Arbitration label contains specialized local examination into arbitration laws and institutions worldwide, providing essential 'need to know' answers to the fundamental questions facing corporations and counsel. The list of entries are organized orthographically. This guide gives a comprehensive overview of the entire process, from the drafting of contractual clauses through to the enforcement of awards in local courts. The list of entries under this topic deals with: laws and institutions, arbitration agreements, constitution of arbitral tribunals, arbitral proceedings, interim measures and awards.
See also International business arbitration in this international legal encyclopedia.
See also Treaties in this legal […]
International arbitration is the settlement by a mutually acceptable third party of disputes between sovereign states. Modern international arbitration began with the conclusion of Jay's Treaty (1794) by Great Britain and the United States. Numerous disputes were arbitrated during the 19th […]
Arbitration, reference of a dispute to an impartial person or persons, called arbitrators, for a decision or award based on evidence and arguments presented by the disputants. The parties involved usually agree to resort to arbitration in lieu of court proceedings to resolve an existing […]
Intellectual Property International commercial arbitration International Commercial Law International Contracts International Family Law International Law of Procedure See also: Hague Conference on Private […]
International Centre For Settlement Of Investment Disputes Summary of International Centre For Settlement Of Investment Disputes
An international agency affiliated with the World Bank and serving as a forum for the resolution of international investment disputes. The center was established […]
Definition of Arbitration Clause in International Trade The following is a concept of Arbitration Clause in the context of international trade law, from the Dictionary of International Trade (Global Negotiator): A contract clause included in may international contracts, stating for example: […]
Court of Conciliation and Arbitration Note: The Commonwealth Court of Conciliation and Arbitration was an Australian court that existed from … Read more
New us Request For Arbitration on Under-pricing of Timber: Case no 111790 in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): I. Relevant Provisions Of The SLA A. The United States Negotiated For A System Of Export […]
The New York Convention is an international treaty. As such, it is part of public international law. Consequently, the courts called upon to apply the Convention must interpret it in accordance with the […]
An international arbitrator may be the chief of a friendly power, or he may be a private individual. When he is an emperor, a king, or a president of a republic, it is not expected that he will act personally; he may appoint a delegate or delegates to act on his behalf, and avail himself of […]
Award in Arbitration on Provincial Subsidies: Case no 81010 in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): On January 20, 2011 a tribunal of the LCIA ("Tribunal") issued an award in favor of the […]
Description of Grievance Arbitration In this reference work, grievance arbitration is a sort of the Labor law category. Resources See Also Grievance Procedure Labor Employment Labor law
Arbitration and Related Actions Arising From the Softwood Lumber Agreement in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): The United States has availed itself of the dispute resolution provisions under the 2006 […]
Resistance to Arbitration (Adjudication and Enforcement) This section provides an overview of resistance to arbitration (adjudication and enforcement) within the legal context of Resistance to Arbitration in international economic law, with coverage of Adjudication and Enforcement (Principles).
Arbitration Of Exchange Summary of Arbitration Of Exchange
The near- simultaneous purchase and sale of foreign bills of exchange so as to take advantage of price differentials for such instruments in different money centers.
(Main Author: William J. Miller)
Resources See Also […]
Arbitration Rules Rules from International Institutions International Arbitration institutions have led the way in rulemaking for international commercial arbitration through … Read more
Construction Arbitration and ADR On-Site Dispute Management Services Ideally, the use of the techniques and processes described below for handling … Read more
Resistance to Arbitration (Adjudication and Enforcement) This section provides an overview of resistance to arbitration (adjudication and enforcement) within the legal context of Resistance to Arbitration in international economic law, with coverage of Adjudication and Enforcement […]
Rules on Transparency in Treaty-based Investor-state Arbitration in 2013 United States views on international law [1] in relation to Rules on Transparency in Treaty-based Investor-state Arbitration: As mentioned in Mr. Arbogast's statement above, UNCITRAL finished negotiations on a set […]
The Arbitrator in International Arbitrations: Main Issues Perspectives on International Arbitration Some major topics include: Interference by National Courts ADR and Arbitration The Parties' or the Arbitration Tribunals Confidentiality Responsibility of Arbitrators and […]
New us Request For Arbitration on Under-pricing of Timber: Case no 111790 in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): On January 18, 2011, the United States requested arbitration at the LCIA, regarding the […]
Amicus Curiae in International Investment Arbitration Note: this entry is a continuation of the entry about the Participation of Amici … Read more
Public attention to cases brought under NAFTA Chapter Eleven has grown commensurately with the increased numbers of those cases. While media coverage has increased, most of that attention stems from particular interest groups. Many of these groups are not satisfied with newspaper reports or government-supplied information available on the internet, but wish to participate more directly in the cases as amici curiae. These petitioners have brought to the fore the question of whether amici should be permitted to participate in NAFTA Chapter Eleven cases. Answering this question in the affirmative raises various corollary questions, including what rules or procedures should govern amicus participation and what effect, if any, amicus participation should have on confidentiality in arbitration.
Dispute Settlement Bodies They include the following bodies: Court of Arbitration for Sport Court of Conciliation and Arbitration ICC International … Read more
Limits of International Arbitration
Hague Cases History The pious fund of the Californias The first case decided by the Hague court was concerned with … Read more
Hague Tribunal History The establishment of a permanent tribunal at the Hague, pursuant to the Peace convention of 1899, marks … Read more
Arbitral Procedure History: International Arbitral Procedure Not the least of the benefits of the Hague convention of 1899 (strengthened by … Read more
Investment Treaty Arbitration History By Susan D. Franck Since at least 1794, arbitration has been used as a mechanism for … Read more
International Arbitration International arbitration is a proceeding in which two nations refer their differences to one or more selected persons, … Read more
“Alabama” Arbitration Introduction According to Collier’s New Encyclopedia, the Alabama claims were a “series of claims made in 1871 by … Read more
Bering Sea Arbitration Definition The important fishery dispute between Great Britain and the United States, which was closed by this … Read more
Arbitration Award International awards differ from civil awards in having no legal sanction by which they can be enforced. On … Read more
SquareTrade The Company Founded in 1999 and with over 60 full-time employees in the 2000s, SquareTrade is based in San … Read more
An act of Congress that prescribes the basis for arbitration of commercial disputes arising from maritime contracts and contracts involving foreign entities. The act is divided into two chapters.
Chapter I, dealing with maritime transactions, was enacted in 1947 and based upon an earlier …
Enforcement Of Foreign Arbitral Awards. An international convention that emerged on June 10, 1958, at the conclusion of the United Nations Conference on International Commercial Arbitration. The convention establishes principles and procedures for the arbitration of international commercial disputes…
Outline of International Arbitration See Outline of International litigation Subject-matter The history of international arbitration is dealt with in the … Read more
Arbitration: Examples of Refusal of Recognition and Enforcement Examples of refusal of recognition and enforcement under Article V(2)(b) are: … Read more
Arbitration: Examples of Recognition and Enforcement In a German case before the Court of Appeal of Celle, the seller … Read more
Arbitration: Grounds for refusal to be raised by the court ex officio (Article V(2)) Article V(2) of the Convention … Read more
Outside or beyond the scope of the arbitration agreement (Article V(1)(c)) “The award deals with a difference not contemplated … Read more
Arbitration: Right to a Fair Hearing Article V(1)(b) requires that parties be afforded a fair hearing that meets … Read more
Invalidity of Arbitration Agreement Article V(1)(a) also provides a ground for refusal where the arbitration agreement “referred to … Read more
Arbitration : Incapacity of Party The types of issues arising under this ground include the “incapacity” defences, such as … Read more
Arbitration: Limited discretionary power to enforce in the presence of grounds for refusal Courts generally refuse enforcement when … Read more
Arbitration: Grounds for refusal (Article V) in general This phase is characterized by the following general principles: – no review … Read more
Original Arbitration agreement or certified copy (Article IV(1)(b)) This provision merely requires that the party seeking enforcement supply a document … Read more
Arbitration: Requirements to be fulfilled by petitioner (Art. IV) At this phase of the proceedings, the petitioner has the burden … Read more
1958 Convention: Road map to article II When seised of challenges to the validity of an arbitration agreement for the … Read more
1958 Convention: Generally accepted principles The Convention has not explicitly endorsed the “competencecompetence” principle, the limited review of arbitration agreements … Read more