Alternative Dispute Resolution and Private International Law

2015 ◽  
Author(s):  
Horst Eidenmueller ◽  
Helge Grooerichter
Keyword(s):  
International Law ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Private International Law

scholarly journals Cross‑Border Mediation: Towards a Balanced Framework for Cross‑Border Dispute Resolution in the European Union

2021 ◽  
Vol 24 (4) ◽  
pp. 515-560
Author(s):  
Martin Senftl
Keyword(s):  
European Union ◽  
International Law ◽  
Dispute Resolution ◽  
Legal Framework ◽  
Private International Law ◽  
The European Union ◽  
Playing Field ◽  
Cross Border ◽  
Border Dispute ◽  
The Eu

This paper takes the entry into force of the Singapore Convention on Mediation on 12 September 2020 as an opportunity to reconsider whether the European Union has reached its once ambitious goal to create a balanced relationship between mediation and litigation in cross-border disputes. After a brief overview of the current legal framework for cross-border mediation in the EU in the first section, the meaning of the concept of a balanced relationship and its implications for the regulation of mediation in cross-border disputes are analysed. Starting with the observation that the use of cross-border mediation is still very limited, this second section argues that attempts to establish a balanced relationship in quantitative terms are misguided. Instead of attempting to correct alleged decision deficits by the parties to a dispute, the paper emphasises the regulatory responsibility of European legislators to create a level playing field for different cross-border dispute resolution mechanisms. In this respect, the third section identifies the surprising absence of private international law rules in the EU’s mediation framework as a structural disadvantage of mediation, as compared to litigation and arbitration. The last part of the paper examines in detail the interaction between mediation and the Brussels Ia Regulation to provide specific examples of legal obstacles to cross-border mediation and potential ways to overcome them.

Islamic Law in Western Europe

2015 ◽  
pp. 724-750
Author(s):  
Mathias Rohe
Keyword(s):  
International Law ◽  
Alternative Dispute Resolution ◽  
Western Europe ◽  
Islamic Law ◽  
Religious Practice ◽  
Legal Aspects ◽  
Private International Law ◽  
The Third ◽  
History Of ◽  
Substantive Law

This article is divided into three parts. The first part provides a short overview of the history of Islamic law in Western Europe. The second part explains in some detail the different legal levels for the application of Islamic law in Western Europe (private international law; optional substantive law; implementation of Islamic norms; alternative dispute resolution), and describes the scope and limits of such application. The third part contains a brief introduction to the legal aspects of Islamic religious practice in the region, followed by a description of contemporary trends regarding the interpretation and handling of shari‘a norms among Muslims in Western Europe.

Chronology of Practice: Chinese Practice in Private International Law in 2018

2019 ◽  
Vol 18 (4) ◽  
pp. 933-980
Author(s):  
Qisheng He
Keyword(s):  
International Law ◽  
Dispute Resolution ◽  
Personal Injury ◽  
Private International Law ◽  
Judicial Interpretation ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
One Stop ◽  
The One ◽  
Dispute Resolution Mechanism

Abstract This paper contains materials reflecting the practice of Chinese practice in private international law in 2018. First, the statistics of the foreign-related civil or commercial cases decided by Chinese courts is extracted from the Report on the Work of the Supreme People’s Court (SPC) in 2018. Second, the SPC judicial interpretation concerning the enforcement of arbitral awards is translated, and the interpretation reflects a pro-arbitration tendency in Chinese courts. Third, six cases, on the validity of a choice of court clause, the conflict of laws issues regarding personal injury on the high seas, visitation rights and uncontested divorces, as well as the recognition of foreign judgments, are noted. Fourth, the paper introduces a case embodying the “one-stop” international commercial dispute resolution mechanism in Chinese courts. Finally, the paper also covers six representative decisions regarding the parties’ status, the presumption of the parties’ intention as to choice of law, and the validity of arbitration agreements.

scholarly journals Analisis Yuridis Penyelesaian Sengketa Perbatasan Laut Antara Indonesia Vietnam Di Perairan Zona Ekonomi Eksklusif Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 167-188
Author(s):  
Rizza Ayu S ◽  
Ramlan Ramlan ◽  
Rahayu Repindowaty
Keyword(s):  
International Law ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Exclusive Economic Zone ◽  
International Peace ◽  
Legal Regime ◽  
Normative Study ◽  
Peace And Security ◽  
Economic Zone

The sea border between Indonesia and Vietnam is a maritime border located in the South China Sea. Until now, there have been several problems that have occurred especially in the exclusive economic zone between Indonesia and Vietnam, which have not been completely resolved. The exclusive economic zone is an area outside and adjacent to the territorial sea which is subject to a special legal regime for international maritime law. Based on the principles of international peace and security, there are several attempts shown to create good relations between countries in resolving disputes that occur. The principle referred to in resolving international disputes is to provide a way for parties to a dispute to resolve their disputes based on international law. There are two methods of settlement known in international law, that is peacefully and in war (military). Dispute settlement procedures for countries that are interconnected with maritime territories between countries can be seen in Article 287 UNCLOS 1982 which regulates alternatives and dispute resolution procedures. This research is a normative study that examines sources related to the issues discussed. The results of this study conclude that in resolving disputes between Indonesia and Vietnam regarding maritime boundaries in the waters of the Exclusive Economic Zone, it can be resolved with various alternative dispute resolution alternatives as described in the 1982 UNCLOS framework, that is a) peaceful dispute resolution, b) dispute resolution with mandatory procedures. Each country is given the freedom to choose an alternative that will be used in resolving the dispute that is being faced what both parties want both take the litigation route (court route)as well as non-litigation channels (out of court) as regulated in Article 280 UNCLOS 1982.

Arbitration in Syria: Navigating Postwar Disputes

2021 ◽  
pp. 1-22
Author(s):  
Faris Elias Nasrallah
Keyword(s):  
International Law ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Peaceful Settlement ◽  
Salient Features

Abstract The place of arbitration within the Syrian legal system has received scant academic and professional attention, and as such, remains largely unstudied. Shedding much-needed light on the nature of arbitration in Syria as a resilient form of ancient customary Arab alternative dispute resolution, this contribution appraises the salient features of the Syrian Arbitration Law 2008 and arbitration-related provisions within recent Syrian legislation. It aims to understand the position of arbitration in Syria between existing national and international law frameworks for dispute settlement and to assess the potential for establishing independent, transparent, and efficient tribunals to resolve disputes arising out of ongoing conflicts that have plagued the country since 2011. If arbitration proves to be a mechanism for ordering the peaceful settlement of postwar disputes within and concerning Syria, parties, practitioners, and stakeholders must employ perspectives that include and are capable of navigating Syria’s existing arbitration landscape.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 60 Guatemala: Guatemalan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Montano Pedro Mendoza ◽  
Guzman Enrique Martinez
Keyword(s):  
Latin America ◽  
International Law ◽  
Dispute Resolution ◽  
Private International Law ◽  
International Treaties ◽  
Applicable Law ◽  
General Terms ◽  
General Rules ◽  
The Hague ◽  
Dispute Resolution Mechanism

This chapter describes Guatemalan perspectives on the Hague Principles. In Guatemala, the sources of Private International Law for international commercial contracts are: (i) international treaties, comprised of: the Convention on Private International Law (Bustamante Code) and the Inter-American Convention on General Rules of Private International Law (Second Inter-American Specialized Conference on Private International Law); and (ii) national laws. In general terms, the Guatemalan private international law regime applicable to international commercial contracts recognizes the ability of parties to a contract to choose the applicable law. Notwithstanding, important differences deriving from such regime may apply, and will ultimately depend on the type of dispute resolution mechanism the parties are using: litigation or arbitration. Currently, there are no on-going revisions or proposed revisions of the Guatemalan national laws or international treaties that provide rules of private international law for international commercial contracts. In the event that the rules of private international law would be revised, the Hague Principles could play a role, as they facilitate the legislative body’s task of creating a new statute and put forward the most advanced developments in the matter. For this to happen, however, the Hague Principles should be disseminated and made available and known to all relevant parties.

Cross-Border Intellectual Property Enforcement

2017 ◽  
Author(s):  
Eun-Joo Min ◽  
Johannes Christian Wichard
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Alternative Dispute Resolution ◽  
Global Environment ◽  
Private International Law ◽  
Applicable Law ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
Territorial Rights ◽  
Local Courts

This chapter identifies national and regional approaches adopted to ensure that intellectual property (IP) rights are enforceable in a global environment constituted by territorial rights that rely on local courts. It discusses reconsideration and recalibration of the private international law (PIL) rules that govern IP relationships in relation to jurisdiction, applicable law and recognition and enforcement. The chapter also explores the emergence of new fora for cross-border IP enforcement, through either trade or investment arrangements or privately designed alternative dispute resolution (ADR) mechanisms. It concludes by underscoring the continued relevance of the territoriality of IP rights, and the importance of coherence and mutual consistency between the different legal systems and regimes of cross-border IP enforcement.

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