Suchergebnisse

Supply Cases --Work and Material Cases --Construction Cases --Consulting Engineering --Distributing Cases --Tourism Cases --Freightage Cases --Investment Cases --Works Contracts --Commrercial Business Sale Cases --Lease Contract --Sale and Lease Cases --Commercial Agency Software Contract --Management Contract Cases --Insurance Cases --Maritime Cases.

Compares the arbitral rules of: International Chamber of Commerce (ICC), American Arbitration Association/International Center for Dispute Resolution (AAA/ICDR), London Court of International Arbitration (LCIA), Stockholm Chamber of Commerce (SCC), and International Center for Settlement of Disputes (ICSID) as leading sets of institutional international arbitration rules. The international arbitration rules of the United Nations Commission on International Trade (UNCITRAL) and the Center for Public Resources (CPR) are included as the preeminent sets of ad hoc international arbitration rules

Examines the approach of Ghana's Alternative Dispute Resolution Act 2010 to the question of arbitrability. Reflects on the concept of arbitrability under international law, the relevant trends emerging from case law, and the approach adopted by the Ghanaian High Court in Attorney General v Balkan Energy LLC. Reviews the Act's arbitrability exemptions, their implications for international arbitration in Ghana, the potential jurisdictional challenges under the legislation and how its provisions could be amended to increase its conformity with international trends on arbitrability.

AbstractThis article examines the recent development of mainland Chinese law and judicial practice regarding the law applicable to arbitration agreements. It identifies potential changes to mainland Chinese law and practice that may help to further develop the People's Republic of China (PRC) into a truly international-arbitration-friendly jurisdiction. It argues that in the absence of explicit statutory provisions and a consistent approach in the People's Courts to the determination of the place of arbitration and the law applicable to arbitration agreements, it is important for parties negotiating arbitration clauses with a seat in China and/or for contracts involving mainland Chinese elements to explicitly designate the place of arbitration as well as the law governing their arbitration agreements.

This article seeks to trace the historical origin of arbitration as it is currently practised in South Africa. The resort to alternative dispute resolution methods has existed since time immemorial. The practice of arbitration was identified in the Bible when it was practised by King Solomon. South African traditional communities practised arbitration before the arrival of Western nations in South Africa, who brought with them their norms and practices. The community entrusted the responsibility of resolving disputes amicably to the headman, the Chief or the King. The practice of traditional alternative disputes resolution was disrupted by colonialism, which introduced Roman-Dutch law and subsequently English law influences. The aim of the parties under both Roman-Dutch law and English law was to steer their disputes away from courtrooms with their rigid rules and procedures. Hence the resort to arbitration. Through the passage of time, the parties lost respect for arbitration. Judicial intervention became a necessary tool to enforce the agreement to arbitrate or the subsequent award. A concern was raised in some quarters regarding the South African arbitration legislation that stagnated in 1965 when it was enacted. The sophisticated legal system and the impartial and independent judiciary, provided a strong support to arbitration and its autonomy. The firm judicial support did not detract from the necessity for a complete overhaul of the arbitration prescript, which might position South Africa as the hub of commercial arbitration in Africa and globally. The enactment of the International Arbitration Act, 2017 marked a great milestone towards achieving that goal. Arbitration is embedded in the fabric of South African commercial dispute resolution.

Money Laundering: How it Works and Why you should be Concerned /Kristine Karsten --Fraud, Corruption and Money Laundering: The Approach of an International Law Firm /Alan Jenkins --Trans-national Commercial Bribery: Challenge to Arbitration /Mark Pieth --The 1997 OECD Convention against Trans-national Bribery: Effective Monitoring and Implementation /Giorgio Sacerdoti --Trans-national Public Policy in International Arbitral Decisionmaking: The Cases of Bribery, Money Laundering and Fraud /Bernardo Cremades Sanz Pastor and David J.A. Cairns --The role of the expert in arbitration /Arthur Harverd --Arbitration Case Law on Bribery: Issues of Arbitrability, Contract Validity, Merits and Evidence /Antonio Crivellaro --Arbitration, Corruption, Money Laundering and Fraud: The Role of the Tribunals /Allan Philip --Final Remarks /Robert Briner.

Third-party funding (TPF) is a species of the common law doctrine of maintenance and champerty. With the burgeoning of global trade, the need for funding arbitral proceeding of high magnitude have witnessed an upward trend. TPF is a method wherein the impecunious party to the dispute enters into a contract with a third-party, who is not a party to the arbitration agreement, to finance the arbitration proceeding and run the risk of either paying or receiving the proceeds, costs, or award awarded against or in favor of such party. TPF, on one hand, provides a gateway to justice to the impecunious party and on the other hand, causes an impediment to the recognition and enforcement mechanism of arbitral awards. TPF flourishes as an alternative to support arbitral proceedings by acting as an investment for the financers but what impact it has on the market, in the long run, is still unclear. TPF assists the struggling party to appoint highly qualified specialists and a learned arbitrator through financial assistance but restricts the party autonomy and raises justifiable doubts as to the independence and impartiality of the arbitrator due to the leverage the financer holds in such an arrangement. Last but not least, TPF may also, at times, result in the disclosure of attorney-client communication to the financer. The present article is an analytical study of TPF as a mechanism in international commercial arbitration and what challenges it poses to its practice. Moreover, the article places reliance on the work of various scholars, and adopting the inductive approach of reasoning, reflects upon the plausible remedies for challenges that TPF poses to international commercial arbitration. Keywords: Third-Party Funding; Commercial Arbitration; International; Challenges; Regulation.