Arbitration System Research Articles

Judicial Oversight of Labour Arbitration Awards

This paper investigates the scope and limitations of judicial oversight in labour arbitration awards, focusing on the balance between arbitration autonomy and the need for judicial intervention. The research addresses the central question: To what extent should courts intervene in arbitration awards in the labour sector? Through a doctrinal analysis of statutes, case law, and scholarly perspectives, the paper evaluates how judicial oversight impacts labour arbitration, particularly in Nigeria, the United States, and the United Kingdom. Findings indicate that while judicial intervention is essential to ensure fairness and compliance with public policy, excessive involvement can undermine the efficiency and finality of the arbitration process. The study concludes that an optimal balance between judicial oversight and the autonomy of arbitration is critical to maintaining a functional and just labour arbitration system.

Azərbaycan Respublikasinda arbitraj mübahisələrin həllinin alternativ üsulu kimi

The article analyses in detail the recently adopted Law on Arbitration in the Republic of Azerbaijan, which was intended to replace the Law on International Arbitration. The Law sets out the categories of disputes subject to arbitration, the criteria for the selection of local arbitrators and the rules for the recognition and enforcement of arbitral awards. Particular attention is paid to the development of a system of domestic arbitration as a means of reducing the judicial burden, as well as harmonising the country's arbitration practices with international standards. The article also extends the discussion by raising questions about the history of arbitration, beginning with its origins as a method of resolving conflicts without involving the judicial system. The evolution of arbitration is examined in detail, emphasising its ancient roots and its gradual development in many cultures and legal systems. Special emphasis is placed on the term "arbitration courts" in the Republic of Azerbaijan, exploring the specifics and peculiarities of the local context of arbitration. In addition, the article touches upon the important comparison between arbitration and mediation in our state, highlighting the differences and similarities between these two methods of alternative dispute resolution. Both methods stand out as key tools in legal practice, helping to resolve conflicts and strengthen business relationships. Keywords: law on arbitration, alternative dispute resolution, arbitration, arbitration agreement, arbitral tribunal, international arbitration, arbitration organizations, arbitration award, mediation

No Surprises Act independent dispute resolution outcomes for emergency services.

The No Surprises Act banned surprise billing and established a final-offer arbitration system, independent dispute resolution (IDR), to resolve disagreements between health plans and providers. One factor that arbiters must consider in the IDR process is the qualifying payment amount (QPA), the median contracted rate for the same or similar service in the same market as computed by health plans. We analyzed public IDR data from 2023 for the most common disputed professional service: evaluation and management of a moderate to severe emergency medicine visit. Providers won 86% of cases, with mean decisions 2.7 times the QPA. Private equity-backed providers won more often and higher monetary awards than other providers. The mean QPA was 2.4 times Medicare payments. Disputes were dominated by a small group of health plans and providers, so payments may not reflect the overall market for emergency services.

Article: The Neglected Public Interest in Investor-State Dispute Settlement: Environmental and Human Rights Considerations

With the rapid expansion of bilateral investment treaties (BITs), investor-state arbitration has paved its way to becoming the most preferred dispute settlement method by investors. However, the investment arbitration system has also attracted ‘backlash’. One reason is the challenge to balance between protection of foreign investors and the recognition of host states’ legitimate public interests. With the current pressures to reform the investor-state dispute settlement (ISDS) system, there is a pressing need to offer a better balance between investor protection and host states’ sovereign right to regulate, as well as the wider public good such regulatory measures might have, especially in the context of environmental protection and human rights. This article argues for a better symmetry between foreign investor’s treaty-based claims and host states’ environmental and human rights (EHR) claims to acknowledge the public interests – social, economic, welfare, etc. In particular, it advocates for: the strengthened presence of independent experts and amicus curiae, a proportionality approach; and the overarching development of counterclaims as a consideration not only of the host state’s capacity to regulate but also the wider repercussions of such regulations on the public as well as the conduct of foreign investors.

Arbitration Trends and Challenges in Transnational Commercial Disputes

As globalization accelerates, cross-border business grows, leading to more disputes. Traditional litigation often fails to meet demands for efficient, flexible resolution. At this time, the alternative dispute mediation mechanism, such as arbitration, has emerged and demonstrated its irreplaceable utility in dealing with international commercial conflicts. The main purpose of this paper is to examine the practice trend and the existing difficulties of arbitration in the mediation of transnational commercial disputes in recent years. Firstly, through a systematic review of the literature, we can extract the fundamental characteristics of transnational commercial arbitration and outline its evolution.Secondly, it analyzes the latest practice of arbitration system in the world and the influence of technological innovation. Then, this paper deeply discusses the specific problems encountered in the practice of arbitration, including the obstacles in the application of law, the execution of awards, etc. Finally, based on the above research results, this paper puts forward strategies and suggestions to improve transnational commercial arbitration procedures, aiming at promoting fairer and more efficient operation in this field. It is expected that this research can contribute enlightening reference to the future evolution path of cross-domain commercial dispute arbitration.

Peran Arbitrase dalam Resolusi Sengketa Internasional: Studi Kasus Sengketa Laut Tiongkok Selatan

The purpose of this study was to find out how the arbitration line could settle south China's sea dispute. The study USES a normative-law study method, including a constitutional approach, a case approach, and a historical approach. Data collected and processed is viewed as secondary; The collection of primary and secondary legal materials is done by literature; Thereafter, the data is systematized and analyzed through descriptive methods. The results of this study explain south China sea disputes raised by the Philippines, which feel that they have a right to the region. The Philippines brought their conflict with the country of China in the south China sea into the international arbitration system. The Philippines claims that the coral reef environment was damaged by China's action to build an artificial island.

COMPARISON OF COMMERCIAL DISPUTE RESOLUTION MECHANISMS IN JORDAN AND THE MIDDLE EAST

This article provides a comprehensive comparison of commercial dispute resolution mechanisms across Jordan, Saudi Arabia, the United Arab Emirates (UAE), and Egypt. With the increasing globalization of business and the growth of foreign investments in the Middle East, an effective and efficient legal framework for dispute resolution is critical. The primary goal of this study is to provide a comprehensive comparative analysis of commercial dispute resolution mechanisms in Jordan and key Middle Eastern countries, with the aim of understanding their impact on the business climate and investor confidence in the region. The research employs a comparative analysis approach, drawing on a variety of sources including legal texts, case studies, and interviews with legal experts and business professionals from Jordan, Saudi Arabia, UAE, and Egypt. This comparative analysis examines the similarities and differences in the dispute resolution frameworks of these four countries, focusing on judicial processes, arbitration practices, and the adoption of alternative dispute resolution (ADR) methods. All four nations share a common legal heritage influenced by Islamic Sharia law and have adopted international standards such as the UNCITRAL Model Law to modernize their arbitration systems. Each country has established specialized commercial courts to expedite the resolution of business disputes and is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, facilitating cross-border enforcement of decisions. However, there are distinct differences shaped by local legal and economic policies. For instance, the UAE features a dual judicial system that includes Sharia-influenced local courts and common law-based courts in its free zones, which are absent in the other three countries. The study highlights the strengths and weaknesses of each jurisdiction's dispute resolution mechanism and discusses ongoing reforms aimed at enhancing the effectiveness and efficiency of legal processes. This analysis not only aids in understanding each country's approach to dispute resolution but also serves as a guide for international businesses and investors considering operations in these regions.

Artificial Intelligence and Foreign Investment Law Arbitration: an Analysis of Regulatory Framework Implications

Abstract This paper proposes a structured, tiered framework through a UNCITRAL Model Law to gradually integrate artificial intelligence (AI) into foreign investment law arbitration in an ethical and effective manner. It also explores the critical role arbitration institutions can play in facilitating AI implementation. It details how AI can assist arbitrators by searching vast datasets, automating routine tasks, and enhancing decision-making through analysis of previous cases. Current AI regulations in regions like the EU, UK, and Canada fall short in addressing the complexities of cross-border arbitration and ensuring interoperability. By emphasising the distinct contributions of the proposed UNCITRAL Model Law and arbitration institutions, the paper highlights a multi-faceted strategy to overcome challenges posed by outdated international conventions, inconsistencies in bilateral investment treaties, and the lack of comprehensive guidance. This approach aims to refine the integration of AI in arbitration processes, enhancing efficiency, fairness, and the legitimacy of the arbitration system.

Exploration of the Path of Labor Dispute Resolution

According to the traditional view, the main ways to handle labor disputes include: workers and employers resolve disputes through consultation, apply for mediation to the Labor Dispute Mediation Committee, submit to the Labor Dispute Arbitration Committee to apply for arbitration in accordance with the law, and file labor lawsuits with the court. Each of these ways has its own advantages and disadvantages, but they are also closely related and interconnected. In practice, the parties may not know which route is more conducive to resolving a dispute, nor are they clear about the specific functions of the various institutional themes and the differences in the advantages and disadvantages of resolving specific issues. And in the legislative system, the functions of the various institutional subjects also have cross and blank areas. This article will focus on the labor security supervision system and the labor dispute arbitration system, as well as the relationship and interface between the labor dispute arbitration system and the labor litigation system to do a brief analysis and put forward proposals.

From Aspiration to Public Policy: Imprinting UNGP-Aligned Footprints of Corporate Responsibility and Accountability into the Shifting Sands of International Arbitration Practice

Abstract Endorsed more than a decade ago by the UN Human Rights Council, the UN Guiding Principles for Business and Human Rights (UNGPs) articulate the responsibilities of States and corporations for human rights. Since then, the issue of corporate responsibility for human rights, and also the environment, and how it ought to be recognized and enforced, has attracted increasing attention. In more recent years, States have promulgated a flurried storm of ESG regulations requiring disclosure of human rights or climate risks or mandating human rights due diligence across global supply chain networks, intensified their transition to greener economies, and continued to negotiate treaties infused with dreams of more sustainable investment and development. Against this backdrop, in October 2023, a UN Special Rapporteur presented a report that condemned the international arbitration system for prioritizing the protection of corporate property rights over the protection of international human rights and the environment. In tracing the development of a ‘soft law’ aspiration of corporate responsibility to inscriptions into ‘hard law’ international investment law treaty instruments and then considering how those inscriptions have been interpreted and applied by tribunals, this article finds that despite the nascent recognition of corporate responsibility for human rights and the environment, the enforcement of accountability for that responsibility in international arbitral practice is currently misaligned with the UNGPs and with other fundamental tenets of international law. This article subsequently explores the opportunity, and implications, for imprinting stronger footprints of responsibility and accountability in international arbitral practice, including through the potential recognition of new international public policy upholding corporate responsibility for human rights and the environment, and in doing so, highlights the need for greater cross-industry, multidisciplinary and multilateral dialogue on an issue of not only global significance, but with global impact.

Development of Institutional Arbitration in Spain

INTRODUCTION. The development of the statuto­ry regulation of institutional arbitration in Spain has been briefly outlined at the present study. The legal status of arbitral institution, the legal nature of its rights, obligations and liabilities have been examined. The role of arbitral institutions at the current arbitra­tion situation in Spain has been briefly outlined.MATERIALS AND METHODS. The study has been based upon Spanish legislation, key judicial acts and works of Spanish and Latin American experts in the field. General scientific methods of knowledge – analy­sis, synthesis, induction and deduction – have been applied during the study. Special legal methods – for­mal-legal, technical-legal, the method of legal analogy, as well as the comparative legal method – have been also applied.RESEARCH RESULTS. The study demonstrates three factors which obstacle a full-scale development of institutional arbitration in Spain. The first factor is that the commercial arbitration itself has been a new phenomenon and it has been still unknown to the most of the Spanish population except a rather narrow community of professionals. As a consequence, the most of Spanish business community members put their best faith upon the judicial way of disputes reso­lution. As another consequence, confidentiality of pro­ceedings and absence of appellation remedy have been treated rather as weaknesses than advantages of arbi­tration. The second factor is that there has been a deep-rooted point of view across Spanish business and lawyers communities that an arbitrator is rather legal representative of the party he has been appointed by. Which provokes reasonable doubts regarding inde­pendence and impartiality not only of an arbitrator, but an arbitral institution as well. The both factors outcome a low number of arbitrations in Spain and activate the third one. The third factor is a rather low level of competence of arbitrators and arbitral institu­tions staff due to the lack of practice. The study dem­onstrates significant efforts of the leading Spanish ar­bitral institutions in order to eliminate the factors.DISCUSSION AND CONCLUSIONS. The devel­opment of the statutory regulation of institutional ar­bitration in Spain has been briefly outlined. The legal status of arbitral institution, the legal nature of its rights, obligations and liabilities have been examined. The role of arbitral institutions at the current arbitra­tion situation in Spain has been briefly outlined. Based upon the results of the study, the author comes to the conclusion that despite a significant progress in im­proving of legal regulation of institutional arbitration and the commercial arbitration as a whole, Spain has still quite a long way to go in order to create an effi­cient system of commercial arbitration and to become an attractive jurisdiction for international commer­cial arbitration as well.

The brain's arbitration system and obsessive-compulsive disorder.

This scientific commentary relates to ‘Neurocomputational model of compulsivity: deviating from an uncertain goal-directed system’ by Kim et al. (https://doi.org/10.1093/brain/awae102).

Research on the Reform and Development of International Commercial Arbitration in China

International commercial arbitration is the preferred way to resolve cross-border commercial disputes. Facing new situations and challenges, the government should strengthen the training of international commercial arbitration talents, actively participate in international arbitration rule-making, promote the integration of modern technology with commercial arbitration, improve the laws and regulations on international commercial arbitration, and enhance the publicity to raise the awareness of arbitration. Hence, this can establish a sound international commercial arbitration system in line with China’s national conditions and international standards to further optimize the business environment in China and better promote international economic and trade exchanges.

Study on the Improvement of the Protection of Procedural Rights and Interests of Workers in Labour Dispute Arbitration

Arbitration of labour disputes, as an important way to protect the rights and interests of workers, aims to achieve better resolution of labour disputes and maintenance of labour relations through the front-loading of arbitration of labour disputes. With the continuous development of the society, labour dispute disputes are increasing, and the procedural rights and interests of workers in labour dispute arbitration are also more and more prominent. Based on this problem, China needs to carry out a series of reforms to the labour dispute arbitration system, to fill the gaps in the existing legal regulations, and to propose a series of targeted measures for the difficulties encountered by workers in labour dispute arbitration.

Review of Arbitral Award of Network Loan and Analysis of Construction of Implementation Review Rules

The network arbitration cases arising from the network lending disputes are pouring into the courts in large numbers. It is reported that the network arbitration system of some arbitration institutions even “can accept more than 10,000 cases every day,” while online lending is booming, it has also caused a lot of contradictions and disputes, and traditional dispute resolution methods have failed to effectively respond to the need for efficient and convenient resolution of online lending disputes. This paper tries to study the arbitral award of online loans and proposes the construction of implementation review rules.

Research on the Modernization of China Foreign Commercial Arbitration: From the Perspective of Building an International Commercial Arbitration Center

Under the background of social change and the great development of "Belt and Road" policy, China's international commercial arbitration is facing a higher level of development needs. In order to solve the existing problems, draw on the experience of the world's advanced international arbitration centers, improve the concept of arbitration, and improve the level of arbitration services, China should take the goal of building a China international commercial arbitration center comparable to the world-class level, and constantly explore the development path of arbitration. This paper analyzes the present situation and trend of international commercial arbitration in China, discusses the connotation and value of China international commercial arbitration center, put forward from government relations, institutional development, system architecture, modernization can assign four aspects to improve the arbitration center construction scheme, and innovatively put forward the horizontal and vertical two lines and special assigned to the development of the framework. Accordingly, China's international commercial arbitration system should be continuously improved, the credibility and discourse power of China's international commercial arbitration should be enhanced, and China should build an international arbitration brand with Chinese characteristics.

Independence and impartiality: Australia’s arbitrator bias test

Abstract This article examines Australia’s arbitrator bias test to reveal its underlying contradictions and ambiguity and suggests that the legislation is amended to remedy these flaws and ensure Australia stays in line with international best practice. In 2010, section 18A of the International Arbitration Act 1974 (Cth) introduced the arbitrator bias test into Australian statute. The provision failed to specify both limbs of the test and relied on Gough, an outdated English case. This produced two opposing decisions from Australia’s federal judiciary: Sino Dragon and Hui. The uncertainty of Australia’s arbitrator bias test strikes at the heart of the process as the independence and impartiality of arbitrators is a fundamental pillar of international commercial arbitration. After critically analysing the progression of England’s approach to the arbitrator bias test over the past century to date, I conclude that the inherent unclearness of Australia’s approach needs to be remedied by the real possibility test being codified in Australian statute. This test reflects the Australian federal judiciary’s most recent approach. My analysis also reveals it is the most appropriate test. By clarifying Australia’s arbitrator bias test those associating with Australia’s international commercial arbitration system have the requisite certainty and clarity to engage with ease.

Analysis of the Applicable Arbitration System for Resolving Administrative Agreement Disputes

Analysis of the Applicable Arbitration System for Resolving Administrative Agreement Disputes

The legal construction for the International Chamber of Commerce arbitration in resolving corporate conflict

The International Chamber of Commerce (ICC) is a private international non-governmental organization that provides its services to the international trade sectors (Wetter, 1985). Further, the ICC supervises its arm known as the International Court of Arbitration, which is an independent arbitral institution, affiliated with the ICC, which administers arbitration proceedings following the arbitration rules of the ICC but without adjudication of disputes as the adjudication of disputes is the jurisdiction of the arbitral tribunal. Yet, we have two problematic issues that the research treats: the confusion in the nomenclature and competencies between the components and units of the ICC during its practice of arbitration to settle corporate conflicts; while the second issue is that the basic elements of the arbitration process at the ICC based on its arbitration rules is not clear. Hence, the research approached these two issues in a direct presentation of the reality of arbitration at the ICC. The research emphasized the new modifications of the ICC arbitration system that resolve both above problematic issues.

Construction of Provisional Arbitration System in China under the Background of Revision of “Arbitration Law”

Construction of Provisional Arbitration System in China under the Background of Revision of “Arbitration Law”