Arbitration Of Disputes Research Articles

Arbitration in Construction Project Disputes over the Last Decade: Bibliometric and Content Analysis

Arbitration in Construction Project Disputes over the Last Decade: Bibliometric and Content Analysis

International commercial arbitration in Ukraine under martial law

It is indicated that International Commercial Arbitration is one of the most effective ways of resolving disputes between participants in international trade, ensuring speed, flexibility and neutrality of the process. However, the activity of arbitration in Ukraine faces a number of new challenges due to the introduction of martial law as a result of large-scale aggression. The hostilities led to significant disruptions to normal economic activity, including making it difficult to enforce contracts, access to justice, and enforce arbitral awards. This raises questions about the ability of arbitration to function effectively in such extraordinary circumstances. The topic is extremely relevant in today’s environment, where Ukraine faces large-scale military aggression that significantly affects all spheres of economic life, including international trade and legal relations between business entities. The article examines the legal and practical aspects of international commercial arbitration during martial law, particularly the impact of military operations on arbitration procedures, the possibility of enforcing arbitral awards, and the problems of their enforcement in a limited legal and economic environment. The main focus is on how arbitration institutions in Ukraine, in particular the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, are adapting to the new realities. The author also considers the issue of enforceability of arbitral awards in the light of military operations, sanctions, economic restrictions, and challenges for the Ukrainian legal system. The challenges related to the organization of the arbitration process, such as logistical difficulties, limited access to resources and documents, as well as the application of sanctions against the parties to the dispute, are explored. Special emphasis is placed on the possibilities of conducting arbitration hearings in a remote format and the use of modern technologies to ensure the continuity of the process under martial law. The article also examines the prospects for adapting arbitration to the new realities, including the possibility of filing claims for compensation for damages caused by military operations. The study analyses the prospects for the development of international arbitration in Ukraine, including the use of digital technologies, online hearings, and adaptation of the arbitration process to the challenges of wartime. Particular attention is paid to the opportunities for Ukrainian entrepreneurs to protect their rights through arbitration in international disputes, including the issue of compensation for damages caused by military actions.

Citizens as lawmakers: legal innovation and the competing moralities of environmental juridification

ABSTRACT Law has increasingly become a relevant political language and a field of political contestation for citizens. In the context of socioenvironmental disputes, citizens have appealed to the courts or become involved in lawmaking as means of asserting their rights and worldviews. Such citizen engagements with law, I argue, amount to a form of worldmaking, as they allow for the introduction of situated moral values that challenge existing notions, rooted in liberal legality, about the environment, development, and sovereignty. This article explores this argument through the prism of the twelve-year long citizen opposition to mining in El Salvador and citizen engagement with law that culminated in the country’s 2017 national ban on metal mining. It focuses on two processes of citizen-led legal experimentation: participation in a commercial arbitration dispute through two amicus curiae submissions and the production of several iterations of law drafts. The ethnographic research on which the article is based employed a networked methodology with a constellation of citizen actors whose engagements with law brought about the mining ban and articulated a set of alternative moral values.

Arbitrability and Mediability of Disputes: The Iranian Perspective

Arbitrability and Mediability of Disputes: The Iranian Perspective

Nonarbitrability and Mandatory Rules: Brothers, Not Twins

Notwithstanding the lack of clear legislative intent, Belgian judges have unilaterally prohibited the arbitration of exclusive distribution disputes, unless a specific Belgian pro-distributor statute was applied or unless similar substantive foreign rules were applied. However, in 2023, the Court of Cassation finally reversed its jurisprudence. Yet, the syllogism underlying this longawaited reversal remains unsatisfactory. It mistakenly equates a conflict-of-laws issue concerning mandatory rules with questions of nonarbitrability under international arbitration law. Such an overly simplistic assimilation is inappropriate in many respects. It dilutes the tailored legal standard applicable to international arbitration into a lesser question of applicable rules. It unduly prevents a subject matter from entering ratione materiae into the arbitration field. Upon closer examination, it conflates two substantively different gateways to arbitration: the nonarbitrability doctrine (Article V(2)(a) of the New York Convention) and the public policy exception (Article V(2)(b) thereof). In so doing, it needlessly erodes confidence in the arbitral process, which is based on parties’ autonomy, and violates the principles of judicial non-interference in international arbitral proceedings and of competence-competence. In essence, regardless of the pro-arbitration outcome in the case at hand, this flawed syllogism violates the New York Convention’s straightforward language and pro-arbitration ethos by potentially generating unnecessary, unforeseeable, and improper exceptions to arbitration.

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.

Arbitration in cross-border data protection disputes

Arbitration in cross-border data protection disputes

Arbitrability of cryptocurrency disputes in India

Abstract Over the past decade, the growth of cryptocurrencies has amazed policymakers worldwide, prompting governments, international organizations, and corporations to address the increasing financial activity in this unregulated and decentralized industry. The murmurs of crypto disputes accelerated after the dramatic collapse of the crypto-trading platform Binance on the day Bitcoin was valued very low, leading to huge losses for its investors. This incident has led to discussions about the potential of using a private forum, such as arbitration, to resolve conflicts in the crypto world. However, adopting arbitration in cryptocurrency disputes raises complex questions, such as whether or not cryptocurrency disputes can be settled by arbitration. This article explores the issue of arbitrability of cryptocurrency-related disputes in India, particularly those related to payment and security tokens. Before discussing the issue of arbitrability, the article will first provide an overview of Indian law on cryptocurrencies, including their validity and regulation. Based on this legal background, it will examine the scope of arbitrability under the Arbitration and Conciliation Act of 1996, focusing on the subject matter in dispute and the public policy test.

Confidentiality and privacy of arbitration in the digital era: pies in the sky?

Abstract Confidentiality and privacy are essential components of arbitration, preceding the digital data era. This article discusses how arbitration stakeholders—arbitration institutions and associations, arbitrators, attorneys, and commercial users—have increasingly lost control over confidentiality and privacy in international commercial arbitration by adopting digital technologies provided by Internet giants, such as Microsoft, Google, Dropbox, and Zoom. Arbitration institutions and users have, often unconsciously, defined confidentiality and privacy expansively to promote the wider use of email, cloud storage, and video conferencing platforms in conducting arbitration proceedings. However, they have overlooked the extent to which the use of digital technologies exposes private and confidential information to third parties, including but not limited to Big Data. They have also placed undue faith in the capacity of Internet giants that dominate the Internet to protect highly sensitive arbitration proceedings which those giants commercialize to garner public attention including in arbitration disputes. In responding to this troubling reality, the article examines how to better protect confidentiality and privacy in arbitration, by refining existing protections embodied in international rules and guidelines and choosing domestic forums that favour such protections. It also encourages arbitration stakeholders to update the rules and their application to arbitral proceedings to respond to both intended and unintended violations of commercial and personal data. That strategy includes redressing the downstream disclosure of injurious data, including by choosing legal forums that protect against the use of intelligence to violate private and confidential data.

Платить или не платить? — вот в чем вопрос. О выплате вознаграждения эксперту за проведение судебной экспертизы в арбитражном процессе

Based on the analysis of legislation, doctrinal sources and judicial practice in the consideration of arbitration disputes, the article examines the issues of payment for the cost of production of an expert examination appointed in a case. At the same time, attention is drawn to the numerous problems that arise in law enforcement, — the conflict and uncertainty of situations of refusal to pay remuneration to experts due to ‘defects’ in the expert’s opinion. The issues of unification of the relevant judicial practice and improvement of the quality of forensic activities are raised.

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.

Drawing the fuzzy line: arbitrability of dissolution-related disputes in China

Drawing the fuzzy line: arbitrability of dissolution-related disputes in China

Procurement Disputes Arbitration: Main Problems at the Present Stage

The relevance of the paper is predetermined by the study of the key problems of arbitration in the context of the specifics of public procurement at the present stage, namely, the problem of determining the appropriate criteria for the conclusion and validity of arbitration agreements. The purpose of the study is to critically evaluate the so-called non-arbitrability formula, established in contemporary court practice; to disclose the algorithm for the emergence of contractual relations as a result of competitive procurement procedures; to substantiate the legal force of arbitration clauses incorporated into contracts before arbitration rules are deposited by the arbitration institution. The author sees the objectives of the study in substantiating the fundamentally permissible arbitrability of contractual disputes in all segments of procurement relations (not only by direct order under the federal law, but also for the future, including contractual disputes in the field of state defense orders due to the variety of available transactions); in identifying factors contributing to the proper assessment of an arbitration agreement for its validity. Methodologically, the paper is based on a set of general scientific (analysis, modeling, analogy, hypothesis), private scientific (formal logical, systemic, functional) methods, and uses the formal legal method. The results of the study allowed the author to draw conclusions about sufficiency of existing legislative regulation for assessing the conclusion and validity of arbitration agreements included in draft contracts at the stage of competitive procurement procedure; about the lack of grounds for evaluating these agreements for their compliance with the principles of procurement; aboutthe legal force of dormant arbitration clauses necessary for business turnover in the short term. The author suggests directions for improving law enforcement practice aimed at curbing abuses in terms of challenging arbitration agreements on the grounds of their non-conclusion and (or) invalidity.

Consensual settlement of competition disputes in China: a call for conditional arbitrability

ABSTRACT The current reform of China’s Arbitration Law is aimed at making the country a more attractive seat for international commercial arbitration and at encouraging consensual dispute settlement to supplement the heavy workload of the courts. At the same time, due to the lack of certainty as to the arbitrability of antitrust disputes, the competition-related arguments may effectively stall or delay arbitration proceedings or create the risks of setting aside of arbitral awards on public policy grounds. The paper addresses the aforementioned problem by advancing a call for conditional arbitrability of antitrust disputes in China, which will require clarification of the applicable legal standards and detailed procedural guidance by the Supreme People’s Court that would instruct the arbitrators and the parties about applying competition rules in the context of contractual disputes. This policy proposal is grounded on the analysis of the divergent judicial approaches to arbitrability of competition-related issues developed by the Chinese judiciary.

К вопросу об арбитрабельности наследственных споров

The article deals with the problem of arbitrability of hereditary disputes. The author notes that along with the criteria of objective arbitrability, additional criteria should be taken. The basis of new criteria should be public interest. Based on the analysis of hereditary relations through the prism of public interest, the author concludes about the non-arbitrability of hereditary disputes.

A Blockchain-Based Multi-Cloud Storage Data Auditing Scheme to Locate Faults

The advent of network storage services has revolutionized user experiences worldwide, offering unparalleled convenience, cost-effectiveness, and robust availability. However, relying solely on a single service provider entails inherent risks. To address this, sophisticated multi-cloud storage systems have emerged, aiming to mitigate data corruption risks. Nevertheless, ensuring data integrity in such systems necessitates robust auditing schemes. Traditional approaches often depend on centralized entities like third-party auditors (TPAs) or cloud service organizers, leaving users vulnerable to malicious actors during disputes. In response, we propose a blockchain-based multi-cloud storage auditing framework. By leveraging blockchain technology, we establish an immutable ledger to record interactions among users, service providers, and organizers, serving as indisputable evidence. Smart contracts are employed to detect and resolve service disputes, compelling untrusted organizers to accurately identify malicious providers. Additionally, we utilize blockchain networks and homomorphic verifiable tags to facilitate low-cost batch verification without the need for TPAs. Theoretical analyses and empirical evaluations demonstrate the scheme's efficacy and cost-effectiveness in multi-cloud environments, promising enhanced data integrity and dispute resolution mechanisms. Keywords—Multi-cloud storage, blockchain, data auditing, dispute arbitration

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.

THE CHALLENGES OF INVESTMENT ARBITRATION: SUCCESS OR FAILURE? A COMPARATIVE ANALYSIS OF INVESTMENT ARBITRATION IN NORTH MACEDONIA AND KOSOVO

Background: In today's modern business and technological landscape, businesses are increasingly inclined to seek alternative methods for resolving disputes rather than rely solely on traditional court procedures. Businesses are also increasingly aware of the significance of resolving conflicts through alternative means and taking proactive measures to avoid litigation. In recent decades, investment arbitration has gained widespread acceptance and has emerged as a preferred mechanism for resolving disputes involving international investors in Western Balkan countries. Some countries demonstrate a favourable inclination towards employing arbitration as a dispute resolution mechanism by enacting legislation that grants investors the right to initiate arbitration proceedings against the state in case of failure. This scientific research objective will be achieved through the reflection of the legislative framework in the matter of investment arbitration as well as the reflection of the flow of foreign investments, analysing and not limited to the treatment of concrete cases of arbitration disputes. Through this approach, we will answer the central question of how much arbitration as an alternative dispute resolution mechanism is a stimulating factor for attracting foreign direct investment or whether multinational companies only use the legislative and incentive favours offered by the Republic of Kosovo and North Macedonia. Methods: The article was conceived based on a modern methodological framework. Within the general methodological framework of scientific research, logical methods play a crucial role in the scientific processing of the research data, drawing conclusions and determining facts through which the truth of the thesis of the work is reached scientifically. In the context of this paper, the method of analysis through which the impact of arbitration as an alternative dispute resolution mechanism in relation to the flow of investments will be analysed is noteworthy. Additionally, methods of abstraction and concretisation will also be used. Abstraction is the basis of analysis, which sometimes represents the separation of parts from the whole subject. Moreover, the comparative method will highlight the diverse normative solutions in national legislation and international legal sources. Results and conclusions: In the article, the authors propose considering the effectiveness of existing provisions and determining whether adjustments or alternative approaches are needed to maximise the benefits of foreign investment while minimising potential risks and uncertainties associated with dispute resolution processes.

The role and significance of International Commercial Arbitration in investment disputes

International commercial arbitration (ICA) is an important dispute resolution mechanism in the field of international trade and investment. In the conditions of constant globalization and the growing integration of the world economy, there is a need to effectively resolve conflicts arising in the sphere of commerce and investment relations. In recent decades, there has been a significant increase in investment disputes related to various aspects of business, from contractual obligations to the protection of foreign investments.
 Consideration of investment disputes in the ICA involves the use of the principles of the autonomy of the will of the parties, confidentiality, and finality of decisions, which makes this mechanism particularly attractive for businesses and investors. Scientific research in this area is of great importance for understanding the effectiveness and prospects of the development of the ICA as a tool for resolving investment disputes.
 In this context, the analysis of the role and significance of the ICA in investment disputes is of great practical and scientific importance. This article aims to consider the main aspects of International Commercial Arbitration in the context of solving investment conflicts, in particular, to analyze the principles and procedures, consider cases of successful use of the ICA, as well as determine the advantages of this mechanism compared to ordinary court procedures.
 This article analyzes the role and significance of International Commercial Arbitration in the context of investment dispute resolution. Important principles and procedures of the ICA that ensure effective and fair resolution of conflicts between business and investors are emphasized. An analysis of the advantages of the ICA compared to traditional court procedures is carried out, in particular its contribution to the investment climate and investor confidence. Based on the analysis of examples of successful dispute resolution through the ICA, recommendations are provided for the parties in resolving investment conflicts. This article has implications for practitioners, academic researchers, and anyone interested in international trade and investment.

Judicial Control Over Arbitration in Administrative Disputes (Comparative Study)

Judicial Control Over Arbitration in Administrative Disputes (Comparative Study)