In order to revitalise
the international arbitration system in our country, we need to enact easier - to - use arbitration legislation in order to make international arbitration more accessible in Japan.
Yet the enforcement of international arbitral awards continues to be one of the key challenges of
the international arbitration system, complicated further where the non-complying award debtor is a state.
UNCITRAL considers the New York Convention to be one of the most important United Nations treaties in the area of international trade law and the cornerstone of
the international arbitration system.4 Since its inception, the Convention's regime for recognition and enforcement has become deeply rooted in the legal systems of its Contracting States and has contributed to the status of international arbitration as today's normal means of resolving commercial disputes.
Not exact matches
Contributing to the slowdown would be the loss of the
international arbitration mechanism built into NAFTA, which presently shields US and Canadian investors from Mexico's legal
system amid questions surrounding Mexico's commitment to the rule of law.
The English legal
system facilitates alternative methods of dispute resolution, including
arbitration, for which London is a leading
international centre.
Ultimately, the reappointment process itself, and the way it helps the
system of investor - State
arbitration to adapt to the evolving expectations of the
international community, can therefore be a source of legitimacy in aligning the decision - making of arbitrators with the wider public and its values, including the rule of law and democracy.
It is this provision which has allowed courts in the Contracting States to advance many of the most important innovations underpinning the modern
system of
international arbitration.
Helping to align investment
arbitration with the functioning and the results of other
systems of public law adjudication can contribute to forming an emerging consensus on the many contested issues in
international investment law and afford legitimacy to the dispute settlement activity of investor - State arbitral tribunals.
Because numerous jurisdictions and legal
systems can intersect in one
international arbitration proceeding, our team operates in cross-border teams, regardless of where they are physically located, which allows us to cover legal disputes all across the world.
Represented an
international engineering and procurement contractor in an ICC
arbitration of a dispute involving on the engineering, procurement, and construction of SCADA control
system for several crude oil and product pipelines.
He was recently invited to a mediation conference in October 2016 by the THAC (Thailand
Arbitration Center) and the World Mediation Organization where he holds the position on the Advisory to speak about the court annexed mediation
system in Toronto Canada and hybrid models of
arbitration such as the ARB - MED - ARB protocol that has been recently been implemented at SIAC (Singapore
International Arbitration Center).
First of all, establishing a centre like the ones in the above - mentioned countries, setting up of a permanent secretariat office with bilingual staff, collecting information regarding
international dispute resolution methods, enhancing of facilities (including an
arbitration courtroom, arbitrator waiting room, party waiting room) and equipment (including simultaneous interpreting, TV conference
system and translation of material) are required.
«At the most basic level,
international arbitration attorneys are
international litigators in a transnational justice
system,» says Donald Donovan of Debevoise & Plimpton.
Neil Hart practises chiefly in the fields of
international arbitration, commodities, energy, shipping, shipbuilding, insurance (marine and non-marine) and structured finance, often in disputes involving different
systems of law, tribunals and / or jurisdictions.
Instead, the
system is likely to be marked by the co-existence of investor - state
arbitration and an
international investment court, leading to pluralism rather than a dichotomous either / or choice or a clear before - and - after moment.
AAR chief Stan Polovets praised «Skadden's ability to draw on expertise as to the English court
system through to English and Russian corporate law and to
international arbitration.»
The thrust of conversation throughout the event was on collaborating ideas to find common ground between civil and common law jurisdictions in
international arbitration; a particularly pressing issue in Africa, whose tangled colonial history has contributed to a distinct mixture of both
systems, as well as Islamic laws and local customs.
Leading experts from academic, practice and
arbitration institutions and
international organisation discussed different approaches in common and civil law
systems, the emergence of group actions in commercial
arbitration and the experience with similar cases in investment
arbitration.
Paul Stothard, Chiz Nwokonkor, and Giles Harvey of King & Wood Mallesons consider recent actions taken by South Africa to reinvent its position in the
international system of
arbitration.
Because of the differences between
international investment law and traditional public
international law, on the one hand, and commercial
arbitration, on the other, analogies with both
systems, while certainly not excluded, have to be treated with caution.
Interestingly, the Advocate General ranged much more broadly in reaching the same conclusion, stating that these limitations on the review of
international arbitral awards were «contrary to the principle of effectiveness of EU law», «(n) o
system can accept infringements of its most fundamental rules making up its public policy, irrespective of whether or not those infringements are flagrant or obvious» and «one or more parties to agreements which might be regarded as anticompetitive can not put these agreements beyond the reach of review under Articles 101 TFEU and 102 TFEU by resorting to
arbitration» (AG Op § § 58, 67 and 72).
participated in more than 650
international arbitration proceedings and handled disputes in over 70 legal
systems;
He specializes in
international commercial and investment
arbitration, and has represented clients under most major arbitral rules
systems.
They would turn to a developer who would encode a data block to record the basic rule that if Canada Co. files a demand for
arbitration then a digital
system will automatically file a stipulated
arbitration demand with the
International Court of
Arbitration that has been executed in advance by U.S. Co..
As much as common law lawyers may be naturally conversant with the language of
international arbitration, many disputes in Europe hinge on a sophisticated grasp of continental
systems.