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.

scholarly journals Public Policy as Ground for Refusal of International Arbitral Awards - A Comparison Between Different Judicial Practices

2016 ◽  
Vol 9 (10) ◽  
pp. 81
Author(s):  
Sormeh Bouzarjomehri ◽  
Eisa Amini
Keyword(s):  
Public Policy ◽  
New York ◽  
International Trade ◽  
Court Decisions ◽  
International Arbitration ◽  
The Public ◽  
Arbitration Process ◽  
Important Challenge ◽  
Recognition And Enforcement ◽  
New York Convention

<p>The New York Convention is considered as the main pillar of the international arbitration and the most effective transnational legal instrument in international trade. But the most important challenge that the Convention is facing is a uniform application by the Member States. Article V of the Convention containing several grounds for refusal of recognition and enforcement of arbitral awards, could be deemed as an obstacle to achieve this goal. The most controversial ground is the public policy that affects the uniform application of the Convention and the predictability of the arbitration process. Then the lack of a definition for public policy has opened the door for different interpretations in different countries.</p><p>The questions that the paper at hand deals with are the following: What are the consequences for the lack of a definition for the public policy ground in the New York Convention? Is it necessary to revise the New York Convention to address this issue?</p>In order to answer these questions, the paper at hand will present some court decisions in order to elaborate the mentioned challenge and find an appropriate solution.

An Analysis of Jordanian Jurisdiction as a Seat for International Arbitration

2020 ◽  
pp. 1-16
Author(s):  
Zaid M. Aladwan ◽  
Mutaz M. Aladwan
Keyword(s):  
New York ◽  
The State ◽  
International Arbitration ◽  
Arbitration Procedure ◽  
Model Law ◽  
New York Convention

Abstract Arbitration is the best method to resolve a dispute, due to the flexibility in its mechanism and issuing of a final judgment, known as an ‘award’. The winning party usually seeks to apply that award in the state where the assets of the losing party exist. In this regard, the New York Convention 1958 guarantees that the award is enforceable in the state where the winning party sought to apply. Jordan is party to the Convention; it has regulated its own arbitration law and has adopted the UNCITRAL Model Law 1985. However, not all provisions were adopted where specific provisions in Jordanian law relating to certain matters differed from the Model Law provisions. These differences may positively or adversely affect the arbitration procedure in Jordan.

scholarly journals Exploring the concept of arbitral awards under the New York Convention

2021 ◽  
pp. 205556362110228
Author(s):  
Konstantina Kalaitsoglou
Keyword(s):  
New York ◽  
International Arbitration ◽  
Arbitral Award ◽  
New York Convention ◽  
Legal Concepts

Despite its importance, the arbitral award was left undefined by the New York Convention and most other major international arbitration laws. This has inevitably led to varying opinions regarding its nature and confusion regarding the thresholds that differentiate arbitral awards from other tribunal decisions. Partly in response to the above, there has been discussion to initiate the revising process of the Convention. Responses have been divided. In this paper, the author finds that revision will not bring the desired results, while the Convention itself has equipped international arbitration practice with tools to overcome obscure legal concepts such as the arbitral award.

I now pronounce you ‘null and void’: manner of determination and the applicable law under the New York Convention

2021 ◽  
Author(s):  
Stefan Pislevik
Keyword(s):  
New York ◽  
International Arbitration ◽  
Applicable Law ◽  
New York Convention

Abstract The phrase ‘null and void, inoperative or incapable of being performed’ contained in Article II(3) of the New York Convention has attracted relatively little attention in the international arbitration community. It nonetheless retains the potential to have a significant impact on arbitration agreements. This article considers the meaning of ‘null and void’ and highlights the current varied understandings and applications of this term, before re-iterating support for an application of an internationally neutral understanding of the term. What this article seeks to ultimately achieve is to provoke further consideration of the terms ‘null and void’, with a view to ensuring greater clarity and uniformity in its understanding and application in the long term.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 35 Singapore: Singaporean Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Yeo Tiong Min
Keyword(s):  
New York ◽  
International Law ◽  
Common Law ◽  
Private International Law ◽  
Party Autonomy ◽  
Important Principle ◽  
Settlement Agreements ◽  
The Hague ◽  
Model Law ◽  
New York Convention

This chapter describes Singaporean perspectives on the Hague Principles. Party autonomy is recognized as a very important principle in the private international law of Singapore. The primacy given to the role of party autonomy is evidenced by the adoption of the New York Convention and UNCITRAL Model Law for international arbitration, the adoption of the Convention on Choice of Court Agreements for international litigation, and the palpable support of the UNCITRAL Convention on International Settlement Agreements Resulting from Mediation. Most of private international law in Singapore is sourced in judge-made law. In the absence of direct Singapore authority, Singapore courts have traditionally looked to English case law for guidance, but increasingly, the courts have looked to the laws of other jurisdictions, and indeed international instruments which do not have binding force in Singapore law. Given the level of sophistication of existing common law contract choice of law rules, it is unlikely that Singapore will engage in radical law reform. However, it is likely that the Singapore courts will continue to look to the Hague Principles for guidance in areas where the common law is unclear or where there is a gap or strong imperative for change.

Part 1 Fundaments of Arbitration in Brazil, 2 Comments of the Brazilian Arbitration Law

2020 ◽  
Author(s):  
Sester Peter
Keyword(s):  
New York ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Recognition And Enforcement ◽  
Model Law ◽  
New York Convention ◽  
Definition Of

This chapter examines the Brazilian Arbitration Law (BAL) of 1996. The BAL is a standalone act encompassing roughly 40 articles. It is divided into eight chapters and is applicable to both domestic and international arbitration, except for Chapter VI (The Recognition and Enforcement of Foreign Awards), which is modelled on the New York Convention (NYC). Hence, the BAL legislator adopted a monistic approach. Consequently, the BAL contains no definition of domestic or international arbitration, but only defines the term foreign award. According to article 34, sole paragraph BAL, an award is considered a foreign award if it was rendered outside the territory of Brazil. The present translation of the BAL builds on the terminology of the UNCITRAL Model Law on Commercial Arbitration and the NYC because both documents inspired the authors of the BAL and are cornerstones of international arbitration. This chapter of the book then provides comments on the BAL article by article.

Part III Investment Disputes and Political Risk, 8 Arbitration Procedure

2020 ◽  
Author(s):  
Rubins Noah ◽  
Papanastasiou Thomas-Nektarios ◽  
Kinsella N Stephan
Keyword(s):  
International Trade ◽  
United Nations ◽  
Selection Process ◽  
International Arbitration ◽  
Contractual Arrangements ◽  
Trade Law ◽  
International Trade Law ◽  
Arbitration Clause ◽  
The World ◽  
Arbitration Procedure

This chapter provides an overview of international arbitration procedure both under arbitration treaties and contractual arrangements, particularly under the auspices of the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) and arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). The chapter begins by describing the most prominent international arbitration rules. It then covers the pre-dispute drafting of an arbitration clause. Finally, it offers a guide through a “typical” arbitration, whether initiated pursuant to contract or treaty, from the lodging of a claim and the arbitrator selection process, through written and oral argument, to the issuance and challenge of awards.

Sustainable management of water resources and international law

2000 ◽  
Vol 42 (1-2) ◽  
pp. 241-247 ◽  
Author(s):  
S. Marchiso
Keyword(s):  
New York ◽  
Sustainable Development ◽  
Water Resources ◽  
International Law ◽  
Sustainable Management ◽  
Good Governance ◽  
Careful Consideration ◽  
Development Goals ◽  
New York Convention ◽  
Legal Frameworks

The need is being increasingly felt within the international community for more careful consideration of the legal and institutional aspects involved in the use and management of water resources. Existing legal regimes, both national and international, may have no provisions for regulating or controlling new needs for sustainable management of waters. Innovative legal frameworks for water must thus be designed to both facilitate and achieve efficient allocation or reallocation of resources for environmental protection and proceed towards the attainment of social, economic and more general sustainable development goals. The no-harm rule, the equitable apportionment principle and the duty of consultation and negotiation among riparian or sharing States are now integrated by rules and standards pertaining to the new branch of international law on sustainable development: the duty of co-operation, the precautionary principle, the prevention rule, the polluter-pays principle, the environmental impact assessment requirement, which are gaining relevance also in the context of international water resources law, as shown by the 1997 New York Convention on the Law of the Non-Navigational Uses of International Watercourses. Sustainable water management also implies widespread adoption of good governance principles that ensure broader participation in development decisions and an open decision-making process. In developing and using water resources, priority has to be given to the satisfaction of the basic right to water. This paper intends to identify an effective legal international regime for management of water resources, compliant with sustainable development principles solemnly asserted within international law.

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.

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