international commercial arbitration research paper

Its collection of essays, written by Michael Hwang S.C. over the years, on a wide range of topics in international arbitration will undoubtedly enjoy broad appeal to past, present and future generations of students and practitioners. The dispute resolution clause is imperfect. If an arbitration agreement is not valid under its governing law then it is not enforceable. The place of the arbitration will be Melbourne, Australia. h�̛o�GƿJ�ۮ��A��(B��E@$\t��rw���yj���VbrS/ in international arbitration. This would be a more appropriate interim measure at the early stages of the arbitration process, as interim measures are aimed to be ‘grants of temporary relief pending final resolution of a dispute. The ICC is likely to choose someone else, pursuant to Article 13 of the ICC Rules as the disputing parties have not come to agreement about an arbitrator. Being the sole arbitrator I would consequently have authority to invite further submissions and evidence from the parties in an effort to make a logical and fair decision. Under the Rules, the Court must choose an arbitrator while considering their nationality, residence and other relations with the parties and persons in the dispute.The Court has wide discretion under Article 13 to exercise its powers in appointing the sole arbitrator. Which jurisdiction’s procedural law will likely be used? If you contact us after hours, we'll get back to you in 24 hours or less.Hi there, would you like to get such a paper? Thus, this provision allows for alternative methods of questioning, and the Respondent could possibly question the witness over videoconferencing, rather than in person.Furthermore, pursuant to Article 22 of the ICC Rules, which outlines the Conduct of the Arbitration, it is up to the arbitral tribunal in all cases to act fairly to ‘ensure that each party has a reasonable opportunity to present its case’. c) What is your decision? The Claimant’s lawyer asks that you either (a) postpone the hearing for approximately six months; or (b) move the hearing from Melbourne to Paris where the CEO’s mother is in intensive care in hospital.The Respondent acknowledges that in fact Paris is more convenient than Melbourne, but it refuses to change the seat of the arbitration. How is the president of the tribunal likely to be chosen and why? The parties have not directly mentioned the IBA Rules in their dispute resolution clause, and whilst they are not binding, they still remain influential over the arbitration process.Specifically, when parties come from different legal cultures, as is most likely the case in this scenario, the IBA Rules become a very useful guiding tool. Procedural law under which the parties have chosen to arbitrate may require or stipulate specific arbitral procedures or restrain procedures. As English is not the native language of both parties to the dispute, interpretation will be necessary, the costs of which are to be shared equally by the parties[19]. Introductory Remark “International commercial arbitration is a way of solving disputes which the parties choose themselves, it is private, it is effective and, in most parts of the world, it is now the generally accepted method of solving international business dispute”[1] Many agreements may not expressly include or outline the provider’s rules, yet they are considered part of the agreement between the contracting parties. In choosing the president the ICC Court will consider the prospective arbitrator’s nationality and residence as well as the relationships he/she might have with countries which are involved in the arbitration process, as well as the prospective arbitrators availability and ability to arbitrate within the Rules of the ICC[22].The Secretary General may authorize a person nominated by the parties to the dispute or a person pursuant to the agreement between the parties, as the president of the tribunal, provided they satisfy requirements in Article 13(2). The Claimant writes to you requesting that you order the Respondent to return to Claimant immediately the Letter of Credit, or at least that you issue an injunction preventing the Respondent from calling the Big Bank & Trust Letter of Credit. The freedom given to parties in drafting their arbitration agreement is vast, and is one that is often utilised[6]. Contemporary Asia Arbitration Journal, Vol. If Respondent wins the arbitration, and obtains an order for costs, it is unlikely to be able to enforce that order, because the Claimant has no assets available to pay it. If yes, why? In addition, it is widely regarded that arbitrators ‘shall be and remain free from bias’[32] Specifically, for the duration of the arbitration process, the Arbitrator should seek to avoid any communication with a party or representative of a party, and if this said communication cannot be avoided, the arbitrator should seek to inform the other party of this[33].Thus, when Counsel tries to engage me in a discussion of the merits if the case, I would refuse to continue discussion, and then I would explain the above guidelines regarding the ethics of Arbitrators, as well as inform the other party of this communication.International Commercial Arbitration.

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