Arbitrating International Trade Disputes: What Does the Future Hold?

2019 ◽  
Author(s):  
Penelope Ridings
Keyword(s):  
International Trade ◽  
Trade Disputes ◽  
The Future

Outsourcing FTA Dispute Settlement Administration to Third-Party International Arbitral Institutions: Opportunities and the Role of the Permanent Court of Arbitration

2020 ◽  
Vol 19 (1) ◽  
pp. 49-78
Author(s):  
Scott Falls
Keyword(s):  
International Trade ◽  
Dispute Settlement ◽  
Third Party ◽  
Trade Disputes ◽  
Contracting Out ◽  
Administrative Functions ◽  
The Future ◽  
Future Viability ◽  
Potential Benefits

Abstract With the future viability of WTO dispute settlement being uncertain, states may be required to rely on the dispute settlement mechanisms of their FTAs to provide a forum for litigating international trade disputes. Given however that these mechanisms have historically been inefficient and ineffective, it would be judicious for states to consider delegating the administrative functions of FTA dispute settlement to a third-party arbitral institution in order to remedy these deficiencies. This article analyzes both the factors impelling states to consider contracting out the administrative function of FTA dispute settlement, as well as the potential benefits states can reap by pursuing this strategy. Assessing the strengths and potential drawbacks of delegating FTA dispute settlement administration to the Permanent Court of Arbitration in particular, this article argues that the PCA is well positioned to undertake effective and efficient administration of FTA trade disputes.

Blockchain Technology in International Trade in Goods

2019 ◽  
pp. 184-202
Author(s):  
Dagmar Gesmann-Nuissl
Keyword(s):  
International Trade ◽  
Data Set ◽  
Blockchain Technology ◽  
Legal Challenges ◽  
The Future ◽  
Transport Industry ◽  
Technical Revolution

No other technology has been mentioned as frequently as blockchain technology. No less than a technical revolution should go along with it. In addition to a brief introduction to the functionality of the blockchain technology, this chapter will also highlight various fields of application and the related legal challenges in international trade. The transport industry may be mentioned as an example. Especially in the transportation of goods, a large number of documentation obligations must be adhered to and permits must be obtained. Packing lists, export licenses, and product certificates are examples of this. All mentioned documents are based on the same data set, namely the details of the type, origin, and quantity of the goods. Large parts of these documents must be carried along with the goods and presented on instructions, which causes considerable bureaucracy and makes transportation more difficult and expensive. These documents could be displayed on the blockchain in the future.

scholarly journals A Comparative Study of Executive Guaranty of Arbitration at International Law (International Court of Arbitration and the New York Convention) and Iranian Law

2016 ◽  
Vol 9 (5) ◽  
pp. 145
Author(s):  
Shila Taheri ◽  
Hassan Soleimani
Keyword(s):  
New York ◽  
International Trade ◽  
International Law ◽  
International Arbitration ◽  
Trade Disputes ◽  
Iranian Law ◽  
International Court ◽  
Arbitration Procedure ◽  
Research Findings ◽  
New York Convention

The present study is an attempt to analyze the executive guaranty of arbitration at international law within internal Iranian law and the international law. The present research findings show that within internal law in case the arbitration verdict is not carried out voluntarily then its obligatory administration is under the support of law and has legal executive guaranty. But arbitration privilege at administration stage is not limited to the fact that any arbitration verdict is to be performed without any questioning but a significant aspect of this privilege is to prevent the administration of a verdict which is altered or creased and openly against the facts or the law. In international law the international commerce chamber arbitration system is the most important international trade arbitration system in contemporary period and has always been the influential forerunner in international arbitration and has had a significant role in the development and expansion of arbitration method of settling international trade disputes. Both the chamber arbitration rules and arbitration verdicts which are issued under the chamber arbitration framework are among the most important legal resources in terms of international arbitration and are considered as the constructive and formative factors of international arbitration procedure. It should be mentioned that commerce chamber arbitration organization lacks the executive tools to execute the arbitration verdicts. But in spite of that on the basis of arbitration rules article 35 the arbitration authority and the chamber arbitration court makes attempts to execute the verdict and the purpose is mostly the official measures rather than judicial or administrative. Principally, the execution of arbitration verdicts depend on state rules and regulations where from the identification and administration of verdict is requested.

Patent and Antitrust Problems Revisited in the Context of Wireless Networking

2011 ◽  
pp. 149-165
Author(s):  
Gary Lea
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Ieee 802.11 ◽  
Systematic Approach ◽  
Wireless Networking ◽  
Domain Name ◽  
Trade Disputes ◽  
Development Organizations

The author seeks to illustrate some of the ongoing problems that patents present for those seeking to standardize in the ICT field. The chapter illustrates these problems by drawing on patent and international trade disputes surrounding the rollout of IEEE 802.11 family (colloquially, “WiFi”) technologies during 2003 and 2004. It then presents several solutions including the introduction of a more systematic approach to dispute resolution by standards development organizations (SDOs) based around ADR procedures derived from the domain name Uniform Dispute Resolution Policy (UDRP), corresponding changes to dispute handling in international trade disputes and, in the long term, alternation to intellectual property laws to allow for appropriately-tailored standardization exceptions (at least at the level of interoperability).

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