Tag: Arbitration
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Hague Tribunal
Hague Tribunal History The establishment of a permanent tribunal at the Hague, pursuant to the Peace convention of 1899, marks a momentous epoch in the history of international arbitration. This tribunal realized an idea put forward by Jeremy Bentham towards the close of the 18th century, advocated by James Mill in the middle of the…
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Arbitral Procedure
Arbitral Procedure History: International Arbitral Procedure Not the least of the benefits of the Hague convention of 1899 (strengthened by that of 1907) is that it contains rules of procedure which furnish a guide for all arbitrations whether conducted before the Hague court or not. These may be summarized as follows:—The initial step is the…
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Investment Treaty Arbitration
Investment Treaty Arbitration History By Susan D. Franck Since at least 1794, arbitration has been used as a mechanism for fostering foreign investment and providing a neutral forum to resolve international disputes. Although there have been bumps and bruises as international arbitration has evolved into an independent discipline with impartial and expert decision makers, arbitration…
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International Arbitration, Historical
International Arbitration International arbitration is a proceeding in which two nations refer their differences to one or more selected persons, who, after affording to each party an opportunity of being heard, pronounce judgment on the matters at issue. It is understood, unless otherwise expressed, that the judgment shall be in accordance with the law by…
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Alabama Arbitration
“Alabama” Arbitration Introduction According to Collier’s New Encyclopedia, the Alabama claims were a “series of claims made in 1871 by the United States against the English Government for damages done to shipping during the Civil War, after a formal discussion between the two governments in 1865, and fruitless conventions for their settlement in 1868 and…
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Bering Sea Arbitration
Bering Sea Arbitration Definition The important fishery dispute between Great Britain and the United States, which was closed by this arbitration, arose in the following circumstances. Background In the year 1867 the United States government had purchased from Russia all her territorial rights in Alaska and the adjacent islands. The boundary between the two powers,…
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Arbitration Award
Arbitration Award International awards differ from civil awards in having no legal sanction by which they can be enforced. On the other hand, they resemble civil awards in that they may be set aside, i.e. ignored, for sufficient reason, as, for example, if the tribunal has not acted in good faith, or has not given…
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SquareTrade
SquareTrade The Company Founded in 1999 and with over 60 full-time employees in the 2000s, SquareTrade is based in San Francisco, Califorina (United States).The company provided online dispute resolution (ODR) services for e-commerce businesses to solve complex online disputes. He was the leader in this sector. SquareTrade Online Dispute Resolution Service The SquareTrade Seal and…
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United States Arbitration Act
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 …
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New York Convention On The Recognition And Enforcement Of Foreign Arbitral Awards
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…
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Outline of International Arbitration
Outline of International Arbitration See Outline of International litigation Subject-matter The history of international arbitration is dealt with in the article Peace, where treaties of general arbitration are discussed, both those which embrace all future differences thereafter to arise between the contracting parties, and also those more limited conventions which aim at the settlement of…
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Arbitration: Examples of Refusal of Recognition and Enforcement
Arbitration: Examples of Refusal of Recognition and Enforcement Examples of refusal of recognition and enforcement under Article V(2)(b) are: – The Court of Appeal of Bavaria refused recognition and enforcement of a Russian award on the ground of public policy because the award had been made after the parties had reached a settlement, which…
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Arbitration: Examples of Recognition and Enforcement
Arbitration: Examples of Recognition and Enforcement In a German case before the Court of Appeal of Celle, the seller sought to enforce an award of the International commercial arbitration Court of the Chamber of Commerce and Industry of the Russian Federation (ICAC). 49 The buyer contended that permitting enforcement would violate public policy either…
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Arbitration: Grounds for refusal to be raised by the court ex officio (Article V(2))
Arbitration: Grounds for refusal to be raised by the court ex officio (Article V(2)) Article V(2) of the Convention provides: “Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that: (a) The subject matter of the difference is…
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Outside or beyond the scope of the arbitration agreement (Article V(1)(c))
Outside or beyond the scope of the arbitration agreement (Article V(1)(c)) “The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to…