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The fundamental determinant of the functioning of arbitration is the establishment of a viable alternative to the state judiciary. However, in some cases (due to their special nature) it is necessary for state courts to maintain a monopoly of adjudication. As a result, regulations relating to the substantive scope of arbitrability play a relevant role within the rules governing arbitration. The rules on arbitrability have undergone constant modifications — from the totalitarian times of the People’s Republic of Poland to the modern era. This is in undoubted connection with changes in the scope of the domestic social and economic system. The subject scope of permissibility of arbitration is constantly liberalizing. The changes being introduced are aimed at bringing the domestic regulation of arbitrability in line with international standards. The legislator is also revising the arbitration rules in the scope in question — thus eliminating relevant doubts regarding their interpretation, which is also showing significant importance for the practice of arbitration. Consequently, it seems that one can risk stating that, in the final effect, the analyzed legislative actions have a chance to make arbitration a viable alternative to proceedings before a common court. [ABSTRACT FROM AUTHOR]

In a recent judgment regarding the development of the port of Damietta, the Egyptian Court of Cassation held that public policy considerations prevent arbitral tribunals from ruling on Cabinet approvals of certain government contracts. This article provides an overview of the key tenets of the judgment and their impact on government contract arbitration in Middle East. It discusses the essential reasoning of the award and the subsequent judgments, and puts them in the context of previous jurisprudence. A striking feature of the Court of Cassation's decision is its conclusion qualifying the approval of the contract as an administrative decision. As a consequence, the existence and validity of the approval was held to be inarbitrable - even if the arbitration does not concern the approval as such, but rather the financial rights arising out of the concession. This outcome adds to the uncertainties associated with administrative approvals and may render arbitration involving such approvals practically unfeasible. Given the influence of Egyptian jurisprudence, courts elsewhere in the Arab world may be inspired to take a similar stance. Investors entering into such contracts are well-advised to ensure that all necessary approvals clear and unequivocal; parties and arbitrators should be aware that an award may be susceptible to a challenge and enforcement may be necessary outside of Egypt. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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]

Copyright of Revista Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Themis: Revista de Derecho is the property of Themis Asociacion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Throughout the years, the scope of arbitrability has been continuously expanding. There is a growing tendency to consider as arbitrable disputes which in the past fell within the exclusive jurisdiction of national courts. The competence of arbitral tribunals in handling competition law disputes has transpired as one of the most recent global trends, albeit not an entirely uniform one. As a result of the legitimate public interest of states to promote fair market competition and prevent disruptive market actions, competition and antitrust disputes have long been considered to be in the exclusive domain of national courts. Regardless of whether the parties have chosen arbitration as a mechanism for solving dispute which has arisen or might arise, in the past courts were reluctant to allow the parties to bring forth competition disputes to any forum other than state courts. However, through several landmark decisions in the USA and the European Union this rigid stance has been challenged. The main contention is whether, and to what extent can arbitration be considered just as a "switch of venue" and to what extend do arbitrators have the power to decide such disputes. From the arbitrators' point of view, it is important to assess whether the dispute can be resolved by arbitration i.e. whether the dispute would be arbitrable under the applicable law, and whether the rendered award would be open for challenges and setting aside further down the road. There are situations where public policy dictates dispute to be brought before a national court, but in all other cases an individual assessment needs to be made. Unlike the rest of the world where there is an emerging trend to consider competition law disputes as arbitrable to some extent, in the Republic of North Macedonia there isn't any guidance as to whether these types of disputes might be submitted to arbitration. As a result, a careful evaluation of the existing laws is required to understand the underlying principles and interests of the stakeholders and assess whether in the current legislation there is a mechanism that would allow for such disputes to be resolved by arbitration. The article aims to examine the possibility of arbitrating antitrust/competition law disputes. It aims at making an overview of jurisdictions in which there is a tendency to allow such disputes to be resolved by arbitration and through the use of comparative analysis to highlight the differences which exist in those jurisdictions concerning the subject matter which can be subjected to arbitration. It further seeks to evaluate whether the stance taken in other jurisdictions concerning these types of disputes can be reflected within the laws of the Republic of North Macedonia. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The object of this paper on arbitrability in the Spanish legal system, is to explore whether the general rule on objective arbitrability, based upon the free disposition of the rights which under the Spanish Arbitration Law translates a general principle pro arbitration and arbitrability, is threatened by doctrinal interpretations, legal rules or recent judicial decisions, where arbitrability has been constrained. This is particularly the case in the field of regulated sectors, where the arbitrability of disputes is quite controversial and complex, and the key institutions meet: arbitration, state justice, and decision-making powers attributed to a regulatory body, in the case of Spain, the National Commission on Markets and Competition (CNMC). [ABSTRACT FROM AUTHOR]

The object of this paper on arbitrability in the Spanish legal system, is to explore whether the general rule on objective arbitrability, based upon the free disposition of the rights which under the Spanish Arbitration Law translates a general principle pro arbitration and arbitrability, is threatened by doctrinal interpretations, legal rules or recent judicial decisions, where arbitrability has been constrained. This is particularly the case in the field of regulated sectors, where the arbitrability of disputes is quite controversial and complex, and the key institutions meet: arbitration, state justice, and decision-making powers attributed to a regulatory body, in the case of Spain, the National Commission on Markets and Competition (CNMC). [ABSTRACT FROM AUTHOR]

The aim of this article is to analyse the mutual relationship between arbitrability and public interest. The definition of arbitrability has remained in the domain of national law; there is no internationally unified definition, although a common trend towards the extension of its scope may be observed. There is no doubt about arbitrability in disputes concerning only the individual interests of the parties. However, if the dispute shows elements of public interest, it does not automatically imply that it is not arbitrable. A sign of equation thus cannot be put between public interest and inarbitrability. Disputes arising from economic activities involving public interest can be resolved before the arbitral tribunals. This for instance includes private-law enforcement of competition rules (including EU ones), disputes affected by illegal (criminal) actions, disputes concerning intellectual property rights (in certain countries also with erga omnes effects) or disputes related to insolvency proceedings. [ABSTRACT FROM AUTHOR]

This article explores the possible modification of the UNCITRAL Model Law on International Commercial Arbitration (MAL) to include the topic of arbitrability. This is an area in which the domestic legal systems differ, particularly in relation to the arbitrability of intra-corporate disputes. The article also deals with new art 2A, introduced into the Model Law in 2006, which deals with the interpretation and gap-filling system under the Model Law. The interpretation of MAL in accordance with its international character is a very important step towards uniformity and therefore the different tools required for a uniform interpretation are analysed. These include case law and scholarly writings; the meaning and importance of achieving both a uniform and an international interpretation of MAL are also considered. The article also analyses the whole text of MAL in order to arrive at the general principles on which the Model Law is based; when problems have to be solved, these principles should guide issues of interpretation that arise under this law. [ABSTRACT FROM AUTHOR]

This article provides a brief description of the second-look doctrine and an analysis of its implications for the Russian legal system in terms of legislation, case law, and doctrine. It contains a review of existing judgments by Russian Arbitrazh courts on the issue, with an analysis of the courts' reasoning with regard to the effects of the second-look doctrine. The article ends by noting that Russian law allows for two different interpretations-minimalist and the mixed-of the doctrine. These approaches require a different standard for court review ot arbitral awards involving antitrust matters. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

From an international point of view, the legal discipline which uses the most known instruments of the world to assure its effectiveness is probably the commercial arbitration. One of those instruments is the 1958 New York Convention. Additionally, the American States are bound by the Interamerican Convention on International Commercial Arbitration subscribed in Panama City in 1975. However, this document has been criticized concerning its content and its execution possibility; for this reason, its efficacy and application have been set aside by transnational commerce operators for solving controversies. In effect, its arbitrability requirements are not very clear, so its existence should be specified in such a way that the Convention can be recognized as a real juridical consolidation tool for solving controversies in an amicable way. [ABSTRACT FROM AUTHOR]