Suchergebnisse

Agreements providing for the arbitral settlement of disputes arising out of contracts between foreign sovereigns and private contracting parties have become a permanent feature of transnational commerce.This particular favor for the arbitral, as opposed to the judicial, settlement of state contract disputes is attributable to a number of reasons, some of which are conventional and others the consequence of contemporary developments. Traditionally, arbitration has proved attractive because of the special expertise that it may provide and lack of publicity, which may increase the willingness of the losing party to comply with the award.

The purpose of this paper is to examine if Brexit may affect international commercial arbitration in the United Kingdom as well as in the European Union. In order to reveal this issue, firstly, it is analysed if Brexit has any effect on London as favourable seat of arbitration. Second, the author determines how Brexit may affect the recognition and enforcement of the foreign arbitral awards in both the United Kingdom and the European Union. Third, the paper deals with the anti-suit injunctions and their application in the United Kingdom after Brexit. When analysing the abovementioned issues, the author argues that Brexit will not affect international commercial arbitration in the United Kingdom and in the European Union but on the contrary – it may have very positive effects on this method of alternative dispute resolution. To reveal the subject-matter of the conference paper, the author analyses laws of the United Kingdom and the European Union as well as the relevant sources of international law. The author also bases his conclusions on the case-law and the opinions of legal doctrine.

The purpose of this paper is to examine if Brexit may affect international commercial arbitration in the United Kingdom as well as in the European Union. In order to reveal this issue, firstly, it is analysed if Brexit has any effect on London as favourable seat of arbitration. Second, the author determines how Brexit may affect the recognition and enforcement of the foreign arbitral awards in both the United Kingdom and the European Union. Third, the paper deals with the anti-suit injunctions and their application in the United Kingdom after Brexit. When analysing the abovementioned issues, the author argues that Brexit will not affect international commercial arbitration in the United Kingdom and in the European Union but on the contrary – it may have very positive effects on this method of alternative dispute resolution. To reveal the subject-matter of the conference paper, the author analyses laws of the United Kingdom and the European Union as well as the relevant sources of international law. The author also bases his conclusions on the case-law and the opinions of legal doctrine.

International audience ; This article is part of the ongoing efforts to write a critical history of international arbitration in commercial and investment matters. It examines the ways in which the Spanish crown and its concessionaries set up a mechanism to settle legal disputes pertaining to the transatlantic slave trade. The transformation of asientos de negros from limited royal contracts to large-scale monopolies awarded to foreign chartered companies during the sixteenth, seventeenth and early eighteenth centuries was accompanied by the creation of an international commercial arbitration system. Why was this system set up, how did it work, and what was its faith? The overall aim of the article is to invite international lawyers to rethink the history ofinternational arbitration and pay closer attention to the 'private' dimensions of formal and informal imperialism. It also attempts to bridge the historical investigation and contemporary commentary. In the conclusion, I argue that this study allows us, in a mirroring effect, to question the idea that today's dispute settlement mechanism was conceived as a means to 'depoliticize' international investment law. What the introduction of arbitration achieves is to place some fundamental questions out of sight. Today, as in the past, arbitrators work from within the system; their work rests on a series of unspoken – and yet highly political – premises about the organization of economic life and the distribution of values.

International audience ; This article is part of the ongoing efforts to write a critical history of international arbitration in commercial and investment matters. It examines the ways in which the Spanish crown and its concessionaries set up a mechanism to settle legal disputes pertaining to the transatlantic slave trade. The transformation of asientos de negros from limited royal contracts to large-scale monopolies awarded to foreign chartered companies during the sixteenth, seventeenth and early eighteenth centuries was accompanied by the creation of an international commercial arbitration system. Why was this system set up, how did it work, and what was its faith? The overall aim of the article is to invite international lawyers to rethink the history ofinternational arbitration and pay closer attention to the 'private' dimensions of formal and informal imperialism. It also attempts to bridge the historical investigation and contemporary commentary. In the conclusion, I argue that this study allows us, in a mirroring effect, to question the idea that today's dispute settlement mechanism was conceived as a means to 'depoliticize' international investment law. What the introduction of arbitration achieves is to place some fundamental questions out of sight. Today, as in the past, arbitrators work from within the system; their work rests on a series of unspoken – and yet highly political – premises about the organization of economic life and the distribution of values.

International audience ; This article is part of the ongoing efforts to write a critical history of international arbitration in commercial and investment matters. It examines the ways in which the Spanish crown and its concessionaries set up a mechanism to settle legal disputes pertaining to the transatlantic slave trade. The transformation of asientos de negros from limited royal contracts to large-scale monopolies awarded to foreign chartered companies during the sixteenth, seventeenth and early eighteenth centuries was accompanied by the creation of an international commercial arbitration system. Why was this system set up, how did it work, and what was its faith? The overall aim of the article is to invite international lawyers to rethink the history ofinternational arbitration and pay closer attention to the 'private' dimensions of formal and informal imperialism. It also attempts to bridge the historical investigation and contemporary commentary. In the conclusion, I argue that this study allows us, in a mirroring effect, to question the idea that today's dispute settlement mechanism was conceived as a means to 'depoliticize' international investment law. What the introduction of arbitration achieves is to place some fundamental questions out of sight. Today, as in the past, arbitrators work from within the system; their work rests on a series of unspoken – and yet highly political – premises about the organization of economic life and the distribution of values.