Even though
the new arbitration law is a positive step towards development, where else do you think Qatar could improve to further drive in investment?
The new arbitration law in Qatar was set out to help aid investment into the country; what do you think was the initial motive behind setting out to ensure investment strengthened?
It is true that
the new arbitration law is a positive step toward encouraging further investment in Qatar.
Prior to the passage of
the new arbitration law, arbitration was governed by the Qatar Civil and Commercial Procedure Code.
Last year, Sadaff Habib discussed the prospect of
a new arbitration law being enacted for the UAE.
South Africa's
new arbitration law came into force at the end of 2017.
As stated above, in 2003 Japan enacted
a new arbitration law modelled on the 1985 UNCITRAL Model law (1985).
The new arbitration law is modelled on the UNCITRAL Model Law (1985).
The UAE parliament [1] has approved
a new arbitration law based on the UNCITRAL Model Law.
Not exact matches
Australia is already having a painful experience with this type of clause — tobacco company Philip Morris Asia has commenced
arbitration against the Australian government over its
new plain packaging for tobacco products
laws using a similar clause in an investment treaty between Australia and Hong Kong.
With
New York's
arbitration law set to expire on June 30, Governor Andrew Cuomo's 2013 - 14 Executive Budget included statutory language imposing 2 percent cap on compensation cost increases resulting from
arbitration, defining «compensation» to include health benefits while excluding steps and longevity increments.
This Agreement, and any dispute between you and the Company, shall be governed by the
laws of the state of
New York without regard to principles of conflicts of
law, provided that this
arbitration agreement shall be governed by the Federal
Arbitration Act.
(a) Except with regard to the enforceability of the
arbitration agreement contained herein, which shall be governed by the Federal
Arbitration Act (as set forth below in subsection 22 (d) below), this Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of
New York, as they are applied to agreements entered into and to be performed entirely within
New York and without regard to conflict of
law principles.
It is in charge of admitting
new members, evaluating the compliance of current members, the
arbitration of various rules and by -
laws of the OFCS, oversight of the financial needs of the OFCS, working as liaison between the society and the film industry, media and online community, and the general administrative functions of overseeing the OFCS.
And Anderson said while she recognized that the
new teacher tenure
law known as TEACHNJ provided some avenues for removing the least - effective teachers, the district needed to move more quickly than through a process that can include extensive documentation and
arbitration.
A budget
law gives state Commissioner John King binding -
arbitration power to set a
new evaluation system if New York City and the UFT can not compromi
new evaluation system if
New York City and the UFT can not compromi
New York City and the UFT can not compromise.
In a quick judgment that is one of the hallmarks of the
law's
new arbitration system, arbitrator David Gregory on Dec. 8 found on behalf of Williams, agreeing that the evaluations by his principal were contradictory and «egregiously irreconcilable.»
Ball was more critical of the
arbitration process as a whole, under the
new law, with its tight time restrictions requiring that cases be decided within 45 days after a hearing and limiting the pay that arbitrators can make.
While in recent years, some important scholars have suggested that the time has come to initiate a revision of the
New York Convention, 8 there is no danger in leaving the Convention in its current form.9 Article VII (1), which will grow in importance with the continued modernization of national
arbitration laws, ensures that the Convention can not freeze the development of international
arbitration.
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.
Although article V (1)(d) moves beyond the text of the 1927 Geneva Convention, it is not as liberal as certain
arbitration statutes, which attach even less importance than the
New York Convention to the
law of the country where the
arbitration took place at the recognition and enforcement stage.854 As explained in the chapter on article VII, 855 the Convention sets only a «ceiling», or the maximum level of control, which courts of the Contracting States may exert over foreign arbitral awards.
Professor (Dr.) Albert Jan van den Berg, founding partner at Hanotiau & van den Berg, the world - class international
arbitration boutique firm, spoke at the third annual Carolyn Lamm / White & Case International
Arbitration Lecture at Miami
Law, delivering «Reflections on the 60th Anniversary of the 1958
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.»
Ms. Riksheim began her legal career at a private
law firm in
New Orleans, Louisiana, where she represented sureties and contractors in state and federal courts, as well as in
arbitrations, mediations, and administrative hearings.
The genius of the
New York Convention is to have foreseen, and made provision for, the progressive liberalization of the
law of international
arbitration.
With these
newest certifications for our family lawyers, Pollock Begg now has four attorneys certified in collaborative
law, two in mediation and one in
arbitration.
Here's a
new case study on how AccessData recently worked with Utah - based
law firm PIA Anderson Dorius Reynard & Moss LLC using Summation eDiscovery solution for collection, processing and review of ESI for an international
arbitration.
-- Pharmaceutical Company v. Insurers: Confidential
arbitration proceedings relating to liability insurance and its application to US pharmaceutical risks (policy governed by
New York
Law) giving rise to issues as to the scope of cover / exclusion clauses.
Anton has experience of
arbitrations under «Bermuda form» policies of insurance, including a case concerned with artificial heart implants, and proceedings under a pharmaceutical risk policy (English seat;
New York
law).
In particular, while the 1945 UN Charter and the UN Convention on the
Law of the Sea acknowledged and promoted interstate
arbitration, the
New York and the Washington conventions consecrated the principle of recognition and enforcement of arbitral awards with regards to international trade and investment.
It is anticipated that the
new law will provide a properly structured procedural framework for domestic and international
arbitrations seated in the UAE, with clear rules on when an award may be challenged, as well as easing the route to enforcement of awards by giving
arbitration awards the status of court judgment which can be ratified in the UAE Courts (thereby avoiding lengthy enforcement proceedings).
Until the
new UAE Federal
Arbitration Law is enacted, enforcing an onshore Dubai - seated
arbitration award through the Dubai courts will continue to be fraught with difficulties, including uncertainty (there is no system of binding precedent in the UAE), significant delay (enforcement proceedings can take up to three years), and costs (legal costs are not recoverable in the Dubai Courts).
Represented corporate insured in $ 100 million dispute arising from hurricane losses subject to ad hoc
arbitration in London under
New York
law
Insiders consider the
new UAE
arbitration law to be a very good draft
law.
John also spent two years teaching international trade
law, international commercial
arbitration and international human rights
law at Otago University in
New Zealand.
As ALB's Special Report on Investment in Africa makes clear, it has strong,
arbitration - friendly,
laws in place, dating back to 1994, alongside a commitment to adherence to the
New York Convention, since 1959 onwards.
However, in response to Singapore's recent rise in prominence, in order to further improve Hong Kong's ADR, in 2017 Hong Kong plans to open a
new arbitration centre that is open not only to HKIAC but also to
arbitration institutions and
arbitration focused
law firms from around the world.
New partners span multiple practices, including litigation and
arbitration, banking and leveraged finance, environmental
law, project finance, tax, and technology and outsourcing; lawyers resident in six offices worldwide
a leading international banking institution in an ICC
arbitration sited in Miami, with
New York
law applying, against a consortium of Latin American investors;
a leading international transportation company in an ICC
arbitration sited in Mexico City, with Mexican and
New York
law applying, against a leading Mexican railroad (amount in dispute over $ 500 million);
Mr. Pierce is a Board Member and member of the Programs Committee of the
New York International
Arbitration Center; a founding member of the International
Arbitration Club of
New York; a former member of the International Dispute Resolution Committee and Committee on International Security Affairs at the Association of the Bar of the City of
New York; a member of the Federal Bar Council and a member of various international
arbitration associations around the world (the International Bar Association (Committee D -
Arbitration and ADR), the Association Suisse de l'Arbitrage, the Section of International
Law and Practice of the American Bar Association and the International
Arbitration Association in Paris).
In London, Fred has participated in a mock
arbitration of a
New York State Labor
Law case, at Xchanging, a mock trial of a tractor - trailer accident, and a symposium on litigation at the Lloyd's Library all presented to large groups of claims professionals, underwriters and brokers.
2 The
New York Convention (1958), -LRB-...) is the centerpiece in the mosaic of treaties and
arbitration laws that ensure acceptance of arbitral awards and arbitration agreements (INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRAT
arbitration laws that ensure acceptance of arbitral awards and
arbitration agreements (INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRAT
arbitration agreements (INTERNATIONAL COUNCIL FOR COMMERCIAL
ARBITRATIONARBITRATION, 2011).
In light of the above, the process represents not only a clear violation of the
New York Convention but also of the Ecuadorian Constitution and domestic
laws, which recognize the right to due process and
arbitration as an alternative mechanism of dispute resolution, without making a distinction between international and domestic
arbitration.
International
Arbitration: Cases and Materials A 1200 page casebook presents an international approach to international commercial
arbitration, focusing on the
New York Convention and UNCITRAL Model
Law.
[6] Article V (1)(d)
New York Convention: «The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the
law of the country where the
arbitration took place -LSB-...].»
A. Introduction While investor - state
arbitration remains a relatively
new area of international
law, the number of cases commenced under international investment agreements (IIAs) has grown...
This plenary aimed to explore potential
new types of claims that may lie ahead in international
arbitration, and how
arbitration in the future might become a forum for resolving disputes under
new international and national
laws, and
new international policy.
Once constituted, the tribunal will invite parties to the first procedural hearing at the (usually neutral) seat of hearing (often jurisdictions with favorable
arbitration laws and culture such as
New York, London, Paris, Geneva and Singapore), where the calendar and procedural order for the next steps will be established.
However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national
law has determined that an
arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the
New York Convention which «takes precedence over» Brussels I (recast)-RRB-.
Author: Robert Ambrogi practices in Rockport, Mass., specializing in media and
new media
law as well as
arbitration and mediation.