International Arbitration: Selected Preliminary Topics (original) (raw)

International Commercial Arbitration – Enforcement of Arbitral Awards Revisited

International Comparative Jurisprudence, 2019

International commercial arbitration is becoming increasingly convoluted, and hence requires a certain degree of uniformity in order to achieve true international applicability. As a result of this complexity, after arbitration proceedings finish both the national courts of the seat of arbitration and the national courts of enforcing jurisdiction are caught in the dilemma of how to interact with each other, as well as with the arbitral awards produced by arbitral tribunals. This article assesses this phenomenon critically in order to weight current developments in arbitration against the normative structure of arbitration as they were originally intended.

Review of The Principles and Practice of International Commercial Arbitration by Margaret L. Moses

Berkeley Journal of International Law, 2013

In recent decades, globalization has expanded and strengthened states’ economic relations around the world. In this context, the effects of globalization have benefited private commercial entities by providing them broader and more attractive means of concluding transactions. As a consequence, international transactions have experienced increasing degrees of complexity regarding legal matters. The old paradigm that applied local laws in every dispute is no longer the answer for new international transactions. The latest element of internationalization involves application of other countries’ laws and, consequently, involvement of their judicial systems. This latter effect represents a disadvantage for private entities unfamiliar with the legal system of a particular country. International litigation can also be very expensive, and it may take several years before the parties reach a final resolution. Therefore, parties are usually resistant to subjecting themselves to the jurisdicti...

A comparison of selected international arbitration rules

Alternatives To The High Cost of Litigation, 2008

The author is a Stamford, Conn., commercial lawyer, litigator, arbitrator and mediator. He is a Fellow and Chartered Arbitrator of the Londonbased Chartered Institute of Arbitrators, and serves on its Board of Trustees. He is a frequent speaker, trainer, and author in the ADR field. His website is www.certilman.com.

An analysis of the powers of arbitrators in International Commercial Arbitration

2008

The aim of this study is to analyse the powers of an arbitral tribunal conducting arbitration proceedings under the UNCITRAL Model Law on International Commercial Arbitration and under the English Arbitration Act of 1996. The study rests on an accumulation of case law, current and secondary literature. The Thesis is divided into two parts of four and two chapters respectively. Chapter one lays down the foundational framework upon which the arbitral tribunal's powers are established and the basic standard of behaviour expected from a tribunal performing a juridical duty. The chapter identifies an arbitration agreement as a pillar upon which the process of international commercial arbitration rests. It discusses the essential attributes of the parties' agreement in detail and shows the effect that these have on the powers of a tribunal. It also shows how the expected standard of behaviour impacts on a tribunal's work. The study in essence shows how the parties are able to use their independent controlling power over the arbitration process to privately design their own dispute resolution mechanism.