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The increasing number of arbitral decisions has led to potentially conflicting decisions in the field of international commercial arbitration. Generally, this contradiction may affect the investment environment in a negative way. Hence, this leads the researchers to answer an important question about the effective ways of dealing with these conflicting decisions. This paper focuses on the value of arbitral precedents and the creation of an appellate system or a formal system of the scrutiny of arbitral awards in all the major institutions offering arbitration services. Although the author believes that there is no doctrine of binding precedents in international law, as it is in the international commercial arbitration, and it is more dismissive in the Civil Law Legal System countries as the UAE, it is increasingly clear, in some arbitration systems, that arbitrators frequently cite to other arbitrators' awards to avoid contradictory in similar cases. Taking the above background into consideration, the main question is: Do arbitrators create precedent? On the other hand, irrespective of any particular stance on the need for an appeal system in international arbitration, the author finds that this proposition may offer some minimal safeguards towards reducing conflicting arbitral decisions. [ABSTRACT FROM AUTHOR]

The enforcement of foreign arbitration awards in North Korea is highly problematic due to the unique legal and economic structures. A dearth of enforcement options for property rights, rooted in limited individual ownership, widespread distrust in local currency, and limited movable assets, leads to a focus on real estate use right for enforcement actions. The absence of private real estate ownership and a proper registration system, however, pose considerable challenges. Article 65 of North Korea’s External Economic Arbitration Law provides seven grounds for refusal to recognize and enforce foreign arbitration awards, one of which allows for broad interpretation, possibly leading to governmental interference or non-enforcement. Furthermore, this article highlights the difficulties in enforcing arbitration awards via real estate assets due to restrictions on ownership and the absence of a real estate registration system. This article also analyzes ambiguities in transferring real estate use rights to foreign creditors following arbitration awards. [ABSTRACT FROM AUTHOR]

A private plaintiff may bring an action against a defendant for the infringement of competition law. In Western countries, it is widely accepted that parties can subject to choice of forum agreements claims seeking private law remedies based on competition law infringements. Accordingly, parties are free to refer those claims to a foreign court or arbitral tribunal for their determination. In contrast, it remains an open question in most Asia-Pacific jurisdictions whether competition-related claims are subject to choice of forum agreements (in particular, an arbitration agreement). If the answer is affirmative, a number of incidental questions will arise. For instance, in what kinds of competition-related claims and under what circumstances will choice of forum agreements be applicable? With focus on international arbitration, this article will look into recent developments around the globe and then propose how states in the Asia-Pacific region should approach those issues. [ABSTRACT FROM AUTHOR]

Commercial arbitration and personal data protection is an aspect of the theoretical dispute regarding interference of public law norms in private law or vice versa, sometimes the qualification of influence depending on the branch from which the regulation is analyzed. Rethinking data protection in the European Union has a significant impact on commercial arbitration. In the first part of the article we note the role of data protection rules in arbitration. For the arbitral tribunal, data protection is a public law obligation, which joins its own confidentiality. First of all, it is significant for disclosing the obligations of arbitral tribunals regarding the protection of personal data, for the establishment of technical and organizational measures. Recent documents are analyzed, such as the ICCA-IBA Roadmap to Data Protection in International Arbitration. In the second part, we consider elements of cyber security specific to commercial arbitration. In the third part of the article, we note the role of arbitration in resolving disputes in the field of personal data protection. [ABSTRACT FROM AUTHOR]