Search

Arbitration is a form of dispute resolution based on the free will of the parties. This figure has experienced significant growth in recent years and its popularity continues to grow, as it allows the parties to resolve disputes that may arise from their contractual relationship in an agile and rapid manner. This paper will analyse what arbitration is, the types of arbitration that can be found, what the arbitration procedure in Spain is based on, its advantages, tips on how to draft an arbitration clause, the use of arbitration in Mexico will be explained and compared with that in our country and, finally, a brief reflection on why arbitration in Spain is not so successful. [ABSTRACT FROM AUTHOR]

Copyright of IUSTA is the property of Universidad Santo Tomas 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 Indonesia, the resolution of business disputes can be pursued through amicable means, either via the court system or alternative methods. Court proceedings often entail prolonged durations, which can significantly increase overall case costs compared to out-of-court dispute resolution options. Among these alternatives, arbitration stands out as a preferred method due to its adjudicative nature, akin to court proceedings, and its advantages over mediation, conciliation, and negotiation. Arbitration is frequently perceived as more effective and efficient, facilitating win-win solutions for disputing parties. Within the Indonesian legal framework, arbitration closely resembles court procedures for dispute resolution, with its awards holding equivalent binding authority and enforceability. This article employs secondary data analyzed through a qualitative-juridical methodology to investigate the jurisdictions of district courts and arbitration. The findings indicate that arbitration assumes absolute jurisdiction in the presence of an arbitration clause or an underlying arbitration agreement, thereby precluding the jurisdiction of the district court.

Blockchain technology gained popularity with the emergence of intellectual technologies, as cryptocurrencies are also being discussed within contract law along with the interpretation of the concept of consent, and the validity of the consent written in computer codes. This article discusses the validity of arbitration clauses included in smart contracts in the light of the ICSID arbitration, decisions of tribunals and argues that although the institutional arbitration centres such as the ICSID do not possess required technical capacity, taking into account the level of flexibility of the condition of „consent in writing” interpreted in ICSID tribunal decisions on the jurisdiction, a valid arbitration agreement can be concluded in the form of smart contracts encoded and self executed. Besides, revisiting ICSID model clauses, this paper has suggested a new model arbitration clause adaptable to smart contracts.

One of the indisputable principles in Islamic international relations is Nafy-e-Sabil Rule (no domination over Muslims by Non-Muslims) according to which the basic rule is that any agreement in which Muslims or the Islamic State is somehow dominated by non-Muslims is not valid and its performance is not required. One of the issues in which non-Muslim domination over Muslims is controversial is non-Muslim arbitration in Muslim-non-Muslim or even Muslim-Muslim claims in Islamic states which is usually stipulated as a subordinate obligation in the contract that is called “arbitration clause”. According to the primary rule, the denial or Nafy-e-Sabil Rule rejects such obligations that require a Sabil, however, necessity, hardship (haraj), and expediency are among the topics that, if fulfilled, can be considered for a departure from the elementary rule. The present study is an attempt to explain the nature and validity of the arbitration clause in the contracts of Islamic states in the international arena which has been conducted by descriptive and analytical method. It has finally led to this conclusion that the arbitration clause and referral of the arbitrator to the infidel, although at the first is overcome by the rule of Nafy-e-Sabil and, as a consequence, is ineffective, but the secondary rule in the field of haraj and expediency governs it. This analysis justifies the accession of Islamic states to international conventions. Furthermore, some jurisprudential-legal solutions have been provided to get out of the rule of Nafy-e-Sabil Rule.

This case-law study endeavours to share with legal professionals the difficulties met in Romania by the exequatur proceedings relating to foreign arbitration awards, which are commonly generated by pathological or incomplete arbitration clauses. [ABSTRACT FROM AUTHOR]

In this paper we will evaluate the significance of the arbitration clause in international employment contracts. Our aim is to understand how this particular alternative dispute resolution (ADR) mechanism is utilized in the Gulf Cooperation Council (GCC) countries. Even though the law in several countries aims to protect employees by prohibiting arbitration agreements (due to considerations of employee protection), we argue that it should be optional for the employee to enter into labour agreements with arbitration clauses. This is especially important when the arbitration agreement achieves the employees' interests, and is agreed upon with informed and clear consent. We will engage with arguments which advocate the prohibition of arbitration agreements within Individual Employment Contracts (IECs); whilst taking the position that the flexibility, speed, confidentiality and predictability of arbitration provides specific advantages to international employees compared to litigation before court. Furthermore, in the context of a desire on the side of GCC countries to attract high-skilled labour (and when there are many misconceptions regarding the adjudicative functions of labour law courts in the GCC), arbitration clauses can play a significant role in mediating between different legal cultures. [ABSTRACT FROM AUTHOR]

Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas 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 main argument of this text is the analysis of the principle of party autonomy on contracts as a decisive factor for the operation and legal certainty of the arbitration institute in Brazil. Recent laws and jurisprudence from Brazilian courts, which safeguard (or not) the agreement between parties in detriment of collective interest and unalienable rights, have been investigated through the deductive method. It is possible to conclude that - except in cases ruled by customer law - arbitration clauses set forth by the parties are binding, even when opposing public order or proven vulnerability of one of the contracting parties.

The emerging disputes in the energy sector are the subject of litigation, and with the increase in global demand for energy production from its renewable sources, investments tended to allow the exploration and development of renewable energy sources in countries that may lack in this field, and to encourage investment and investors, it became necessary to have a stable legislative framework that provides binding protection For investors to settle disputes as stipulated in local laws and bilateral and multilateral investment treaties. Renewable energy sources, which take place between the investor and the host country for the investment or one of its agencies, include a set of intertwined topics, in which disagreements and disputes may arise between the two parties. renewable and in a manner that preserves the rights of both parties as well. Therefore, arbitration has become a topic of interest They are in the field of investment contracts in general, and the importance of this method increased after the flourishing of international trade, as it became in the form of international organizations, bodies, and centers. [ABSTRACT FROM AUTHOR]

This study aims to analyze the applicability of the disregard of legal entity in arbitration, based on theories regarding the extension of the arbitration clause to nonsignatory parties. Instead of the part of the doctrine’s and the Brazilian’s Superior Court (STJ) positions, it is believed that it is not possible to use the theories of implied consent and group of companies, in order to justify the possibility of disregarding the principle of patrimonial separation in an arbitral proceeding.

While the enforceability of arbitration clauses in consumer contracts, notably credit card contracts, has been well developed in some jurisdictions like the United States and the Czech Republic, the issue has not yet arisen in Kuwait, largely because the development of the credit card sector is relatively new, but, more importantly, because the arbitration system has generally been limited in practice to specific contexts that have not yet included consumer disputes in relation to credit cards. This article examines both the likelihood that Kuwaiti financial institutions will adopt pre-dispute mandatory arbitration clauses in credit card agree)ments in the near future, and the likelihood that those clauses, often significantly unfair to consumers, will be enforced under current Kuwaiti laws. It proposes amendments to relevant Kuwaiti legislation to mitigate the harshness of the enforcement of these clauses in the consumer credit card context and to provide greater balance between the interests of card issuers and cardholders. [ABSTRACT FROM AUTHOR]

The article deals with the writing requirement of the arbitration clause under the New York Convention (the “Convention”). The discussion has been triggered by the recent Czech Supreme Court decision on the formal validity of an arbitration clause contained in an exchange of emails. The author first recalls the drafting history of the Convention and rationale behind the writing requirement. Then he analyses its interpretation in the practice of court before and after the 2006 UNCITRAL Recommendation, which suggested extending the interpretation to modern forms of communication such as email. The main part of the article closely scrutinizes the Czech Supreme Court’s decision on the issue. The Court followed the 2006 Recommendation and the majority of its foreign counterparts. However, it also had to deal with the question of whether an email has to be accompanied by a qualified electronic signature for the written form to be met, as this is (unfortunately) the Court’s requirement when it comes to relations governed by Czech law. Fortunately, the Court has taken an international approach looking both to foreign courts’ practice and to its own case-law under other international conventions such as the CISG or the CMR. Thus it has arrived at the conclusion that the writing requirement under the Convention is met also in the case of an arbitration agreement contained in an exchange of simple emails.

The article 507-A of the CLT, included by Law nº 13.467/2017 (Labor Reform), made it possible to formalize the arbitration clause in individual employment contracts that meet the requirements specified in said legal provision. This means that the employee and the employer, when entering into the legal transaction that triggers the employment relationship, can establish that the conflicts arising from it will be resolved through the heterocomposition method under study, thus removing the state jurisdiction. Given the particularities of labor rights, it is urgent to verify the compatibility of arbitration with this area; to this end, after a brief explanation of the general aspects of the institute in brazilian's law and further examination in the labor field, a concise research will be carried out in order to ascertain the validity of the arbitration clause in individual employment contracts. The conclusion of the research, affiliated with the critical-methodological line and the legal-theoretical aspect, worked by inductive reasoning, is that article 507-A of the CLT is unconstitutional, must be interpreted in the light of the CRFB and guided by the principles of protection and unavailability of labor rights, given the asymmetry between employees and employers. However, considering that art. 507-A of the CLT expressly authorizes the application of the institute to the labor field and since it has already been used in labor relations, it is necessary to use methods that ensure better protection to the workers, preventing them from being harmed, which requires assignment of the role of relief to the judges in charge and arbitration judges. [ABSTRACT FROM AUTHOR]

The purpose of this article is to analyze the scope of the arbitration agreement in the Colombian corporate regime, specifically, concerning the application of the arbitration clause contained in a corporation’s articles of incorporation, to disputes with corporate directors. The nature of this paper is reflective, with aims of presenting the results of the investigation, from an analytical and interpretative perspective. The following methodological resources were employed: First, a review on applicable literature was undertaken in order to analyze, from a doctrinal and regulatory point of view, the concept of the arbitration agreement and its application in corporate disputes. Subsequently, the jurisdictional decisions of the Delegation for Mercantile Procedures of the Superintendency of Corporations on the matter were analyzed. Finally, the authors present some arguments that support the impossibility of applying the arbitration clause to the administrators without their express consent. [ABSTRACT FROM AUTHOR]

The present essay has the scope to analise the article 507-A of the Labor Code, included by the Law n. 13.467 of 2017 (Brazilian Labor Reform). The mentioned legal device indicates that the arbitration clause will be applied to the Labor Procedure. Thus, after presenting a brief exposition on the general aspects of arbitration in brazilian's law and to deepen its analysis in the Labor Procedure, a concise study will be done in order to verify if this type of conflict solution, widely used in civil proceedings, is compatible with the peculiarities that are present in Labor Law, especially with the individual conflicts. The conclusion is that there is no compatibility. However, since the arbitration clause is now expressly foreseen and can already be applied in individual labor claims, the main objective of the research will be to reflect on what can be done to guarantee the employee protection ans, in order to do so, judges will be given a prominent role. [ABSTRACT FROM AUTHOR]

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

This case-law study endeavours to share with legal professionals the difficulties met in Romania by the exequatur proceedings relating to foreign arbitration awards, which are commonly generated by pathological or incomplete arbitration clauses. [ABSTRACT FROM AUTHOR]

Copyright of Jurídicas CUC is the property of Corporacion Universidad de la Costa, CUC 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.)

Totally Arbitration is divided to Voluntary Arbitration Clause and Compulsory Arbitration Clause. Arbitration Clause as a rule Has Contractual Nature .If The Content Of Arbitration Clause For The Reason Ambiguity Has Been Needed To The Interpretation And Arbitrator To Intended Detection Of Common Intention Of The Parties ,Having No Alternative Must To Interpret Of The Content Of Arbitration Clause ,Upon The Principles And Rules of Interpretation Of Contract .But Legislator In Some Cases Imposed On Will Of The Parties Of Contract ,Accepted Of The Arbitration Clause Or Referring Of Claims To The Jurisdiction Of Arbitral Tribunal And Contractual Nature Of Arbitration Clause Has Been Extinguished Or Limitation .In These Cases If Content Of The Arbitration Clause Faced With Ambiguity And Necessitate Of Interpretation, Arbitrator Must Intended To Detection Of The Legislator Will ,Upon The Principles And Rules of Interpretation Of statutes And Discussion Of Detection Of Natural Will And Common Intention Is Ceased .In This Article Interim Of Making Clear Nature And Criterion Of Distinction Of The Compulsory Arbitration Clause ,Causes And Grounds Of Independent Arbitration Clause Necessity From Basic Contract Present By Application Analysis And State Of Some Cases In The Law Of Iran.

This paper shows the diverging tendencies in the understanding of the arbitration clause contained in the general terms conditions of business transactions (GT&CBT) in (international) commercial law and consumer protection law. The results show that inverse logic is currently used regarding the issue of bringing attention to the arbitration clause contained in a GT&CBT and the necessity for such an arbitration agreement to be contained in a separate and personally signed document. International commercial arbitration, encompassing both legal dogma and arbitration and court praxis, has shown a tendency towards a more liberal and flexible understanding of the written form in the past several decades, in terms of the validity of the arbitration clause contained in a GT&CBT referred to in an underlying substantive contract. By contrast, in consumer protection law, there is a tendency for the arbitration clause contained in a GT&CBT, which has not been brought to attention, to be considered a null and void provision. Namely, it is required for the arbitration clause to be contained in a separate document signed by both parties. This points to the conclusion that special attention should be paid to consumer disputes that are to be resolved by arbitration, while court and arbitration praxis in international commercial disputes lately records cases in which the court explicitly took the opposite position. Traders' claims stating that they were not aware that the GT&CBT contained an arbitration clause and that no attention was drawn to it are considered unfounded by the courts. Namely, the application of both GT&CBTs and arbitration in international trade are, nowadays, considered ordinary.

Since the creation of the Venezuelan Supreme Court of Law in (SCL) 1999, a series of sentences passed by the Political-Administrative Chamber set a counterproductive precedent by not recognizing the kompetenz - kompetenz principle proper of international commercial arbitration. For instance, in the sentences that were pronounced on the subjects Hyundai of Venezuela C.A. c. Hyundai Motor Company of 1999 and Consortium Barr S.A c. Four Seasons Caracas C.A., the Supreme Court omitted that principle. In spite of the sentences, then the SCL took on a new direction and in the subject Astivenca Astilleros of Venezuela, C.A. c. Oceanlink Offshore III A/S of 2010, passed a sentence of binding nature, which constituted a decisive support to the kompetenz - kompetenz principle in international commercial arbitration. In the next pages is presented a jurisprudence analysis focus on the different sentences passed by the SCL, where it is studied the evolution of institution of the international commercial arbitration and the kompetenz - kompetenz principle in the legal system of this south American country. It intends to encourage the dissertation of this important matter in the International Business Law sphere.

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.)

Arbitration is well established in Canada. All jurisdictions have implemented the 1958 New York Convention, the UNCITRAL Model Law on Arbitration and equivalent legislation for domestic arbitration. This generally supportive legal landscape for arbitration is often at odds with access to justice for consumers. As a result, several jurisdictions in Canada have adopted legislation to guarantee consumers’ access to local courts, including through class actions, notwithstanding the inclusion of arbitration clauses in their contracts. The constitutional division of powers in Canada entitles each province to adopt its own policy, leading to diversity across the country with regard to the enforceability of arbitration clauses in consumer contracts. In this paper, the author examines the tension between general support for arbitration and differentiated treatment of consumer arbitration in Canada. To that end, the author examines relevant legislation in several provinces (including Quebec and Ontario) as well as recent jurisprudence from the Supreme Court of Canada (Dell Computer (2007), Telus (2011) and Wellman (2019)). The 2020 decision from the Supreme Court of Canada in Uber may signal a new openness toward extending protection to other vulnerable contracting parties such as employees.

The purpose of this paper is to analyse the existing model of employment arbitration in Poland in force since 2005. According to Article 1164 of the Code of Civil Procedure, arbitra¬tion clauses in employment disputes can only be established once a dispute has already arisen. In reality, this post-dispute voluntary regulation has no practical value and employment ar- bitration is an instrument used extremely rarely in Poland. On the basis of examination of applicable laws, the author shows that in given factual and legal circumstances a reasonable employee and a reasonable employer shall seldom have a cause to simultaneously agree to arbitrate an already existing dispute. By applying the com- parative method at the same time, the paper examines possible criteria of distinguishing categories of disputes, agreements, persons and other conditions that would permit a valid arbitration clause in employment agreements. In conclusion, the author demonstrates that, firstly, the existing voluntary post-dispute employment arbitration model in Poland is a fictitious one and requires reform and, sec- ondly, that both a full elimination of arbitration clauses in employment agreements and a full arbitration clause for all future disputes are too blunt a tool not taking into account the real needs and requirements of today’s employees and employers. The author calls for a more nu- anced regulation of employment arbitration in Poland.

(Series Information) European Papers - A Journal on Law and Integration, 2018 3(1), 337-344 | European Forum Insight of 17 May 2018 | (Table of Contents) I. The facts of the case. - II. The judgment and its reasoning. - III. Some of the problems related to the scope and consequences of an interpretative preliminary ruling indirectly concerning the validity of an agreement between Member States. - IV. A few brief concluding remarks. | (Abstract) In its judgment of 6 March 2018, in Achmea (case C-284/16 [GC]), the CJEU for the first time ruled on the validity, in light of EU law, of an international agreement between Member States. The judgment raises several important legal questions. This Insight concentrates exclusively on those related to the concept of "tribunal" within the meaning of Art. 267 TFEU and the consequences of the declaration of invalidity contained therein.

The article concentrates on the process which led to the decimation of the intra-EU Bilateral Investment Treaties, due the affirmation of the public policy of European Union which takes precedence over the international obligations arisen for states from Bilateral Investments Treaties (BITs) and other multilateral investment treaties. In a last update on the situation, the Court of Justice of the European Union found on 6th of March 2018 for a first time, by way of providing answers to a preliminary question addressed by German Federal Court of Justice, that the arbitration clause in intra EU BITs is incompatible with the European Law as it provides a mechanism for settling investment disputes which is not capable of ensuring the proper application and full effectiveness of EU law, having an adverse effect on the autonomy of EU law. The effects of the Court of Justice of the European Union decision on 6th of March 2018 are going to be various at national, european and international level from the transformation of the still existing intra EU BITs or multilateral investments treaties, in useless international instruments to changing entirely the investment law system of guarantees and perhaps to engaging the state or EU responsibility for internationally wrongful acts.

Collaboration between firms is not a new concept, but the new thing that can be seen is that the collaborations have increased significantly during the past couple of decades, along with the increasing international competition. Moreover, the nature of collaboration has changed, shifting from peripheral interests to the very core functions of the corporation, and from equity to non-equity forms of collaboration. This paper essentially focuses on the legal framework governing the various aspects of a Joint Venture in India in brief, the methods of Joint Ventures, as well as RBI regulations on the topic. The research methodology adopted is largely analytical and descriptive. Reliance has been placed largely on various sources like articles and online articles.

Copyright of Science in Olympic Sports is the property of National University of Physical Education & Sport of Ukraine 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 deals with the writing requirement of the arbitration clause under the New York Convention (the "Convention"). The discussion has been triggered by the recent Czech Supreme Court decision on the formal validity of an arbitration clause contained in an exchange of emails. The author first recalls the drafting history of the Convention and rationale behind the writing requirement. Then he analyses its interpretation in the practice of court before and after the 2006 UNCITRAL Recommendation, which suggested extending the interpretation to modern forms of communication such as email. The main part of the article closely scrutinizes the Czech Supreme Court's decision on the issue. The Court followed the 2006 Recommendation and the majority of its foreign counterparts. However, it also had to deal with the question of whether an email has to be accompanied by a qualified electronic signature for the written form to be met, as this is (unfortunately) the Court's requirement when it comes to relations governed by Czech law. Fortunately, the Court has taken an international approach looking both to foreign courts' practice and to its own case-law under other international conventions such as the CISG or the CMR. Thus it has arrived at the conclusion that the writing requirement under the Convention is met also in the case of an arbitration agreement contained in an exchange of simple emails. [ABSTRACT FROM AUTHOR]

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

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