Arbitration & Alternative Dispute Resolution in India: Issues & Challenges in International Commercial Arbitration

2012 ◽  
Author(s):  
Rohit Bafna ◽  
Rhea Srivastava
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Commercial Arbitration ◽  
International Commercial Arbitration

scholarly journals The Resolution of International Trade Disputes through Arbitration

2020 ◽  
Vol 2 (1) ◽  
pp. 296-301
Author(s):  
Nufaris Elisa
Keyword(s):  
International Trade ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Trade Disputes ◽  
Commercial Arbitration ◽  
Trade Finance ◽  
International Commercial Arbitration ◽  
Trade Dispute ◽  
The World

If an international trade dispute occurs, so that the ways of resolution can be reached through non-litigation (alternative litigation) or Alternative Dispute Resolution (ADR). The facilities classified as ADR other than Arbitration facilities as contained in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution which includes facilities including Meditation facilities, Negotiation facilities, Consolidation facilities, and other facilities. Based on the Arbitration Law it provides an opportunity to resolve trade disputes through the Arbitration institution and it is very appropriate if this institution has a very important role in resolving disputes that occur in the world of international trade. The scope of disputes which can be tried in a trial of the International Commercial Arbitration institution must be related to the issue of trade, finance and general trading (commerce), while those relating to other matters have nothing to do at all.

scholarly journals International Commercial Arbitration and the Canadian Experience

1995 ◽  
Vol 34 (1) ◽  
pp. 137 ◽  
Author(s):  
David R. Haigh ◽  
Alicia K. Kunetzki ◽  
Christine M. Antony
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Canadian Experience ◽  
The Future ◽  
Model Law ◽  
International Conventions

International Commercial Arbitration although enjoying a long pedigree, has only recently become a "hot topic." This is due to the growing trends towards institutionalizing and unifying ICA processes. These trends are signified by the rise in private, neutral arbitration institutions and by the adoption, in many states, of international conventions and model laws. The unification of laws is the most recent process in this trend. These trends are all examined in some detail. It is noted how the lex arbitri, or law of the situs of the arbitration, can affect the rules and procedures of the arbitration. The UNCITRAL Model Law is examined as the key example of the unification of laws movement. The alternative dispute resolution provision of NAFTA is also commented on. The authors then focus specifically on Canada's contributions to and participation in ICA. In an important closing section, Canadian jurisprudence interpreting the new Canadian ICA legislation is comprehensively surveyed. The authors conclude by giving an outlook on the future of ICA and Canada's role therein.

scholarly journals Intellectual property disputes and international arbitration

2021 ◽  
Vol 58 (3) ◽  
pp. 929-941
Author(s):  
Ay Yunus Emre
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Suitable Alternative ◽  
International Commercial Arbitration ◽  
Set Up ◽  
Commercial Disputes

International arbitration is widely enjoyed in international commercial disputes. Popular arbitral institutions are known for international commercial disputes. Moreover, academic papers generally analyse international commercial arbitration. However, intellectual property disputes are also resolved in arbitration. Therefore, WIPO set up arbitration and mediation institution in its body. Purpose of this paper is to emphasize that arbitration is also suitable alternative dispute resolution for intellectual property disputes.

Emergency Arbitrator: Indian Prospects

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Dr. Ashish Kumar Srivastava
Keyword(s):  
Dispute Resolution ◽  
Third Parties ◽  
Real Problem ◽  
Anglo Saxon ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
National Courts ◽  
High Courts ◽  
Interim Measures ◽  
Indian Perspective

International commercial arbitration is one of the most favourite mode of dispute resolution in world for resolving commercial disputes. Speed and cost are two important features what makes arbitrationa sought-after mode for dispute resolution because in conventional dispute resolution by courts ‘Remedy becomes worse than malady’ due to delay and cost. Legalism and authoritative courts in Anglo Saxon societies make the justice dilatory and expensive which is termed analogically as a disease of ‘Adversariasis’. Judicial minimalism is encouraged by entrepreneurs and business class of world which results in enhanced thrust on international commercial arbitration. In any arbitration interim measures are sine quo non. The irreparable loss and balance of convenience demands intervention by authoritative body to order and issue processes which can binds parties and third parties. In such cases unless interim measures are sought by municipal national courts no effective and binding interim remedies can be granted to the parties and third parties. The arbitrator once appointed is competent enough to grant interim measures and it can also decide about its jurisdiction based on doctrine of Kompetenz-Kompetenz. However, if before the appointment of arbitrator, the need of urgent interim measures arises then obviously parties have to go to the municipal national courts but this judicial intervention is not the intent of parties as they are seeking judicial minimalism. In such situations the urgent interim measures can be granted by emergency arbitrator. The Arbitration and Conciliation Act, 1996 is silent about emergency arbitrator but Delhi and Bombay High Courts have given some pragmatic judgments, making the provision of emergency arbitrator, a reality. The real problem in emergency arbitrator is how one can grant interim relief even without being in existence i.e. when arbitrator itself is non est. ICC, SIAC and LCIA provide for emergency arbitrator. In this paper the author has tried to make an analytical and comparative overview of emergency arbitrator in Indian Perspective.

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.

International Commercial Arbitration

2020 ◽  
pp. 768-791
Author(s):  
Yves Dezalay ◽  
Bryant G. Garth
Keyword(s):  
Developing Countries ◽  
Dispute Resolution ◽  
Multinational Enterprises ◽  
Global Trade ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Chamber Of Commerce ◽  
Institutional Entrepreneurs ◽  
Marginal Group ◽  
International Chamber Of Commerce

This chapter traces the development of international commercial arbitration, which is often presented as a response to the demand for law and dispute resolution created naturally by an increase in transnational commerce and investment. Indeed, the International Chamber of Commerce (ICC) in Paris was relatively marginal from its establishment in 1923 until the increase in global trade and commerce that came in the 1970s and 1980s. The demand naturally created the supply. Based on the recognition that this market was not inevitable, it has been argued that the rise of international commercial arbitration depended on institutional entrepreneurs around the ICC. The chapter then looks at how the relatively marginal group around the ICC that Sgard studies gained credibility and acceptance from both multinational enterprises and developing countries.

Part V International Dispute Resolution, 19 International Commercial Arbitration

2015 ◽  
Keyword(s):  
Dispute Resolution ◽  
Commercial Arbitration ◽  
Conflict Of Laws ◽  
International Commercial Arbitration ◽  
National Courts ◽  
International Dispute ◽  
Recognition And Enforcement ◽  
Model Law ◽  
The Relationship ◽  
Distinguishing Features

This chapter examines the nature of international commercial arbitration and its distinguishing features; the harmonisation of the law of international commercial arbitration; international arbitration and the conflict of laws; the review of arbitral awards; and the recognition and enforcement of arbitral awards. Consideration is given to the contribution made by the UNCITRAL Model law on International Commercial Arbitration and to the rules of various arbitral institutions (such as the ICC) to the harmonisation of arbitral law and practice. Also examined is the relationship between arbitration and national courts and national law, particularly in the context of the debate over delocalisation.

Enercon India v. Enercon GmbH: Concluded Contract, Arbitration and Intellectual Property

2014 ◽  
pp. 1-12
Author(s):  
Anurag K. Agarwal
Keyword(s):  
Technology Transfer ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Resolution Method ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Doing Business ◽  
The Status ◽  
Court Proceedings

The case deals with the issues of technology transfer and protection of intellectual property in an international contract, with the International commercial arbitration as the dispute resolution method. The case highlights the distrust between parties when they do not want to continue doing business together and the use of legal technicalities to delay the matter from settling and utter confusion due to international nature of contract, multiple court proceedings in different countries and even questioning the status of the contract – whether a concluded contract or not.

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