scholarly journals Fransız Milletlerarası Tahkim Kanunu’nun İncelenmesi

2021 ◽  
Vol 5 (23) ◽  
pp. 366-387
Author(s):  
Aynaz UĞUR
Keyword(s):  
Public Policy ◽  
Old French ◽  
International Arbitration ◽  
Freedom Of Choice ◽  
Freedom Of Contract ◽  
International Criterion

Abstract International arbitration notion contains to be commercial and to be international together, different from national arbitration notion. To be international criterion is to the fullest extent arranged in old French CPC art. 1492, which contains also French Arbitration Code. According to this article which is protected by 13 January 2011 reform; arbitration which is about international commercial benefit is an international arbitration. In 1992 French Arbitration Commitee prepared a report with the name of “Perspectives for İmprovement of French Arbitration Law”. The amendements of the directive of 13 January 2011 is neither a revolution nor an easy make up but it is a real reform which can be known as by the words clarity, definiteness, flexibility, freedom of choice, effectuality and speediness. The reform of 2011 did not changed the liberal structure of the French international arbitration law which is stand by freedom of contract and limited only by public policy. Keywords: France, International Arbitration, Freedom of Choice, Public Policy, Liberal

International Arbitration

2020 ◽  
pp. 512-536
Author(s):  
Horatia Muir Watt
Keyword(s):  
Global Governance ◽  
Global Economy ◽  
Legal Framework ◽  
Private International Law ◽  
International Arbitration ◽  
Freedom Of Contract ◽  
Private Interests ◽  
Regulatory Constraints ◽  
Nation States ◽  
Domestic Setting

This chapter discusses international arbitration as a crucial part of the legal framework that has progressively enabled the contemporary neo-liberal orientation of global governance. As such, it presents the perspective of critical private international law. If the latter discipline constitutes a significant viewpoint in this respect, it is precisely because it provided the foundational legal tools and discourse by means of which international arbitration attained such astounding success as a cornerstone of cross-border trade and investment regimes. The specific contention here is that in sanctifying freedom of contract to an unprecedented degree, including unrestricted party choice of law and forum, it has deactivated the regulatory constraints to which private actors are subject in a domestic setting and, involuntarily thereby, sealed the ‘loss of control’ by nation-states of various crucial aspects of the global economy. The chapter then explores the grievances generally addressed to arbitration as emblematic of the privatization of global governance, understood alternatively as a confiscation of power in the hands of a happy few individuals or as the subordination of public concerns to private interests.

Transnational Public Policy in International Arbitration

2020 ◽  
pp. 119-149
Author(s):  
Stavros Brekoulakis
Keyword(s):  
Public Policy ◽  
New York ◽  
Clear Distinction ◽  
Historical Evolution ◽  
International Arbitration ◽  
Rules And Principles ◽  
Recognition And Enforcement ◽  
New York Convention ◽  
Almost All

This chapter focuses on the role of transnational public policy in international arbitration. Public policy is a key concept for international arbitration because it has provided the underpinning foundations for the development of theories on transnational autonomy of arbitration. Moreover, it is enshrined in the 1958 New York Convention for the Recognition and Enforcement of Foreign Arbitral Awards as well as almost all national laws as a ground to resist enforcement of arbitral awards. The chapter then traces the historical evolution of transnational public policy and provides an overview of its legal function and rules and principles. The clear distinction between legal and non-legal conceptions of transnational public policy matters because it has important implications on the judicial function of tribunals in international arbitration.

The Oxford Handbook of International Arbitration

2020 ◽  
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Civil Society ◽  
Legal Certainty ◽  
International Arbitration ◽  
Central Values ◽  
Investment Arbitration ◽  
One Stop ◽  
Environmental Considerations

This Handbook presents and discuss today’s cutting-edge knowledge in the area of international arbitration. It reflects the different ‘languages’ used in the field and offers the reader a one-stop-shop entry into the main things we know and the main ways in which we think about international arbitration today. The Handbook is divided into seven parts. Part 1 provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part 2 analyses some of the main developments that changed the field over the last 15 years, including the rise of human rights concerns, environmental considerations, and the need for greater transparency. Part 3 focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part 4 examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part 5 discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts-of-law thinking. Part 6 presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part 7 provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

Part V Safeguarding the Process, 11 Exclusionary Rules of Evidence

2018 ◽  
Author(s):  
Sourgens Frédéric Gilles ◽  
Duggal Kabir ◽  
Laird Ian A
Keyword(s):  
Public Policy ◽  
High Standard ◽  
International Arbitration ◽  
Standard Of Proof ◽  
Rules Of Evidence ◽  
Evaluation Of Evidence ◽  
Material Evidence ◽  
Do So

This chapter outlines the exclusionary rules of evidence. In the context of investor-state arbitration proceedings, all evidence proffered by the parties is admitted into the record in the absence of exceptional circumstances. A party seeking to exclude evidence typically carries the burden to convince the tribunal that it should exclude the evidence in question. In seeking to do so, it will have to meet a reasonably high standard of proof. Consequently, exclusion of evidence is warranted only in the limited circumstances when its inclusion would violate another party’s right to be heard, the equality of the parties, or fundamental principles of international public policy. Given the exceptional nature of excluding relevant and material evidence in international arbitration, the burden is on the party seeking to exclude evidence. The exceptional nature of these limitations indicates the premium placed by international arbitration on the free evaluation of evidence by the arbitrators.

16 Stockholm

2014 ◽  
Author(s):  
Andersson Fredrik ◽  
Löf Kristoffer
Keyword(s):  
Public Policy ◽  
Case Law ◽  
Legal Framework ◽  
International Standards ◽  
International Arbitration ◽  
Chamber Of Commerce ◽  
East West

This chapter evaluates the merits of Stockholm as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Sweden; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the legal framework, the practice of the courts, and the experience of Swedish arbitration practitioners, all ensure an arbitration-friendly environment at the highest international standards. Stockholm and the Stockholm Chamber of Commerce (SCC) have long maintained a position as a preferred venue for resolving international disputes in general and disputes with an East-West dimension in particular. The long tradition of arbitration in Sweden has yielded a rich body of case law relating to arbitration, providing for a predictable procedure. The Swedish courts respect and enforce arbitration agreements and do not interfere unduly in arbitration proceedings. Awards cannot be challenged based on the merits and can be set aside only on the basis of serious procedural irregularities or narrowly defined issues of non-arbitrability or public policy.

Transgenesis in Farm Animals: Ethical Implications for Public Policy

1994 ◽  
Vol 13 (2) ◽  
pp. 195-203 ◽  
Author(s):  
T. B. Mepham
Keyword(s):  
Public Policy ◽  
Public Interest ◽  
Transgenic Animals ◽  
Farm Animals ◽  
Freedom Of Choice ◽  
Ethical Evaluation ◽  
The Public ◽  
Ethical Implications ◽  
Adequate Information ◽  
Transgenic Technologies

There is currently considerable investment in research aimed at producing transgenic farm animals with enhanced productive capacities. This article submits these prospective technologies to critical ethical evaluation. The analysis provided, focusing on issues relevant to public policy, suggests the need to introduce additional regulations governing the use of these technologies. Should their use be permitted in principle, specific legislation would seem to be required: (1) to protect the welfare of transgenic animals produced/kept in commercial enterprises; (2) to ensure the freedom of choice of purchasers of food and other products derived from transgenic animals by provision of adequate information on the source of the products; and (3) to provide a mechanism for limiting the use of transgenic technologies to those that are in the public interest.

scholarly journals Recognition and Enforcement of Arbitration Awards in Kazakhstan

2018 ◽  
pp. 358-367
Keyword(s):  
Public Policy ◽  
New York ◽  
General Meeting ◽  
Civil Procedure ◽  
International Arbitration ◽  
Procedure Code ◽  
Recognition And Enforcement ◽  
The Law ◽  
The Republic ◽  
New York Convention

Arbitration, as an alternative way to resolve commercial disputes, has been used in Kazakhstan for more than twenty years. Arbitration Court is governed by Civil Procedure Code, The Law On Enactments and the Regulatory Resolution. The expansion of the list of documents in the Regulatory Resolution does not comply with the requirements of the New York Convention and therefore, the purpose of our study is to clarify it. The research institute of private law of the Caspian University together with Kazakhstan International Arbitration prepared proposals for making amendments and supplements to the Law On Arbitration and the CPC at the request of the Arbitration Chamber of Kazakhstan. Most of the proposals developed by us were approved and included in the Draft Law of the Republic of Kazakhstan On Amendments and Supplements to Certain Enactments of the Republic of Kazakhstan On Enhancing Protection of Title and Arbitration after discussion at the meetings of the General Meeting members of Arbitration Chamber of Kazakhstan. It was proposed to bringing in compliance with the New York Convention some paragraphs of the Art. 255 and the Art. 504 of CPC and a series of articles in the Law on arbitration. In this article also given answers to some questions of the arbitration court regarding corporate and marriage dispute, as well as an issue of contradiction public policy.

scholarly journals Harmonization of Arbitration Laws in some Asian and European Countries

Pro Futuro ◽  
2021 ◽  
Vol 10 (4) ◽  
Author(s):  
Gauri Nirwal
Keyword(s):  
Public Policy ◽  
International Trade ◽  
Dispute Resolution ◽  
European Countries ◽  
International Arbitration ◽  
The Public ◽  
The World ◽  
Recognition And Enforcement ◽  
Dispute Resolution Mechanism ◽  
The Relationship

The present paper studies the relationship between domestic and international arbitration laws and the harmonization factor amongst some Asian and European jurisdictions. During the last decades, there has been a significant change and globalization in the world and with the expansion of businesses and trade a better dispute resolution mechanism is required in order to maintain the harmony in international trade. It has become a necessity to balance the domestic arbitration laws with the international ones. This brief paper identifies and comments on some of the areas where differences remain including differences in recognition and enforcement of arbitral awards in various jurisdictions over the public policy defence, and where further examination and research to reach and solve disputes amicably might be useful.

6 Conduct of the Proceedings

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
Public Policy ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Legal Regime ◽  
Mandatory Rules ◽  
Recognition And Enforcement ◽  
The Law ◽  
Arbitral Proceedings ◽  
Do So

This chapter outlines the conduct of the tribunal and the parties during arbitration proceedings. In general, an arbitral tribunal must conduct the arbitration in accordance with the procedure agreed by the parties. If it fails to do so, the award may be set aside, or refused recognition and enforcement. However, the freedom of the parties to dictate the procedure to be followed in an international arbitration is not unrestricted. The procedure must comply with any mandatory rules and public policy requirements of the law of the juridical seat of the arbitration. It must also take into account the provisions of the international rules on arbitration, such as those of the ICC, which aim to ensure that arbitral proceedings are conducted fairly. Accordingly, a balance must be struck between the parties’ wishes concerning the procedure to be followed and any overriding requirements of the legal regime that governs the arbitration.

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