Arbitral Institutions Research Articles

The Distinctive Aspects of Institutional Arbitration Under Egyptian Law

Both the Egyptian Arbitration Law of 1994 and the relevant jurisprudence are devoid of any rule that regulates arbitral institutions’ incorporation and good standing. However, recently, and only after the Chevron Sham Arbitration saga, Egyptian courts have tackled the issue of arbitral institutions’ legal framework, where many subsequent related questions were then raised. For instance, is there an actual legal framework that governs arbitral institutions in Egypt? If so, what is the statute applicable to that effect? Are all kinds of arbitral institutions, operating in Egypt, subject to the same legal framework or statute? Is there an actual need to enact a new specific statute to avoid the recurrence of a fraudulent sham arbitration like the Chevron one? This article will attempt to answer all these questions, despite the dearth of Egyptian jurisprudence. It will also shed light on the collateral, but essential, problematic issues that arise while analysing the legal framework of arbitral institutions in general, and the Egyptian Sports Centre, in particular. As a part of this analytical study, and for purposes of comprehensiveness, the current article demonstrates the legal consequences of administering an institutional arbitration (i.e., the internationalization of institutional arbitration) as well as the consequences of wrongful administration of institutional arbitration, with a particular attention to the issue of a fraudulent administration such as in the case of the Chevron Sham Arbitration. Arbitral Institutions, Incorporation, Good Standing, Sham Arbitration, Egyptian Sports Centre, Local Appeal Body, Sports-Related Body, Internationalization, Fraud

The Complex and Evolving Legal Status of Ad Hoc Arbitration in China

The current People’s Republic of China (PRC) Arbitration Law rejects ad hoc arbitration by requiring the arbitration agreement to specify an arbitration institution. However, such rejection does not constitute a barrier to the enforcement of foreign ad hoc arbitration awards under the New York Convention. To determine the validity of a foreign ad hoc arbitration agreement, China adopts a conflict-of-laws approach in ascertaining its applicable law. Recent years have witnessed China’s initiative to experiment with ad hoc arbitration in its Free Trade Zones (FTZs). The draft revised PRC Arbitration Law published by the Chinese Ministry of Justice (MOJ) in 2021 proposes allowing foreign-related disputes to be resolved by ad hoc arbitration. This article argues that the legal status of ad hoc arbitration in China demonstrates a complex and evolving nature. It notes that while complete legalization of ad hoc arbitration in China is unlikely in the short term, its legal status will continue to evolve, reflecting the complicated relationship between China’s bureaucratized arbitration regime and its increasingly sophisticated arbitration market. Ad Hoc Arbitration, Legal Status, PRC Arbitration Law, Article 16, Article 18, Conflict-of-Laws Approach, Enforcement of Foreign Arbitration Awards, New York Convention, Free Trade Zones, China’s Bureaucratized Arbitration Regime

The Use of Commercial Arbitration Rules in Investment Treaty Disputes: Domestic Courts, Commercial Arbitration Institutions and Tribunal Jurisdiction, written by Joel Dahlquist

The Use of Commercial Arbitration Rules in Investment Treaty Disputes: Domestic Courts, Commercial Arbitration Institutions and Tribunal Jurisdiction, written by Joel Dahlquist

Analisis Kasus Pembatalan Klausula Arbitrase BANI oleh Pengadilan Negeri Jakarta Selatan (Studi Putusan Pengadilan Negeri Jakarta Selatan Nomor: 529/Pdt.G.ARB/2018/PN.Jkt.Sel)

<p>In accordance with Law Number 30 of 1999 concerning Arbitration and Dispute Resolution, that dispute resolution at an arbitration institution is based on a written agreement from the parties to the dispute. The existence of an arbitration clause in the agreement brings legal consequences related to the absolute power of arbitration dispute resolution. This type of research is normative juridical legal research with a statutory approach. The data sources used are secondary data sources which consist of three legal materials, namely primary, secondary and tertiary. The analysis was carried out using an inductive descriptive technique. The results of this study indicate that efforts to annul arbitration can be submitted to the court provided that there are limitative conditions that must be fulfilled according to the alleged elements contained in Article 70 of Law Number 30 of 1999.</p>

Вопросы подведомственности споров третейскому разбирательству. Анализ законодательства Итальянской Республики

Economic turnover subjects’ disputes subordination issues to proceedings through non-state arbitration and the arbitration institutions competence to resolve specific disputes types are analyzed. The Italian Republic legislation and Italian arbitration institutions’ activities are investigated. The above-mentioned state is characterized by a sufficiently developed economy and a large trade turnover, which entails a large number of agreements between business entities both within the country and within the framework of international economic relations. Consequently, commercial arbitration, as a dispute resolution means, has a rich history and a high development level within the Italian legal system. The scope of commercial arbitration in Italy and the legal regulation of the disputes jurisdiction and the arbitration institutions’ competence are considered in detail. Conclusions are drawn about the features and problems in these legal and economic sectors.

The 2022 Sanction Challenges for International Commercial Arbitration and Methods of Resolving them

The subject of this study is the impact of the sanctions policy imposed against the Russian Federation in 2022 on international commercial arbitration. For that purpose, we analyse the restrictive measures that have had a major impact on dispute resolution in international commercial arbitration involving Russian and sub-sanctioned persons. An important part of the study is an analysis of current practice in this area and the difficulties arising in order to develop recommendations and possible means of overcoming them for the continuation of international arbitration in Russia and access to justice for sanctioned persons. Over recent years, international commercial arbitration has become one of the most common means of dispute resolution, not only abroad, but also in the Russian Federation. However, the international nature of arbitration makes it highly sensitive to sanctions. Since the implementation of anti-Russian sanctions, especially in 2022, it became evident that the field of international commercial arbitration faces inevitable difficulties in terms of cooperation with foreign jurisdictions and its operation in general. The impact of restrictive measures on international commercial relations cannot be overestimated, with the number of cross-border disputes only increasing, which makes international commercial arbitration more than relevant and requires new solutions to overcome existing challenges. The research leads to a number of conclusions: the 2022 sanctions have certainly affected the world of arbitration but have not put an end to arbitration institutions in general; they have led to a global reorientation towards Asian arbitral institutions and a strengthening of Russia's position as a place for arbitration; parties to arbitration proceedings are finding new and successful solutions to the restrictive measures; many foreign jurisdictions are slowly softening their policy towards arbitration.

Вопросы подведомственности споров третейскому разбирательству. Анализ законодательства Литовской Республики

The issues of jurisdiction of civil legal disputes of business entities to arbitration proceedings are analyzed. The institution of commercial arbitration is understood as non-state economic justice. Particular attention is paid to the issues of jurisdiction of arbitration institutions to resolve certain types of disputes. Lithuanian Republic’s legislation and the activities of Lithuanian arbitration institutions are studied. It is argued that this state has formed a fairly developed market economy with a certain trade turnover. Accordingly, commercial arbitration is in demand as a non-state method of resolving economic disputes, both national and international, between business entities. Attention is drawn to the genesis of the legal system of Lithuanian Republic, which was influenced by both the legal system of the former USSR and the modern Russian Federation, as well as the legal systems of Western and Eastern European countries. The industry of commercial arbitration of Lithuanian Republic and the legal regulation of issues of jurisdiction of disputes and the competence of arbitration institutions are examined in detail. Conclusions are formulated on the legislative regulation of issues of jurisdiction of disputes in arbitration proceedings.

Вопросы подведомственности споров третейскому разбирательству. Сравнительный анализ законодательства государств БРИКС

We analyze the issues of legal regulation of jurisdiction of disputes types to arbitration in the BRICS states (Brazil, Russia, India, China, South Africa). Evidently, an importance of the BRICS countries in modern international economy is objectively obvious, since they are major economic and political actors on the world stage. The Russian Federation plays an important role in this association. The institution of commercial arbitration or arbitration dispute proceedings is a historically recognized and effective way to resolve conflicts and protect the rights and interests of economic entities. The experience of the BRICS countries in regulating this institution seems interesting for research. A detailed and objective comparative analysis of the BRICS states legislation regulating arbitration sphere is carried out. The types of arbitrable and non-arbitrable disputes are identified. The main problems in the legal regulation of this area are identified, the main of which is a lack of clear and specific indications of disputes types that are subject to and not subject to arbitration. We suggest ways and means of solving the above problematic issues.

The Construction of Specialized Institution for Cross-Border Labor Arbitration in the Guangdong-Hong Kong-Macao Greater Bay Area

As the main means of resolving labor disputes, labor dispute arbitration has played an important role in resolving labor disputes in China, protecting the legitimate rights and interests of the parties, and promoting harmonious and stable labor relations. The governments and social organizations of Guangdong, Hong Kong and Macao are building a social governance pattern of co-construction and co-governance and a multi-dispute handling mechanism of labor disputes. In this context, the existing labor dispute arbitration institutions in China are no longer sufficient to solve the problems of cross-border labor disputes. It is feasible and necessary to build a specialized institution for cross-border labor arbitration in the Guangdong-Hong Kong-Macao Greater Bay Area. Based on this, the article puts forward feasible suggestions on the positioning, construction mode, personnel composition and supporting mechanism setting of specialized agencies, to make up for the deficiencies of the current labor dispute resolution mechanism, and to promote the construction of Guangdong-Hong Kong-Macao labor relations and the legalization process in the Greater Bay.

Legal Issues Related to Access to Overseas Arbitration Institutions

In the context of economic globalization and internationalization, the construction of an arbitration center has also been put on the agenda. All countries in the Asia-Pacific region, including China, have opened the arbitration market accordingly. In recent years, China has also encouraged the entry of overseas arbitration institutions, but there are still some urgent problems to be solved. For example, relevant arbitration by two types of overseas arbitration institutions will lead to disputes and discussions. That is to say, arbitration by, for example, two types of overseas arbitration institutions will cause disputes and discussions. That is, arbitration by overseas arbitration institutions in China is found to have no legal effect, although China has set up relevant pilot areas for testing. However, this paper aims to explore the legal framework of overseas arbitration institutions in China, which is the main obstacle to the smooth arbitration of overseas arbitration institutions in China. This paper aims to expound the development status, access standards and obstacles of overseas arbitration institutions in China, so as to put forward their own views and suggestions. This paper aims to expound the development status, access standards and obstacles of overseas arbitration institutions in China, so as to put forward their own views and suggestions.

Establishment of International Sports Arbitration System in China: Realistic Needs, Conditions and Specific Paths

Due to the lack of legislation on international sports arbitration institutions and arbitration rules in China, international sports arbitration activities usually lack direct legal support. However, as China successfully hosted the Olympic Games and the Winter Olympic Games successively, Beijing has become the only “Double Olympic City” in the history of the Olympic Games, contributing to the development of international sports arbitration. China has the experience in handling and resolving international sports disputes, and has a stronger motivation to promote and establish better international sports arbitration rules. In 2022, relevant Chinese institutions and organizations have successively passed the new Sports Law (Sports Law), Organizational Rules of the China Sports Arbitration Commission (Draft for Comment) (Organizational Rules) and Rules of Sports Arbitration (Draft for Comment) (Arbitration Rules), and the Chinese Sports Arbitration Rules. This is undoubtedly important progress in the integration of China’s sports arbitration rules with international rules, but it is still worthy of our in-depth consideration in terms of the required conditions, specific paths and supporting systems for the development of international sports arbitration in China.

Вопросы подведомственности споров третейскому разбирательству. Сравнительный анализ законодательства государств Арктического региона

We explore the issues of the jurisdiction of disputes to arbitration and the competence of arbitration institutions to consider certain types of disputes. The purpose of work is a complete and objective comparative analysis of legislation of the states of the Arctic region, such as the United States of America, Canada, Denmark, Norway, Sweden, Finland, Iceland. The relevance of the results is that the consideration of disputes in arbitration (referees) as a protection of the rights and interests of economic entities in the scope of the system for identifying states. We conduct a comparative analysis of the peculiarities of the legislation of the states of Arctic region, and also compare and analyze the arbitration practice of various arbitrations. The legal regulation of the issues under study is analyzed and conclusions are drawn about the main problems and shortcomings of legal acts in this area. The results of study can be implemented in law-making work on improving legislation in the field of arbitration of disputes.

Court of Arbitration for Sport: Rules and Issues

International sports arbitration is regarded as a special type of international arbitration, which is quite different from international commercial arbitration and inter-state arbitration. Due to the party autonomy, convenience, and professionalism of international sports arbitration, major international sports activities and events generally chose international sports arbitration as the means to resolve disputes. After more than 30 years of development, the international sports arbitration rules, with the promotion of the Court of Arbitration for Sport, have become more developed and mature. In the meantime, however, we need to realize that there are many defects under the existing international sports arbitration system, such as the exclusive jurisdiction of the arbitral tribunal, transparency in the selection of arbitrators, and the application of arbitration rules. China shall think about how it can learn from the existing international sports arbitration system and promote the development of China’s sports arbitration institutions and rules.

论外国仲裁机构在中国仲裁的效力

论外国仲裁机构在中国仲裁的效力

Doprinos Mihaila Konstantinovića modernizaciji jugoslovenske privrede – stvaranje Spoljnotrgovinske arbitraže

The Foreign Trade Court of Arbitration in Belgrade is one of the historic landmarks left behind by Mihailo Konstantinović. Professor Konstantinović was one of the main proponents of the establishment of this institution and he served as its first president. In that capacity he was in a position to steer the work of the FTCA so that it gained the trust of the business community as quickly as possible and became a reputable arbitral institution both in Yugoslavia and abroad. Records show that the Belgrade Court of Arbitration soon became a leading arbitral institution worldwide and its influence spread far beyond the Yugoslav market. The article presents and analyzes different methods and instruments that Professor Konstantinović used to develop the FTCA and shows how the successful establishment of this institution brought arbitration in Yugoslavia and Serbia into the modern era.

Judicial Institution and Judicial Power: How Judicial Authority Existence in Administering Judicial Power in the Islamic View

The judiciary is very important thing to be paid attention, due to its effects on the integrity of the nation as well as state, even in the pre-Islam era up to current days. This study aims to expose the existence of the judicial institution`s authority in administering a judicial power. This research applied library method. The data collected form literature, and the analysis technique used the descriptive analysis based on the evidence of judicial institutions. The court is authority institutions which conduct a justice, trough examining and deciding cases of legal disputes or violations of laws. Wilayatul Hisbah whose main authority is to settle minor criminal acts which are do not require a judicial process in their settlement. In supporting this authority, there is such fatwa council, tahkim or arbitration institution that was held as an institution for implementing judicial power in Islam

Labour Protection of Platform Workers in China: Legal Innovations and Emerging Trends

Abstract At present, there are as many as tens of millions of digital platform workers in China, and their number is growing rapidly. However, the protection of platform workers’ rights still faces many challenges. In recent years, China’s judicial and administrative authorities and trade unions have made many efforts to strengthen labour protection for platform workers. Many innovative measures have been introduced, which strive to find a balance between the development of the platform economy on the one hand and worker protection on the other. The introduction of a number of significant administrative and legislative measures in 2021 suggests that the protection of platform workers occupies a more important position than before. Courts and labour arbitration institutions have introduced new factors into consideration in the determination of employment relationship in some cases, although they in general still apply the traditional definition and methods of determination of the employment relationship. Administrative organs have put forward the new concept of the ‘incomplete labour relationship’ (Bu Wanquan Fuhe Queli Laodong Guanxi Qingxing, referring to the situation in which the parties do not completely meet the conditions for the formation of a labour relationship), as part of administrative guidance to platform companies in the form of ‘guiding opinions’. The Trade Union Law has been amended in a timely way to clarify that platform workers can join and establish trade unions. In addition, pilot projects have been launched in some areas to provide occupational injury protection to platform workers. The main feature of the labour protection of platform workers in China is that the administrative organs have played a leading role. At present, the main challenge is to improve the imperfect legislation. The way forward is to formulate special laws to further clarify the basic rights of platform workers, including algorithm-related rights, and to improve the rules on the determining of employment status in platform work, so as to enhance legal certainty and ensure effective protection for platform workers.

التحكيم وسيلة سلمية لفض النزاعات ومثالية عندالنزاع بين الأزواج (رؤية مقاصدية )

This study, tagged with (arbitration as a peaceful means to resolve disputes between spouses - Maqasid study -), is launched, whether arbitration is by individuals, or by national or international arbitration institutions; From the idea that civilized coexistence in a society that may include people with whims and desires, the aggressor and the oppressor, and the abnormal psychopath needs to maintain order and discipline through the means and mechanisms of conflict resolution, which are no longer limited to the laws and legislation of the courts and the judiciary; However, there have become modern trends that represent alternative means such as arbitration. Hence, one of the most important reasons for my choice of the subject of this study: following this peaceful means and knowing the basic principles of arbitration as an alternative means for settling disputes, and the extent to which it conforms to legal controls, standards and justice purposes. Then the authoritative decision of the arbitrators, especially that judge to separate the spouses in the event of disobedience.

An epistemological approach to the study of the features of indirect expropriation in the modern realities of the international legal context

This article examines approaches to defining the concept and content of indirect expropriation, the current state of legislation and law enforcement practice regarding the protection of foreign investments from the above-mentioned actions. The findings show that judicial and arbitral institutions often avoid the need to make clear conclusions regarding the presence/absence of indirect expropriation without adequate compensation in the host state's actions. The analysis of modern international legal acts and arbitration practice indicates that there are different approaches to determining the legality of indirect expropriation or measures equated to the latter and disregarding the possibility of regulatory expropriation by the host state. The proportionality approach is insufficient to preserve the distinction between indirect expropriation and regulatory expropriation in international investment law. Having identified weaknesses in the analytical framework that tribunals use in attempting to distinguish between indirect and regulatory expropriation, the question remains whether the concepts of indirect and regulatory expropriation are treated more consistently and predictably as distinct practices that must be reliably support. It is presented that regulatory expropriation is identical to direct expropriation, when the host state complies with the criteria of legality of expropriation, in addition, there is a clearly expressed public necessity, it is not subject to dispute, including by a foreign investor. The demands of the foreign investor must be met with immediate, proper, full compensation for the investments made, and there is no need to appeal the decision on the transfer of property into state ownership. In other cases, when the basis for confiscation of property is the adopted legal acts that violate the regime of the greatest support for the investment activity of foreign investors, do not have a justification of social necessity for their adoption and are aimed at depriving a person of the title of ownership of the property without payment of compensation – such actions can qualify as indirect (hidden) expropriation.

An Analytical Look at the Importance of a Legal Organization for the International Electronic Commerce Arbitration Body: Comparative Study between a Draft Law on Arbitration in the UAE and the French and English Laws

This study provides theoretical and practical viewpoints regarding the law required to be applied to proceedings in the field of international commercial arbitration. The Emirati arbitration has been compared under UAE, French, and English laws. The regulations, rules and procedures of international arbitration bodies, institutions and chambers have also been undertaken in this study. This study presents the subject that was not covered from theoretical and practical viewpoint. By discussing the international electronic commerce arbitration body, this study provides insights for researchers, arbitrators, lawyers, judges with the emphasis given to all the English and French Arbitration Act along with the rules and regulations of national and international arbitration institutions and chambers. Similarly, the importance of this issue lies in the importance of arbitration as an alternative means to litigation to settle disputes. When the role of the arbitration board arises from the agreement of the parties to the arbitration dispute and from what is stated in the arbitration contract or arbitration document in the rules that obliges the parties to the arbitration to sign an arbitration document at the beginning of the proceedings. Therefore, proceedings begin because a party to the arbitration dispute expressed its desire to settle the dispute by arbitration, i.e. from the time of the request for arbitration until the award is issued in its final form.