the ‘justifiable doubts’ to an arbitrator’s impartiality criterion and analyzing the above-mentioned national case law, the book categorizes instances that constitute lack of impartiality with reference to and interpretation of the IBA Guidelines on Conflicts of Interest in International Arbitration 2014. The work examines and systematizes how arbitrator impartiality can be contested at different stages of procedure: upon constitution of the arbitral tribunal, during arbitration proceedings, as well as after the rendering of the award at annulment, recognition or enforcement stage, while providing answers to the following questions: what must an arbitrator disclose; should an arbitrator investigate a possible fact or circumstance that may affect her impartiality, and to what extent; what is the relevance of the fact affecting arbitrator impartiality being obvious, well-known or easily accessible by the parties; under which preconditions could a party waive its right to contest lack of impartiality-implicitly or expressly. This study focuses specifically on the institution of waiver and analyses how it prevents a party from contesting arbitrator impartiality at the next procedural stage, should it fail to follow the specific procedures and preconditions - an issue that is unexamined in the literature to date.

scholarly journals La entrada e intervención de terceros en el arbitraje comercial internacional = Joinder and intervention of additional parties in international commercial arbitration

2020 ◽  
Vol 12 (1) ◽  
pp. 365
Author(s):  
María Victoria Sánchez Pos
Keyword(s):  
Third Parties ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Party Autonomy ◽  
International Commercial Arbitration ◽  
The Right ◽  
Privacy And Confidentiality

Resumen: En el marco del arbitraje multiparte, la entrada e intervención de terceros es definida como la incorporación de partes adicionales a un arbitraje ya iniciado. Este mecanismo procesal presenta, sin embargo, multitud de dificultades que derivan de la naturaleza eminentemente consensual de la institución arbitral. Así, entre otras, la constancia de la voluntad -expresa o tácita- de todas las partes involucradas en el arbitraje a la entrada del tercero o la salvaguarda de su derecho esencial de participar de manera directa y equitativa en la constitución del tribunal arbitral y de las garantías de privacidad y confidencialidad del arbitraje. Partiendo de estas someras premisas, este trabajo tiene como objetivo el análisis crítico de las disposiciones específicas sobre la admisibilidad y presupuestos de la entrada e intervención de nuevas partes en el arbitraje que las instituciones arbitrales internacionales de mayor relevancia han regulado en los últimos años.Palabras clave: Entrada, intervención, terceros, partes adicionales, arbitraje multiparte, tribunal arbitral.Abstract: One of the major challenges that international arbitration has faced in the last decades is the regulation of multiparty arbitrations, which involve a confrontation between more than two parties with opposing interests. In this context, joinder and intervention deals with the need, in terms of justice and efficiency, to bring an additional party into the proceedings when the arbitration may already be in progress. However, the main characteristic of arbitration is its consensual nature. For this reason, mechanisms for joinder or intervention present considerable difficulties related to the principle of party autonomy, the right to equally participate in the nomination of the arbitrators and the protection of privacy and confidentiality in arbitration proceedings. Apart from dealing with these difficulties, the author discusses in this article the latest joinder provisions contained in leading arbitral rules.Keywords: Joinder, Intervention, Third parties, Additional parties, Multiparty Arbitration, Arbitral Tribunal

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