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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]

This article discusses jurisdictional issues when cases related to arbitral awards of the Court of Arbitration for Sport end up before the European Court of Human Rights (ECtHR). By focusing on the ECtHR's Third Chamber judgment in the Semenya case, it discusses how the unique governance structure of sports governing bodies, as the benchmark for such disputes, has distorted the traditional jurisdictional paradigms of the ECtHR, posing challenges for the Court in addressing potential human rights violations in the realm of sports. This article argues that human rights claims arising from sports activities form a new class of human rights litigation stemming from the activities of private actors with a strong public character. Such dynamics grant the ECtHR a central role as the ultimate arbiter in protecting human rights within the realm of sports and require it to subject the sports proceedings to a comprehensive review both on procedural and substantive grounds, even with relation to athletes residing outside the territory of Council of Europe member States. [ABSTRACT FROM AUTHOR]

This study argues that sectoral bargaining offers a flexible alternative to legal regulation in setting terms and conditions of employment, encourages participation and involvement, brings benefits to employers and improves productivity and performance. It also provides a platform for sector and cross‐sector social dialogue leading to improved policymaking and better macroeconomic outcomes. A statutory framework based on Wages Council‐type arrangements and Advisory, Conciliation and Arbitration Service Codes of Practice is recommended for the United Kingdom, with sectors in the 'foundational economy' being prioritised. Sector agreements need to be about much more than pay, though, if they are to realise their potential. [ABSTRACT FROM AUTHOR]

We propose ZeroCost-LLC (ZCLLC), a novel shared inclusive last-level cache (LLC) design for timing predictable multi-core platforms that offers lower worst-case latency (WCL) when compared with a traditional shared inclusive LLC design. ZCLLC achieves low WCL by eliminating certain memory operations in the form of cache line invalidations across the cache hierarchy that are a consequence of a core's memory request that misses in the cache hierarchy and when there is no vacant entry in the LLC to accommodate the fetched data for this request. In addition to low WCL, ZCLLC offers performance benefits in the form of additional caching capacity and unlike state-of-the-art approaches, ZCLLC does not impose any constraints on its usage across multiple cores. In this work, we describe the impact of LLC cache line invalidations on the WCL and systematically build solutions to eliminate these invalidations resulting in ZCLLC. We also present ZCLLC-OPT, an optimized variant of ZCLLC that offers lower WCL and improved average-case performance over ZCLLC. We apply optimizations to the shared bus arbitration mechanism and extend the micro-architecture of ZCLLC to allow for overlapping memory requests to the main memory. Our analysis reveals that the analytical WCL of a memory request under ZCLLC-OPT is 87.0%, 93.8%, and 97.1% lower than that under state-of-the-art LLC partition sharing techniques for 2, 4, and 8 cores, respectively. ZCLLC-OPT shows average-case performance speedups of 1.89×, 3.36×, and 6.24× compared with the state-of-the-art LLC partition sharing techniques for 2, 4, and 8 cores, respectively. When compared with the original ZCLLC that does not have any optimizations, ZCLLC-OPT shows lower analytical WCLs that are 76.5%, 82.6%, and 86.2% lower compared with ZCLLC-NORMAL for 2, 4, and 8 cores, respectively. [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]

This Note responds to the dominant critique of today's arbitration doctrine--the access-to-justice critique--and articulates a novel intervention from the perspective of political economy. By developing a new periodization of the Supreme Court's arbitration jurisprudence, the Note categorizes and recounts the normative positions on arbitration law that predominate in the literature. This Note identifies a gap in existing critiques and borrows from critical analyses of antitrust to contend that arbitration law suppresses the coordination rights of the market's small players--workers, consumers, contractors, and small merchants--to the benefit of large players like corporations. This suppression facilitates the kinds of economic production and corporate organization that characterize gig-economy firms. Evaluating arbitration law through this lens provides a novel application of, and further develops, the insights of law and political economy, ultimately suggesting reform pathways that might retrench mandatory arbitration. [ABSTRACT FROM AUTHOR]

The article deals with the differential cost regulation according to § 106 para. 2a sentence 1 SGB V and an arbitration decision of the Federal Arbitration Board, which was challenged by the National Association of Statutory Health Insurance Physicians. The appeal of the clinic is unsuccessful, as the arbitration decision is lawful and the clinic's rights are not violated. It is discussed whether billing without a prescription from a contracted physician is permissible if the patient autonomously rejects inpatient treatment. It is determined that such a regulation violates the law and no separate remuneration is provided for an admission examination. [Extracted from the article]

Without doubt the U.S. Supreme Court in the twenty-first century has been obsessed with the problem of corporate attorneys' inclusion of class action waivers in arbitration agreements. This article traces the emergence of the class action waiver issue, which developed in tandem with the plaintiffs' embrace and proliferation of class action litigation at the end of the twentieth century. The discussion comments on plaintiffs' initial attempts to request and secure class arbitration where the arbitration clauses were silent, culminating in Supreme Court's opinion permitting arbitrators to determine this issue. With the Court opening the door to possible classwide arbitration, corporate lawyers regrouped to rethink the wording of their mandatory arbitration agreements, to specifically prohibit classwide arbitration. These corporate elforts and the successive redrafting of arbitration agreements prompted a series of class action waiver appeals to the Supreme Court, with the Court construing ever changing class action waiver formulations. Since 2010, the Court has decided eight class action appeals dealing with issues relating to class action waivers in arbitration agreements. The article analyzes the Court's series of decisions relating to class action waiver provisions, focusing on the Court's consistent repudiation of classwide arbitration as antithetical to the original concept of bilateral arbitration. The article observes that despite the Court's clear rejection of almost all class action waiver provisions, plaintiffs' attorneys regroup and repeatedly seek classwide arbitration by state legislative initiatives and construing arbitration agreements within the contours of the Court's evolving class waiver jurisprudence. The article concludes with observations about class arbitration in other countries, and the implications of class action waivers for European Union countries that have recently implemented class action and collective redress procedures. [ABSTRACT FROM AUTHOR]

To expand the scale of spiking neural networks (SNNs), an interface circuit that supports multiple SNN cores is essential. This circuit should be designed using an asynchronous approach to leverage characteristics of SNNs similar to those of the human brain. However, the absence of a global clock presents timing issues during implementation. Hence, we propose an intermediate latching template to establish asynchronous nonlinear connectivity with multipipeline processing between multiple SNN cores. We design arbitration and distribution blocks in the interface circuit based on the proposed template and fabricate an interface circuit that supports four SNN cores using a full‐custom approach in a 28‐nm CMOS (complementary metal–oxide–semiconductor) FDSOI (fully depleted silicon on insulator) process. The proposed template can enhance throughput in the interface circuit by up to 53% compared with the conventional asynchronous template. The interface circuit transmits spikes while consuming 1.7 and 3.7 pJ of power, supporting 606 and 59 Mevent/s in intrachip and interchip communications, respectively. [ABSTRACT FROM AUTHOR]

This paper situates the data privacy debate in the context of what I call the death of the data subject. My central claim is that concept of a rights-bearing data subject is being pulled in two contradictory directions at once, and that simultaneous attention to these is necessary to understand and resist the extractive practices of the data industry. Specifically, it is necessary to treat the problems facing the data subject structurally, rather than by narrowly attempting to vindicate its rights. On the one hand, the data industry argues that subjects of biometric identification lack legal standing to pursue claims in court, and Facebook recently denied that that its facial recognition software recognizes faces. On the other hand, industry takes consent to terms of service and arbitration clauses to create enforceable legal subject positions, while using promises of personalization to create a phenomenological subject that is unaware of the extent to which it is being manipulated. Data subjects thus have no legal existence when it is a matter of corporate liability, but legal accountability when it is a matter of their own liability. Successful reform should address the power asymmetries between individuals and data companies that enable this structural disempowerment. [ABSTRACT FROM AUTHOR]

The demand for legal regulation of the right to strike has existed for a long time and has gained importance as a result of the railway strikes last winter. Against this background, the article analyzes the causes of the apparent increase in the willingness to strike in the critical infrastructure sector and how this can be countered. Legal options for the regulation of labor disputes are discussed, with a particular focus on a provision requiring the parties involved to agree to arbitration if either side so requests. [ABSTRACT FROM AUTHOR]

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 institutional rules of International Sports Federations ("IFs") and the International Olympic Committee ("IOC") concerning nationality and its transfer therein are regulated by the Nottebohm safeguard, which requires the conferral of nationality under domestic laws to be consistent with international law for the conferral to be valid in the international legal sphere. The international sporting arenas qualify as international legal space, but the compatibility of naturalization laws with this legal space is regulated and enforced not by states, but by non-state entities, namely IFs and the IOC. These institutional rules possess a normative character because the pertinent stakeholders consent to them by contract, which in turn provides for the jurisdiction of internal quasi-judicial determination and ultimately gives rise to arbitral awards (as a form of ultimate appeal) to the Court of Arbitration for Sport ("CAS"). The key provision is Rule 41 of the Olympic Charter and its interpretative Bye-Laws, which provide that an athlete may switch sporting nationality provided that three years have elapsed from their last participation for the country they previously represented. This general rule may be supplemented by the institutional rules of IFs, the majority of which operate nationality review panels for this purpose. This Article selectively examines the rules and institutions of two IFs other than the IOC, namely the Fédération Internationale de Basketball (International Basketball Federation) ("FIBA") and the World Athletics Federation ("WAF"). Each struggle with different objectives and nationality transfers, chiefly naturalizations, gives rise to a number of problems and concerns that are resolved through the observance and enforcement of varying internal nationality rules. This Article suggests that a set of five questions sets the standard for a human rights impact assessment of all naturalizations in the sport domain. [ABSTRACT FROM AUTHOR]

This study aims to compare and analyze the industrial relations dispute settlement processes in Indonesia and Singapore, two countries with differing legal systems: Indonesia follows the civil law system, while Singapore uses the common law system. Both countries share similarities in their dispute resolution methods but also exhibit notable differences. In Indonesia, the process starts with bipartite negotiations, followed by tripartite mediation, conciliation, arbitration, and ends in industrial relations courts. In contrast, Singapore begins with collective bargaining, moves to tripartite conciliation or mediation, and concludes with arbitration at the Industrial Arbitration Court. Peter de Cruz's work on labor law highlights the importance of understanding how different historical and cultural contexts shape legal systems. Despite both countries initiating the process with negotiations, Singapore's dispute resolution is generally faster, influenced by its dynamic societal changes and significant Chinese descendant population. The complexity and duration of dispute resolution in Indonesia suggest a need for reform to enhance efficiency and speed. This study employs a normative legal method with a comparative approach to evaluate these differences and similarities in the context of evolving societal and political influences. [ABSTRACT FROM AUTHOR]

This research tackles the subject of arbitration in a civil lawsuit, as a defense that can be raised by any of the litigants, and the effect of this plea, whether by not accepting it, dismissing it, or stopping its consideration. It also looks at the condition of arbitration at all stages of the lawsuit. Research Problem: It can be summed up in that, Palestinian Arbitration Law did not specify the nature of the plea to arbitration in the civil cases. Purpose: The research aims to determine the legal nature of this plea, and its impact on the civil case. It concludes that the condition of arbitration prevents the Court from hearing the civil lawsuit. However, the laws under study differed in regulating this defense, and therefore in determining its legal value. Whether this defense was procedural, or substantive, or something else. There are some legislations that expressly decide that arbitration is considered a plea of non-acceptance. Other legislations consider it to be one of the defenses that are not related to public order, and, therefore, that must be made before any procedural plea, request or defense in the case under penalty of forfeiture. Yet, some legislations considered such a defense as a reason that would halt the proceeding before the Court without any further clarification on its precise legal value. Methodology: The research used descriptive, analytical and comparative methodologies. Results: One paramount result of this research is that the Palestinian Arbitration Law was limited to stipulating that pleading arbitration leads to stopping the lawsuit, without clarifying the procedures that follow this stopping. On the other hand, this law considered that filing a lawsuit does not prevent the initiation of arbitration proceedings, or the continuation of therein, or issuing an arbitration decision. Recommendations: The research has many recommendations, the most important of which was the recommendation to the Palestinian legislator to consider the plea to arbitration as a reason not to accept the case, and not as a reason to stop the case. [ABSTRACT FROM AUTHOR]

As an alternative to traditional court litigation, arbitration has gained prominence in Jordan's legal landscape for its distinct attributes like speediness, confidentiality, autonomy, and efficiency. Central to the sanctity of this mechanism is the arbitrator's duty of disclosure, ensuring that the arbitration process remains impartial, transparent, and devoid of any potential bias. This paper explores the profound significance of the duty of disclosure in Jordan by analyzing the latest Jordanian Court of Cassation Decision No. 1479 of 2023, where nondisclosure by the Arbitral Tribunal led to the annulment of the arbitral award. Through juxtaposing international arbitration norms and thoroughly examining Jordanian legislation, this study underscores the consequences of nondisclosure and the paramount importance of transparency in arbitration. The insights drawn from this case reaffirm that the foundation of arbitration's credibility and trustworthiness rests on the rigorous adherence of arbitrators to disclosure, ensuring that justice is not only served but is transparently perceived. [ABSTRACT FROM AUTHOR]

The nature of most-favoured-nation clauses (MFN clauses) is a constant source of debate and controversy. While the traditional position has been that they allow an investor to import provisions from another International Investment Agreement (IIA)—a practice that has been defined by some as 'importation' 1 —there is a new trend that considers this a misuse of MFN clauses. This article endorses the latter position and will explain that the practice of importation derives from a misinterpretation of MFN clauses contained in IIAs. This error involves requesting a remedy for the specific performance of the MFN clause without first having claimed its breach. The claimant asks an arbitral tribunal simply to enforce the MFN clause by granting him the same provisions conferred to another investor. However, in this exercise, the investor forgets that, in order for an arbitral tribunal to order such a remedy, it must first be proven that such an obligation exists and was breached by the host state. [ABSTRACT FROM AUTHOR]

When, at the enforcement stage, a European Union (' EU ') Member State's national court refuses to recognize and/or enforce a final intra-EU arbitration award rendered as per the ICSID Convention on the basis of the Court of Justice of the EU (' CJEU ')'s decision in Slowakische Republik v Achmea BV , the right to the peaceful enjoyment of possessions, guaranteed by article 1 of Protocol No. 1 (' A1P1 ') of the European Convention on Human Rights (the ' ECHR '), may be infringed. This article explores that issue. First, and by way of context, it explains the development of the so-called 'intra-EU objection' in the context of investor–State arbitration, culminating in the CJEU's seminal ruling in Achmea and its progenies. Second, it provides an overview of various efforts to enforce intra-EU awards post- Achmea , focusing on ICSID Convention awards that have cleared any post-award remedies under the Convention, and how national courts have approached this. Third, it details how A1P1 of the ECHR might apply to the non-enforcement of intra-EU ICSID awards—engaging in a detailed analysis of the tests that would be applied by the European Court of Human Rights in such an instance. Finally, it discusses the potential remedy before the Court and the consequences for a finding of violation. While this article is focused on final and enforceable ICSID Convention awards, the analysis may be relevant to other intra-EU enforcement scenarios, subject to the specific factual circumstances in those scenarios. [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.)

In this first of a series, the authors discuss 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. [ABSTRACT FROM AUTHOR]

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 article, the authors explain that recent interpretations have redefined the scope of the Federal Arbitration Act's "contracts of employment" exemption. [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. This part covers the rules in Hong Kong and the United Arab Emirates. The United Kingdom, Singapore, and Latin America will be covered next. [ABSTRACT FROM AUTHOR]

In this series, the author reviews recent arbitration rulings from the U.S. Court of Appeals for the Fifth Circuit. [ABSTRACT FROM AUTHOR]

In this article, the authors explain that following the Supreme Court's decision in Smith v. Spizzirri, once a district court finds that arbitration is compelled and a stay is entered, an appeal cannot be initiated until after the conclusion of the arbitration. [ABSTRACT FROM AUTHOR]

In this article, the authors examine claims under mandatory law and describe how they are treated in jurisdictions other than where they arise. They then analyze the effect of choice-of-law provisions on mandatory law. Finally, the authors explore how mandatory law may be treated by arbitrators. [ABSTRACT FROM AUTHOR]

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]

Due to the increasing recognition and significance of emergency arbitration (EA) in the business and trade community in recent decades, almost all major arbitral institutions have introduced emergency arbitration into their arbitration rules. It is to be noted that the arbitral institutions have unilaterally developed these EA mechanisms to facilitate and aid the business or trade community, irrespective of any directive from states or UN-like agencies. As a result, there is some disagreement about whether EA decisions can be legally enforced in state courts. Consequently, a 2015 study by Queen Mary/White & Case found that 79% of respondents considered the enforceability of emergency arbitrator decisions to be the most important factor influencing their choice between State courts and emergency arbitration while seeking urgent relief. While investigating various EA procedures, the authors have discovered that the EA rules evidently lack enforcement mechanisms. In this paper, the authors explain the issue of the enforcement of EA rulings with particular emphasis on India. After examining various ways of enforcing EA decisions, the authors concluded that the ultimate solution, i.e., legislative amendment, is essential both internationally by amending the NY Convention 1958, or UNCITRAL Model Law, and domestically by amending national arbitration laws to remove the legal impediments and to enforce EA decisions in State courts. [ABSTRACT FROM AUTHOR]

This study describes our thorough experience of formal modeling and exhaustive verification of concurrent systems, particularly mutual exclusion algorithms. The experience focuses on Lycklama and Hadzilacos's (LH) mutual exclusion algorithm. LH rests on the reduced size of the shared state, contains a mechanism that tries to enforce an FCFS order to processes entering their critical section, and embodies Burns and Lamport's (BL) mutual exclusion algorithm. The modeling methodology is based on timed automata and the model checker of the popular Uppaal toolbox. The effectiveness of the modeling and analysis approach is first demonstrated by studying the BL's solution and retrieving all its properties, including, in general, its unbounded overtaking, which is the non-limited number of by-passes a process can suffer before accessing its critical section. Then, the LH algorithm is investigated in depth by showing it fulfills all the mutual exclusion properties when it operates with atomic memory. However, as this study demonstrates, LH is not free of deadlocks when used with non-atomic memory. Finally, a state-of-the-art mutual exclusion solution is proposed, which relies on a stripped-down LH version for processes, which is used as the arbitration unit in a tournament tree (TT) organization. This study documents that LH's TT-based algorithm satisfies all the mutual exclusion properties, with a linear overtaking, both using atomic and non-atomic memory. [ABSTRACT FROM AUTHOR]

Switches play a critical role as core components in data center networks. The advent of multi-die chiplet packaging as a prevailing trend in complex chip development presents challenges in designing the multi-die packaging of switch chips. With limited inter-die connections in mind, we propose a scalable, unified switch architecture optimized for efficient connectivity. This architecture includes the strategic mapping of data queues, meticulous planning of data paths, and the integration of a unified interface, all aiming to facilitate efficient switch operations within constrained connectivity environments. Our optimization efforts encompass various areas, including refining arbitration strategies, managing mixed unicast and multicast transmissions, and mitigating network congestion to alleviate bottlenecks in data flow. These enhancements contribute to heightened levels of performance and robustness in the switching process. During the validation phase, the structure we propose reduced interconnection usage between dies by 25%, while supporting functions such as unicast and multicast transmissions. [ABSTRACT FROM AUTHOR]

The article focuses on examining the adaptation of batch and bellwether proceedings within mass arbitration, proposing an "elastic bellwether" model to address challenges in mass arbitration practices by encouraging resolution and minimizing strategic delays from both plaintiffs and defendants.

This document provides a summary of a legal dispute between ACF Renewable Energy Limited and the Republic of Bulgaria, submitted to the International Centre for Settlement of Investment Disputes (ICSID). The dispute revolves around the jurisdiction of the tribunal in light of the Achmea Judgment by the Court of Justice of the European Union. The document outlines the arguments presented by both parties and the tribunal's analysis of the relevant legal texts. The tribunal ultimately concludes that it has jurisdiction based on the Energy Charter Treaty and the ICSID Convention, and defers the decision on costs. [Extracted from the article]

This article contends that North Korea should accede to the New York Convention and the ICSID Convention to provide more robust legal protections and dispute settlement mechanisms for foreign investors. While North Korea has enacted various domestic laws and established special economic zones to attract foreign investment, these measures have proved insufficient to fully assuage investor concerns, particularly regarding the enforcement of arbitral awards and protections against expropriation. Joining the New York Convention would mitigate uncertainties surrounding the enforcement of foreign arbitral awards by obligating North Korean courts to recognize and enforce such awards, subject only to limited, internationally accepted grounds for refusal. Accession to the ICSID Convention would enable aggrieved foreign investors to bring claims against North Korea before a neutral, depoliticized arbitral tribunal, providing an additional layer of protection against discriminatory or expropriatory state conduct. Membership in these conventions would significantly enhance North Korea's credibility in the eyes of foreign investors, demonstrating a commitment to upholding the rule of law and aligning its investment framework with global norms. While accession alone is not a panacea, it represents a crucial step toward building investor confidence, facilitating greater FDI inflows, and fostering North Korea's economic development and international engagement. [ABSTRACT FROM AUTHOR]

Humans cooperate in groups in which mutual monitoring is common, and this provides the possibility of third-party arbitration. Third-party arbitration stabilizes reciprocity in at least two ways: first, when it is accurate, it reduces the frequency of misunderstandings resulting from perception errors, and second, even when it is inaccurate, it provides a public signal that allows pairs to align their expectations about how to behave after errors occur. Here, we describe experiments that test for these two effects. We find that in an iterated, sequential Prisoner's Dilemma game with errors, players with the highest average payoffs are those who make use of third-party arbitration and who also employ forgiving strategies. The combination of these two behaviours reduces the detrimental effects of errors on reciprocity, resulting in more cooperation. [ABSTRACT FROM AUTHOR]

The review addresses conflict resolution mechanisms in International Law in Ecuador. The objective of synthesizing the existing literature to evaluate its current state. Using the PRISMA method, the review identifies the most effective strategies and challenges in applying these mechanisms. Among the main mechanisms used are mediation, arbitration and conciliation. The findings reveal that, although these mechanisms are effective in many cases, challenges persist such as lack of adequate training and cultural resistance to their implementation. The review concludes that, Ecuador has made progress in the implementation of conflict resolution mechanisms, it still faces significant obstacles that must be addressed to optimize its application. [ABSTRACT FROM AUTHOR]

This paper intends to examine the application of binding precedents provided for by the Code of Civil Procedure in Article 927, Item I and the Constitution in Article 102 §1 and 2 to the arbitral award. The choice of the theme stems from the need to standardize jurisdictional and doctrinal positions. This research uses the deductive method, through a qualitative approach, to produce in-depth information; as for the procedure, it is a bibliographical research, through the review of scientific works and articles, as well as documentary, due to the revision of legislative texts and jurisprudential decisions that aim to extract the due deepening of the understanding of arbitration and the subordination of the arbitrator before binding judicial decisions. One of the studies refers to the legal consequence of the non-examination or non-application of judicial precedent by the arbitrator, whether the interpretation of the list listed in Article 32 of the Arbitration Law is expressed or not. The scientific contribution of this study is the promotion of the debate on the subject, by sowing new perspectives and solutions on the need to recognize situations not covered by Article 32 of the Arbitration Act which must be considered by the arbitrator before delivering the judgment, in order to avoid the choice of decision by the interested party, whether there is a judicial and arbitral decision on the same subject in a divergent manner. [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]

The length of trials before a national court and their high costs are two of the main reasons for the emergence of arbitration. Arbitration facilitates shorter and cheaper trials and enables the trial to be conducted by experts according to the will of the parties involved. This is why arbitration is extremely important in settling commercial disputes that can last for a long time. However, over time, due to the growing interest in arbitration and the nature of the disputes brought before arbitration, the processes began to take longer with high costs. To overcome this difficulty, the concept of fast-track arbitration with simplified procedures and fast conduct of the process emerged. This study will present a legal analysis of fast-track arbitration, advantages and disadvantages of expedited arbitration, will emphasize the distinctive properties of expedited arbitration, taking into account provisions in comparative law. Here, the perspective and general principles of expedited arbitration regulated by arbitral institutions in Europe, America and Asia will be explained in detail. Finally, the relationship between the general principles of arbitration and the suitability of fast-track arbitration to those principles will be assessed. [ABSTRACT FROM AUTHOR]

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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.)

The implementation of foreign arbitration awards in Indonesia from the perspective of Constitutional Court Decision Number 4/PUU-XXII/2024 is crucial in both international and domestic legal contexts. This article provides a strong legal basis for arbitration usage in resolving cross-border business disputes in Indonesia, both domestically and internationally. The research contributes to the legal field by offering an in-depth normative juridical analysis of how unfamiliar discretion grants are executed in Indonesia. Data analysis was carried out descriptively and qualitatively. The research topic, namely, the Juridical Review of the Implementation of Foreign Arbitration Decisions in Indonesia in the Perspective of Sacred Court Choice Number 4 is analyzed using deductive methods, which entail deriving conclusions from general to specific, particularly regarding the research topic. In this specific situation, a juridical survey of the execution of unfamiliar mediation grants in Indonesia becomes vital to comprehend the effect of established Court Choice number 4 on international arbitration practices, legal certainty, and the investment environment in Indonesia. [ABSTRACT FROM AUTHOR]

The International Court of Arbitration, as an autonomous body within the framework of the International Chamber of Commerce, ICC (Angeon & Callois, 2005), stands as a stalwart institution in resolving disputes arising from international trade contracts (Diemer, 2014). The study aims to delve into the intricate legal framework governing arbitral proceedings under the purview of the ICC, addressing key legal issues that emerge within this domain. The research scrutinizes the procedural mechanisms employed by the arbitral tribunal from the initiation of arbitration proceedings to the issuance of awards, elucidating their function and impacts. This research contributes to a deeper understanding of the legal intricacies surrounding arbitration within the ICC, thereby facilitating decision-making, and fostering greater confidence in the dispute-resolution process of international trade. The study, by integrating theoretical frameworks and qualitative analysis of data, found that the ICC achieved more procedural integrity, and cultivated a dependable repository of information for addressing corporate conflicts. Thus, promoting a more precise comprehension of corporate dispute resolution processes. [ABSTRACT FROM AUTHOR]

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]

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