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Copyright of AIN Journal is the property of Arab Institute of Navigation 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 Computer und Recht is the property of De Gruyter 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.)

With the Appellate Body appointments crisis dragging on, the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) represents a solution for any WTO member that wants to ensure that binding dispute settlement is available. Without US participation in the MPIA, however, WTO dispute settlement loses some of its luster and effectiveness. Would the United States ever consider joining the MPIA? One of the US concerns with the Appellate Body was its "institutional" nature, and the MPIA addresses that to some extent. The chances of the US joining the MPIA may not be high at the moment, as President Donald Trump and his trade policy team are among the biggest skeptics of WTO dispute settlement. Nevertheless, it may be worth laying the foundation now for a future US administration to join a version of the MPIA. A good approach would be to demonstrate the utility of the MPIA over the next several years by using it to help resolve WTO disputes when the opportunity arises. To this end, convincing a few of the holdouts -- such as the United Kingdom, South Korea, and India -- to join would be of great value, so that the MPIA gets more use. A case could then be made to the next US administration that, if it still objects to having an institution such as the Appellate Body hear appeals of panel reports, there is a version of the MPIA that could serve as an alternative. [ABSTRACT FROM AUTHOR]

Copyright of Larq Journal for Philosophy, Linguistics & Social Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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 article examines key trends in the annulment of arbitral awards in Ukraine. Arbitration is one of the most important forms of alternative dispute resolution in the field of international commercial law. However, the practice of annulment of arbitral awards remains an important topic for analysis due to its impact on the stability and predictability of the arbitration process, as well as on the country's investment climate. The study examines the main reasons why arbitral awards may be annulled by the courts of Ukraine. Among them: violation of procedural norms during the arbitration proceedings, inconsistency of the award with public order, absence of an arbitration agreement or abuse of authority by arbitrators. The article also examines the dynamics of judicial practice, in particular the role of the Supreme Court in forming a unified approach to considering cases on the annulment of arbitral awards. Specific judicial precedents are analyzed, which indicate the gradual strengthening of the approach focused on protecting the principles of autonomy of arbitration. It is found that courts are beginning to move away from a purely formalistic approach to a more flexible analysis of the circumstances of each case. Particular attention is paid to a comparative analysis with international practice. The study demonstrates that in the EU and the USA, the practice of annulling arbitral awards is much less common, as courts pay more attention to maintaining the finality of arbitral awards. The authors indicate that the Ukrainian judicial system needs further harmonization with international standards, such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law. The conclusions of the article emphasize the need for a comprehensive reform that would include improving both the legislative framework and the practical implementation of judicial control. It is recommended to introduce additional training programs for arbitration judges and develop clear recommendations for the application of the concept of public or der. Thus, the development of a unified approach to annulling arbitral awards should become one of the key priorities for the Ukrainian legal system. This will ensure a balance between the need for judicial control and respect for the arbitration process, which is an important condition for attracting foreign investment and increasing the effectiveness of arbitration as a dispute resolution tool. [ABSTRACT FROM AUTHOR]

In most commercial contracts, the parties often prioritize the application of measures to resolve conflicts in good faith such as dispute resolution board or mediation prior to arbitration (also known as alternative dispute resolution, ADR). Problems occur when one of the parties does not comply with the pre-arbitration proceedings designed in the contract. Currently, the 2010 Law on Commercial Arbitration does not clearly stipulate the validity and enforceability of the multi-tiered clause, leading to different courts making different decisions on the consequences of violating the pre-arbitration agreement. This paper analyzes the practice of the arbitral tribunals and the courts concerning the issue of application of multi-tiered clauses leading to arbitration in order to propose recommendations for amendments to the 2010 Law on Commercial Arbitration. [ABSTRACT FROM AUTHOR]

Resolving disputes over election results between candidates within the same party currently does not guarantee access to justice for prospective members of the Indonesian House of Representatives (IHR). To file a lawsuit, candidates must obtain a written permission letter from the leader of the supporting party. Since the implementation of the open proportional system from 2009 to 2019, 27 candidates' applications for disputes over election results were rejected by the Indonesian Constitutional Court due to the absence of such written permission, which is a formal requirement. This research focuses on resolving election result disputes between legislative candidates and explores the opportunities for using Alternative Dispute Resolution (ADR). Employing a normative juridical research method, the study proposes the institutionalization of ADR for IHR election result disputes. It advocates the use of facilitative mediation, evaluative mediation, and arbitration conducted by the Party Court. These methods would complement and support the existing formal mechanisms at the Constitutional Court, providing a more accessible and just avenue for candidates to resolve their disputes. The findings of this research highlight the necessity of integrating ADR into the dispute resolution framework to enhance the fairness and effectiveness of the electoral process for legislative candidates in Indonesia. [ABSTRACT FROM AUTHOR]

It is a good thing to resolve disputes. Yet arbitration is perceived as being contrary to the right to a fair trial under article 6 of the European Convention on Human Rights. Indeed, the current approach of the courts is to say that an agreement to arbitrate is a waiver of the right to a fair trial. That is factually incorrect and alarming in principle. This article investigates the problem and proposes a new approach. The end result confirms the legitimacy of arbitration and improves our understanding around the independence of arbitrators and the confidentiality of proceedings. [ABSTRACT FROM AUTHOR]

Copyright of Arts Magazine is the property of Thamar University 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 Internationales Handelsrecht is the property of De Gruyter 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 resolution of disputes is one of the most critical aspects of construction projects as it directly impacts the success of construction projects. The standard methods in which conflicts are usually resolved in the construction industry in Norway include negotiation, mediation, and litigation. Standard methods used at the international level include negotiation, mediation, and arbitration. This research work tried to establish the effectiveness of different dispute resolution mechanisms in Norway by conducting interviews with professionals dealing with construction disputes. Our study has found that PRIME is the most preferred approach in the Norwegian construction industry because it mainly focuses on negotiations and mediation, while lawsuits are the least preferred. It is in light of the excellent dispute resolution methods that the study should be tailor-made for the specific dispute and include all parties. Such findings would be significant as they would help in coming up with more appropriate dispute resolution mechanisms and, therefore, benefit the construction professionals and policymakers and furnish valuable insight into the field. [ABSTRACT FROM AUTHOR]

This article explores whether the aristocratic status of arbitrators or disputants affected the outcome of inter-state arbitrations either before or after the 1899 Hague Peace Conference. This article takes a longue durée approach to the topic by including all inter-state arbitrations between 1794 and 1989. The research shows a statistically significant relationship between respondent-appointed aristocratic arbitrators on a tribunal and the outcome against the aristocratic party, as well as a statistically significant relationship between no respondent-appointed aristocratic arbitrators and outcome in favor of the claimant, but only in inter-state arbitrations before the Conference for both of these relationships. This article brings into question whether aristocratic arbitrators from before the Conference were fully committed to the international rule of law. Moreover, it highlights how such arbitrators stopped making their decisions based on class after the Conference, which should reassure users of inter-state arbitration that worry about such biases. [ABSTRACT FROM AUTHOR]

We explore the use of experts in arbitration proceedings by analysing public procurement contract disputes in Italy. Balancing cost with accuracy, participants to a contract select arbitration when speedy dispute resolution is valued highly. Alternative dispute resolution mechanisms tend to give appointed arbitrators discretion in how to proceed. Consequently, principal‐agent problems can arise. Using an inverse‐probability‐weighted approach, we show that the use of an expert causes a slowing down of the case resolution, without having an effect on the outcome of the dispute nor resolving uncertainty as measured by unanimous decisions by the panel of arbitrators. Conflict resolution mechanism designers should consider the alignment of incentives between the disputants and the service providers. [ABSTRACT FROM AUTHOR]

The article discusses the increasing need for international enforcement of construction adjudication decisions due to the global growth of the construction industry. It highlights the challenges faced in resolving construction disputes and the limitations of traditional arbitration methods. The text explores the potential solutions of converting adjudication decisions into arbitration awards or court judgments to ensure enforceability across borders. Additionally, it mentions the efforts of UNCITRAL's Working Group II in developing a framework for fast-track enforcement of adjudication decisions. [Extracted from the article]

This multipart article examines the relationship between arbitration and intellectual property, specifically patent disputes. This article adopts a comparative analysis approach and compares the approach taken by civil law and common law systems toward the arbitration of patent disputes. The primary focus is on the United States, Switzerland, and Australia. This article adopts a doctrinal legal research methodology. The process of obtaining a patent will be analyzed. The legislation and case law regarding the arbitrability of patent disputes will be discussed. A clear distinction between patent and standard essential patent disputes will be demonstrated. The difference between erga omnes and inter partes patent arbitral awards effects will be illustrated. The enforcement and recognition of arbitral patent awards will be critiqued, which demonstrates that arbitrating patent disputes faces various recognition and enforcement hurdles. This article asserts that multiple factors need to be considered before determining whether arbitration is the right forum for resolving patent disputes, and that those factors should be determined on a case-by-case basis. This article concludes that the outlook for arbitrating some patent disputes is unclear, but that arbitration should be the preferred forum for standard essential patent disputes to keep royalty rates confidential. [ABSTRACT FROM AUTHOR]

In this multipart article, attorneys from Reed Smith explain how parties to an arbitration can avoid a "Pyrrhic victory"--in other words, an arbitral award won, but not paid--in various jurisdictions around the globe. The first part, published in the July-August 2024 issue of Dispute Resolution Journal, covered the United States and France. The second part, published in the September-October 2024 issue, covered the rules in Hong Kong and the United Arab Emirates. This part covers the United Kingdom. Singapore and Latin America will be covered next. [ABSTRACT FROM AUTHOR]

In the first part of this article, published in the September-October 2024 issue of Dispute Resolution Journal, the authors discussed the options that foreign investors with assets and operations in Russia have available to them and how different options may impact their investment protection and chances of bringing credible arbitration claims. In this part, the authors focus on the mandate, functions, and operational framework of the Register of Damage for Ukraine and highlight key points for potential users of the Register. [ABSTRACT FROM AUTHOR]

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) 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.)

International Commercial Arbitration (ICA), recognized as the most widely utilized dispute resolution system for transnational disputes, holds paramount importance as a facilitator of seamless business operations and catalyst for attracting new investments to respective nations. However, despite the enactment of a national arbitration statute, India's progress in this area remained stagnant for nearly two decades, sometimes even regressing. In the past-decade, the Indian government and arbitration institutions have shown renewed dedication to ICA's potential, launching various initiatives to foster a business-friendly environment and improve their services. Despite these efforts, India still has grounds to cover in order to match the success achieved by other leading jurisdictions worldwide, with Singapore standing out as a prime example. On a similar note, Japan, one of the largest global economies, has recently recognized the importance of ICA and has started implementing intriguing initiatives to become an appealing destination. Against this backdrop, this Article undertakes a comprehensive examination of the legislative and regulatory aspects pertaining to ICA in India, Singapore, and Japan. By conducting a comparative analysis, drawing insights from the experiences of Singapore and Japan, and analyzing recent trends in the two regimes, this paper seeks to shade light on the strengths and weaknesses of each regime in relation to critical aspects of ICA, aims to propose potential solutions for India, addressing the current obstacles hindering its progress in this field, and endeavors to provide valuable recommendations to enable India to maximize its potential as a preferred destination. [ABSTRACT FROM AUTHOR]

This paper critically examines the relevance of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution in the context of online arbitration. With the rapid growth of e-commerce and the increasing reliance on technology for dispute resolution, the legal framework governing arbitration in Indonesia has become outdated. While various arbitration institutions, such as BANI and the ICC, have adopted online arbitration processes, the existing legislation fails to accommodate these developments. This research highlights the potential legal uncertainties that arise from the lack of provisions for online arbitration in the current law and underscores the need for immediate legislative revisions. By analyzing relevant legal norms and the implementation of electronic arbitration regulations, the study aims to provide insights into how the law can be modernized to better serve the needs of contemporary dispute resolution practices in the digital age. [ABSTRACT FROM AUTHOR]

The article discusses the importance of managing franchisor risk through the enforcement of contractual terms and provisions in franchise agreements. It highlights the significance of including mandatory mediation and arbitration clauses, as well as class and collective action waivers, choice of law clauses, limitation on liability provisions, and contractual indemnification clauses to mitigate litigation risks. The article provides insights into recent case law examples that illustrate the enforcement and impact of these contractual provisions in franchise disputes. [Extracted from the article]

The European Commission, with the cooperation of the Court of Justice of the European Union (CJEU), continues a crusade against investors' rights. This is done by reducing the rights of access by investors to an independent arbitral tribunal to resolve disputes and by making arbitral awards impossible to enforce. The CJEU judgments which are discussed in this article are arbitrary, lack logical argument, and ignore international law (in particular, the 1969 Vienna Convention on the Law of Treaties). Recent judgments by states that are not EU Member States have restored the validity of arbitral awards that were annulled by EU courts. The judgments show that they do not believe in the CJEU judgments, which have led to the cancellation of inter-EU Bilateral Investment Treaties and the annulment of Energy Charter Treaty awards. [ABSTRACT FROM AUTHOR]

The arbitration agreement is the first stage of arbitration and the basis of the commitment of the parties to an arbitration. Arbitration is consensual by nature and cannot proceed without such an agreement. If there is no agreement to arbitrate, the disputing parties have no choice but to resort to the state courts to resolve their dispute. In this regard, the importance of the arbitration agreement becomes evident, as it requires several formal and substantive conditions for it to be valid. The consequences of the validity or otherwise of the arbitration agreement may include lack of jurisdiction, the non-extension of the arbitration agreement to third parties, and the ultimate invalidity of the arbitral award. Accordingly, this research will be dedicated to studying the arbitration agreement and its implications as provided by Qatar's Arbitration Law No. 2 of 2017. The study will also analyze court judgments related to this agreement and its implications, both within Qatar and in other Middle-Eastern states that have adopted the UNCITRAL Model Law on International Commercial Arbitration. [ABSTRACT FROM AUTHOR]

Following the judgment of the Court of Justice and especially the Opinion of the Advocate General in the CDC Hydrogen Peroxide case, arbitration agreements on disputes concerning damages for infringements of the competition rules of the TFEU have been interpreted as being contrary to the principle of effectiveness of EU law by making the non-application of the competition rules more likely. Moreover, standard arbitration agreements, which are concluded ex ante (before the dispute arises) and delimit their objective scope in generic terms (referring, in one formulation or another, to any dispute arising out of or related to a specific contract), only cover disputes over contractual damages, but not those relating to damages in tort caused by a party's participation in a cartel. Therefore, national judges should not decline jurisdiction over the standard arbitration agreements proposed by the main international arbitral institutions, making it impossible for arbitration to become a viable means of resolving disputes arising from cartel damages. However, although the principle of effectiveness limits the procedural autonomy of the Member States as regards the remedies for exercising the right to claim compensation for such damages, it does not prevent the holder from voluntarily waiving the right to exercise it before a court and submitting the dispute to arbitration. Moreover, in the absence of harmonisation by EU law of the rules on commercial arbitration, any question relating to the existence, validity or scope of the arbitration agreement is governed by the law of each Member State. Therefore, a standard arbitration clause may also cover disputes relating to non-contractual liability incurred by a contracting party as a result of its participation in an unlawful cartel if this was the will of the parties when concluding the contract, as interpreted by national courts or arbitrators in accordance with the law applicable to the dispute. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Anbar University for Law & Political Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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 External Economic Bulletin / Külgazdaság is the property of KOPINT Konjunktura Kutatasi Alapitvany 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.)

One of the most important functions of law is the resolution of disputes. However, legal means of dispute resolution, such as judicial settlement and arbitration, are often not chosen by the parties involved in international disputes. This can be explained by several reasons. In legal doctrine, it is a common view that parties avoid legal means due to the binding nature of the decisions rendered, yet this is far from the only reason why parties refuse these methods. In particular, one of the main reasons they avoid legal means is the uncertainty regarding whether the decision based on law will be equitable. There are many grounds for this, as legal norms contained in international legal documents, adopted several decades ago, may not correspond to modern realities. Therefore, the application of such norms can quite reasonably raise concerns among the parties about the potential for an inequitable decision based on them. In such cases, the method of ex aequo et bono may prove to be a practical tool for excluding the possibility of an inequitable decision based on legal norms. Contrary to popular misconception, the use of the ex aequo et bono method does not imply a complete rejection of legal norms. When applying this method, basic legal norms are often used to provide a legal foundation for decisions and to enhance their overall objectivity. However, in the application of the method ex aequo et bono, those legal norms that may lead to an inequitable decision are not applied. In this case, an equitable decision is often determined based on an analysis of the goals and principles of legal documents regulating the relevant issues, including an analysis of the document containing the legal norm whose application could have led to an inequitable decision. Thus, the ex aequo et bono method is a rather flexible peaceful means, combining valuable features of both equity and law. There is a deficit of information regarding the ex aequo et bono method in international legal documents. In particular, the lack of a clear definition, conditions, and rules for applying the ex aequo et bono method presents a significant obstacle to its extensive use in international practice. Therefore, appropriate lawmaking work should be undertaken in this area to fill legal gaps. The goal of the scientific article is to study the legal aspects of the ex aequo et bono method and identify the main problems negatively affecting the practice of its application. The results of the research showed the high practical value of the ex aequo et bono method in dispute resolution, especially in modern conditions when the use of flexible means is becoming increasingly relevant. The article aimed to condense, specify and expand legal knowledge about the ex aequo et bono method and may present significant scientific value for lawyers interested in judicial and arbitration practices; legal scholars; practicing judges and arbitrators; parties with unresolved disputes; as well as philosophers researching the relationship between equity and law. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]

Copyright of Majalat Monazaat Al-Aamal is the property of Majalat Monazaat Al-Aamal 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.)

Despite a promising start, The Organization of Islamic Cooperation's investment agreement had been forgotten for decades, until unexpectedly resurrected in 2011 by a Saudi Arabian investor in a case against Indonesia. One of the latest awards, however, halted further developments in that field. It is argued in this paper that such was the case since the language of the arbitration clause, along with the case-law stemming from different adjudicating bodies, has significantly impaired the treaty's capacity to function as a robust tool for investor protection. Although ICSID-based proceedings seem now unlikely, the possibility of ad hoc solutions and potential reforms in the OIC investment regime, including the arbitration clause, may shape its future. The potential establishment of the OIC Arbitration Centre also adds a hopeful dimension, even though its development scope is uncertain. Nonetheless, with the status quo the relevance of OIC's ISDS teeters on the edge of collapse. [ABSTRACT FROM AUTHOR]

Arbitration, as a form of Alternative Dispute Resolution (ADR), has witnessed a surge in popularity within India in recent years, particularly as trade barriers have been removed and the country's commerce has opened up. International Commercial Arbitration, in particular, has gained significant importance. In comparison to traditional litigation, arbitration is widely regarded as the preferred method for resolving disputes due to its numerous advantages and benefits for the parties involved. While there are certain drawbacks, the accessibility of arbitration and its ability to deliver timely justice are contributing to its growing appeal in the foreseeable future. In the realm of the financial industry, arbitration has become notably widespread. The establishment of guidelines and standards has been instrumental in promoting the use of arbitration within this sector. This study delves into the landscape of international commercial arbitration in India and modestly attempts to identify the challenges faced by the parties involved. [ABSTRACT FROM AUTHOR]

The dynamism of law as a discipline necessitates constant change and development to keep up with the requisites that a developing and ever-changing society brings forth. As such, any institution within the legal domain that completes its centennial anniversary deserves to be studied and analyzed since institutional longevity is not common within the discipline. The "Permanent Court of Arbitration" (PCA) is one of those rare legal institutions that has withstood the ravages of time, having recently completed a hundred and twenty years of its existence. Initially conceptualized as an institution of pacific dispute settlement, comprising arbitration, conciliation, mediation, and inquiry as methods of dispute settlement amongst nations, in a 19th-century global regime, the fact that the two world wars since its establishment, as well as the multitude of changes in the global socio-political regime, hasn't made it completely redundant is a testament to the farsightedness of its founding fathers. In light of these facts, this paper has tried to look into the historical background that contributed to the establishment of the PCA in the first place, and then attempt to examine its procedural intricacies, which have perhaps been the most vital in preventing its continued operation even after a century of its initial conceptualization. Subsequently, the paper has looked at how India has fared in its endeavors into the PCA's regime and ultimately tries to determine the significance of the PCA as an institution of pacific dispute settlement today, and also, in the coming decades. [ABSTRACT FROM AUTHOR]

In India, the enforcement of foreign awards are guided by both the Arbitration and Conciliation Act of 1996 and the Code of Civil Procedure of 1908. An arbitral award is a decision (judgement) made by a group of arbitrators, whether they are resolving a dispute within a country or internationally. These decisions includes any temporary decisions made during the process etc. With regards to implementing foreign arbitral awards in India, it falls under Part II of the Arbitration and Conciliation Act of 1996. This enforcement can be done either under the rules of the New York Convention or under the Geneva Convention. The Arbitration and Conciliation Act of 1996 was created in the direction of the Model Law on International Commercial Arbitration by the United Nations Commission on International Trade Law (UNCITRAL). Foreign arbitral awards India is signatory of both the New York Convention and the Geneva Convention concerning the recognition and execution of foreign arbitral awards. At the point when the party receives a award from a country that is a signatory of either of above said Conventions, and the award rises from a jurisdiction of that country then it is termed as a convention country by India, it becomes enforceable within India. [ABSTRACT FROM AUTHOR]

Business activities are rife in Indonesia, one of which is the construction services business. The implementation of the construction service business is made by the parties with a construction service contract. In the implementation of construction service contracts, construction service disputes sometimes occur between the parties, both providers and users of construction services which are decided by arbitration, but there are still many arbitral awards that are not in accordance with the principles of fairness, propriety and legal certainty, so that the arbitral award is being filed again for annulment. verdict to court. The problem in this research is why the dispute resolution of construction service contract business activities is important to be resolved through arbitration.The research method used in this research is normative juridical research. The type of research used is normative legal research. This research is a prescriptive analysis. The research data used is secondary data both in the form of primary legal materials, secondary legal materials, and tertiary legal materials and is supported by the results of interviews with informants. Data collection techniques through literature studies and interviews. The findings in this study: 1. Construction is a multidisciplinary activity that must be resolved through arbitration because it does not only have parties in law but is multidisciplinary, so that arbitration in its resolution is more effective; 2. The rights and obligations of the parties must be protected by law. BANI arbitration and rules and procedures; 3. The juridical analysis of the arbitration award in this study deviates, and uses reasons outside the provisions of Article 70 of the Law. Arbitration that is not based on fairness and propriety as well as legal certainty. [ABSTRACT FROM AUTHOR]

Rigorous scholarly debate has shaped the discussion on the application of mandatory laws and public policy in arbitration, which has led to an array of legal solutions to the mandatory law problem. The determination of the applicable law in arbitration is a dilemma due to arbitrators' contractual source of authority and commitments to the parties, their mandate to issue an enforceable award, and the imperative nature of mandatory laws at stake. Proposed solutions thus far have primarily been suggestions that are based on either contractual concerns of the parties, jurisdictional (mandatory law) concerns of states involved, or a mix of the two extreme ends. Depending on the circumstances of a particular case, these suggestions could warrant a workable legal solution. However, when the complexity of the question of what law(s) the arbitrator should apply is multidimensional, a more flexible approach should be available to arbitrators. This Article suggests a new and unique procedural mechanism for this substantive law problem: a multitiered alternative dispute resolution approach. An Arb-Med-Arb (Arbitration-Mediation-Arbitration) mechanism allows the arbitrator to switch hats between arbitration and mediation, and with active cooperation of the parties, make appropriate arrangements on a case-by-case basis that respond to both contractual and jurisdictional concerns of the case at hand. This Article first explains mandatory laws and the problem they present in international commercial arbitration. It then discusses the theoretical approaches to the nature of arbitration and the suggested legal solutions for the problem. Finally, it proposes the use of Arb-Med-Arb in the context of mandatory laws and the specific approach the arbitrator-mediator should take within the mediation stage. [ABSTRACT FROM AUTHOR]

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin 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 Ajman Journal of Studies & Research is the property of Association of Arab Universities 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.)

Arbitration is one of the important laws prevalent in ancient and modern times because of its effective role in resolving disputes at the local and international levels. Official documentation is considered a legal process, the document can be authenticated by a legal authority or a recognized legal certification. This work aims to study and understand the concept of arbitration, how it is organized, and the considerations of its decisions as official documents. The researchers used the descriptive and analytical approach to the provisions and laws of Jordanian evidence. Researchers have concluded that arbitration decisions are considered official documents if they follow the necessary legal and administrative rules and procedures for documenting them. Accordingly, arbitration decisions are considered official documents and their rulings are implemented as stated in the Jordanian Arbitration Law. Researchers recommend enhancing legal awareness of the importance of arbitration as an effective means of resolving local and international disputes. [ABSTRACT FROM AUTHOR]

References to 'sustainable development' and 'sustainability' can be found in decisions of investment arbitration tribunals and submissions from disputing parties. By relying on the concept of 'wicked problem', this article highlights the failure to articulate any clear relevance of sustainable development in the adjudication of investment disputes and structural limitations imposed by investor-State dispute settlement (ISDS). It proceeds in four steps. First, the article defines wicked problems and their distinguishing properties. Second, it shows how tribunals have used sustainable development in a way that evidences these distinguishing properties. Third, in light of submissions from respondent States and claimants, the article shows that ISDS imposes structural limitations on narratives that relate to sustainability and sustainable development. Finally, it examines the discussions on sustainability under the umbrella of the United Nations Commission on International Trade Law Working Group III and stresses the need for a political resolution outside ISDS proceedings. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher 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.)

This paper examines gender discrimination cases in labour arbitration, exploring the systemic challenges and effectiveness of arbitration in resolving workplace disputes. The research aims to investigate how gender biases influence arbitration outcomes and whether the process adequately addresses gender-based disparities in employment decisions. Using a qualitative approach, this study analyzes a sample of gender discrimination arbitration cases across multiple industries. The main findings reveal that while arbitration can resolve disputes, there are notable gaps, particularly regarding the representation of female claimants and the understanding of gender-related issues by arbitrators. The paper concludes that although labour arbitration offers a faster alternative to litigation, it is not immune to gender bias and calls for policy changes to enhance its fairness. Future research could focus on comparative analyses between arbitration and litigation outcomes in gender discrimination cases. [ABSTRACT FROM AUTHOR]

Copyright of Studia Historica Brunensia is the property of Masaryk University, Faculty of Arts 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 Studia Historica Brunensia is the property of Masaryk University, Faculty of Arts 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 scientific problem addressed has a significant importance that resides in the identification and presentation of some essential arguments in this regard: the development of efficient and fair arbitration methods and practices is crucial for maintaining integrity and justice in sports; the existence and regulation of an effective arbitration system can contribute substantially to the quick and fair resolution of disputes in this field, maintaining the stability of the competition and the sports structure; sport has a strong impact on society and the economy, but delayed disputes or with a prolonged resolution period can affect not only athletes and organizations, but also supporters, sponsors and other parties involved (an effective arbitration system can reduce this negative impact); issues related to sports arbitration also represent an opportunity for research and development in the field of law and sport (new approaches can be identified, better practices can be developed and resources can be provided for the continuing education of professionals involved in this field); an effective sports arbitration system can help promote ethical standards and integrity in sports (by ensuring a fair and transparent process, public confidence in the fairness and morality of sporting activities can be strengthened). Therefore, research and scientific approach of the issues related to the advantages of arbitration in the resolution of sports disputes are essential to develop better practices, to maintain the integrity of sport and to ensure a healthy and fair sports environment. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Anbar University for Law & Political Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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 Journal of Commercial & Intellectual Property Law (TFM) / Ticaret ve Fikri Mülkiyet Hukuku Dergisi is the property of Ankara Yildirim Beyazit University, Facult 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.)

The Dispute Resolution Journal's November-December 2024 issue covers a range of topics, including alternative dispute resolution and blockchain, as well as the rules of the London Court of International Arbitration. Articles explore the role of ADR in smart contract disputes, key considerations for parties using LCIA rules in London, recent arbitration rulings in the Fifth Circuit, investment protection and arbitration in Russia, avoiding Pyrrhic victories in international arbitration, and the arbitration of patent disputes. The issue also discusses new developments in European arbitration. [Extracted from the article]

The article discusses the conflict between arbitration agreements and insolvency proceedings in Nigeria. It highlights a case where a foreign investor sought court protection to appoint a receiver manager over a Nigerian entity, despite an arbitration clause in the agreement. The Nigerian Court ruled that while the security deed allowed court jurisdiction, the parties should first explore arbitration as agreed. The Court's approach differs based on whether the case involves insolvency proceedings or civil debt recovery actions. [Extracted from the article]