Misplaced Pages

#869130

33-728: The AAA also administers International Centre for Dispute Resolution ( ICDR ), established in 1996 and overseas international arbitration proceedings initiated under AAA rules. ICDR currently (as of 2018) has offices in New York City , Mexico City , Singapore , and Bahrain . The AAA was founded in 1926 by the merger of the Arbitration Society of America and the Arbitration Foundation to provide dispute resolution and avoid civil court proceedings. Many contracts include an arbitration clause naming

66-553: A US proposal for that working group to develop a convention on the enforcement of conciliated settlement agreements for international commercial disputes. Within the EU, the enforceability of mediation agreements is ruled by Directive 2008/52/EC. Under the New York Convention, if a party to arbitration files a lawsuit in breach of an arbitration agreement, the court is obligated to recognize an agreement in writing under which

99-559: A barrier to collection. The legal protection of foreign direct investment is guaranteed by a network of more than 2750 Bilateral Investment Treaties (BITs), Multilateral Investment Treaties, most notably the Energy Charter Treaty and a number of free trade agreements containing chapter on investment protection through investor-state dispute settlement , such as NAFTA . The overall number of cases concluded reached 244. Of them, approximately 42% were decided in favour of

132-708: A hybrid between the common law and civil law legal systems. For example, the International Bar Association (IBA)'s Rules on the Taking of Evidence in International Commercial Arbitration, revised in 2010, do not adopt common law broad disclosure procedures (discovery) or follow the civil law in eliminating entirely the ability of engaging in some disclosure-related practices. The IBA Rules blend common and civil systems so that parties may narrowly tailor disclosure to

165-727: A large membership although the Hague Convention of 30 June 2005 on Choice of Court Agreements entered into force in 2015 for the European Union and Mexico. Similarly, no equivalent treaty exists so far for the international recognition of settlements achieved in mediation or conciliation :so far, a meeting of the UNCITRAL Working Group II in New York has taken place in February 2015 subsequent to

198-674: A mechanism for resolving state-to-state disputes, leading to the adoption of the Hague Conventions for the Pacific Settlement of International Disputes . The Conventions established the Permanent Court of Arbitration and a rudimentary institutional framework for international arbitration of interstate disputes. In recent years, international arbitration has been used to resolve a number of disputes between states or state-like entities, including Eritrea v. Yemen,

231-607: A more recent development, the Swiss Chambers of Commerce and Industry of Basel, Berne, Geneva, Lausanne, Lugano, Neuchâtel and Zurich have adopted a new set of Swiss Rules of Commercial Mediation that are designed to integrate fully with the Swiss Rules of International Arbitration that were previously adopted by these chambers to harmonize international arbitration and mediation proceedings across Switzerland. The International Arbitration Institute, until recently headed by

264-617: A non-profit association since 1974, together with ASA Below 40, has over 1’200 members, practitioners and academics engaged and/or interested in domestic and international arbitration, from Switzerland and abroad. ASA contributes to the development of arbitration law and practice through regular conferences and workshops, including the Annual Conference; the Arbitration Practice Seminar; ASA Local Group meetings; ASA below 40 events for young practitioners, and

297-644: Is arbitration between companies or individuals in different states , usually by including a provision for future disputes in a contract. Arbitration agreements and arbitral awards are enforced under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the "New York Convention"). The International Centre for the Settlement of Investment Disputes (ICSID) also handles arbitration, but it

330-620: Is an international treaty concluded within the Hague Conference on Private International Law . It was concluded in 2005, and entered into force on 1 October 2015. Albania, the European Union (covering the European territory of all member states except Denmark), Denmark, Mexico, Moldova, Montenegro, Singapore, Switzerland, Ukraine and the United Kingdom are parties to the convention. China, Israel, Kosovo, North Macedonia and

363-598: Is limited to investor-state dispute settlement . The New York Convention was drafted under the auspices of the United Nations and has been ratified by more than 150 countries, including most major countries involved in significant international trade and economic transactions. The New York Convention requires the states that have ratified it to recognize and enforce international arbitration agreements and foreign arbitral awards issued in other contracting states, subject to certain limited exceptions. These provisions of

SECTION 10

#1732773326870

396-433: The "Judgements project" in 1996: the development of a convention regarding jurisdiction and recognition of judgements. Jurisdiction within such a convention would be classified in three categories: bases of jurisdiction which were obligatory, optional or prohibited. As the negotiators were not able to come to a consensus on such a convention, the scope of the work was reduced to jurisdiction and recognition of decisions based on

429-502: The AAA as the organization that will administer arbitration between the parties. The AAA does not itself arbitrate disputes, but provides administrative support to arbitrations before a single arbitrator or a panel of three arbitrators. Under its rules, the AAA may appoint an arbitrator in some circumstances, for example, where the parties cannot agree on an arbitrator or a party fails to exercise its right to appoint an arbitrator. In July 2009,

462-566: The AAA stopped accepting consumer debt collection cases, after the National Arbitration Forum was forced to do so after questions arose about the fairness of its process. In April 2013, the New York State Department of Financial Services hired the AAA to host mediation sessions between insurance companies and Hurricane Sandy victims. International arbitration International arbitration

495-812: The Abyei Arbitration, the OSPAR Arbitration, and the Iron Rhine Arbitration. An illustrative case that highlights the limitations and criticisms of early international arbitration is the Mosul dispute between Turkey and Britain in the 1920s. After the collapse of the Ottoman Empire, the oil-rich Mosul Vilayet became a contentious territory. The dispute was referred to the League of Nations for arbitration. Critics argue that

528-763: The British Columbia International Commercial Arbitration Centre (BCICAC, Canada). Specialist ADR bodies also exist, such as the World Intellectual Property Organisation (WIPO), which has an arbitration and mediation center and a panel of international neutrals specialising in intellectual property and technology related disputes. A number of arbitral institutions have adopted the UNCITRAL Rules for use in international cases. See for example, Australia's adoption of

561-712: The New York Convention, together with the large number of contracting states, have created an international legal regime that significantly favors the enforcement of international arbitration agreements and awards. It was preceded by the 1927 Convention on the Execution of Foreign Arbitral Awards in Geneva. International arbitration allows the parties to avoid local court procedures. International arbitration has different rules than domestic arbitration, and has its own non-country-specific standards of ethical conduct. The process may be more limited than typical litigation and forms

594-454: The UNCITRAL Rules in its 6 July 2010 amendment to the 'International Arbitration Act 1974' (Cth). The most salient feature of the rules of the ICC is its use of the "terms of reference." The "terms of reference" is a summary of the claims and issues in dispute and the particulars of the procedure and is prepared by the tribunal and signed by the parties near the beginning of the proceedings. In

627-466: The United States signed the convention, but did not ratify. Parties under the convention recognize a choice of court agreement between parties in the field of civil law and thus courts not chosen in the agreement will stay all proceedings, unless the chosen court refuses to uphold the jurisdiction. For the convention choice of court agreements must be "exclusive", which means in the context of

660-403: The agreement's particular subject matter. David Rivkin, who chaired the committee that drafted the rules, has noted that the wide adoption of these rules in international arbitration has led in practice to an unexpected use by common law practitioners to limit disclosure and by civil law practitioners to expand it. The rules can be further impacted by arbitral rules that may be agreed between

693-619: The arbitration process was heavily influenced by British interests and did not adhere to principles of impartiality and fairness. The League's decision favored Britain's position, awarding Mosul to the British Mandate of Iraq, despite significant evidence suggesting that the local population, including Kurdish and Arab communities, preferred Turkish sovereignty. This outcome is cited as an example of "interim peace"—a temporary resolution imposed through coercive arbitration—rather than "sustainable peace," which requires just agreements free from

SECTION 20

#1732773326870

726-629: The award. Public information on overall and specific arbitration cases is quite limited as there is no need to involve the courts at all unless there is a dispute, and in most cases the loser pays voluntarily. In China, a review of disputed cases in China found that from 2000 to 2011, in 17 cases the Supreme People's Court upheld the refusal to enforce the arbitration agreement due to a provision in Article V; China has an automatic appeal system to

759-418: The convention that also a group of courts may be chosen, as long as they are in the same country. It is not required for a choice of court agreement to explicitly state that the agreement is exclusive; designating a specific (set of) courts will automatically render it exclusive. Judgments by the chosen court must be recognized in all states where the convention is applicable. The Hague Conference started with

792-532: The highest court, so this includes all such refusals. A number of essential elements should be included in almost all international arbitration agreements, with model language available. These include the agreement to arbitrate, a definition of the scope of disputes subject to arbitration, the means for selecting the arbitrator(s), a choice of the arbitral seat, and the adoption of institutional or ad hoc arbitration rules. A number of other provisions can also be included in international arbitration clauses, including

825-404: The language for the conduct of the arbitration, choice of applicable law, arbitrator qualifications, interim relief, costs, and procedural matters. In order to bridge the gap when parties to an international agreement have difficulty in agreeing upon an arbitral institution, some international arbitration specialists recommend using an arbitration clause that authorizes two arbitral institutions in

858-565: The late Emmanuel Gaillard , was created in 2001, under the auspices of the Comité français de l’arbitrage (CFA), to promote exchanges and transparency in the international commercial arbitration community. The Association for International Arbitration is a non-profit organisation founded in Paris in 2001 by Johan Billiet which provides information, training and educational activities but does not appoint arbitrators. ASA - Swiss Arbitration Association,

891-489: The parties undertake to submit to arbitration. Chapter 2 of the Federal Arbitration Act sets forth the statutory basis for an American court to direct that arbitration be held. Under the New York Convention, Article III requires courts in contracting states to recognize international arbitral awards as binding and enforce them. Article V provides for seven reasons that a court can use to refuse to enforce

924-467: The parties. A presumption of confidentiality—whether implied or explicit—exists between the parties to an international commercial arbitration; however, there may be a disconnect between that presumption and the realities of disclosure and publicity imposed by the courts, arbitrators, and even the parties themselves. Most countries, especially in the developed world, are signatories of the New York Convention. Consequently, judgements can be enforced across

957-682: The publication of the ASA Bulletin, an arbitration quarterly, and of the ASA Special Series. The International Centre for the Settlement of Investment Disputes (ICSID) is an ad hoc tribunal established pursuant to UNCITRAL Rules to arbitrate International Investment Agreements and provide foreign investors with a means for redress against states for breaches of contract. The ICSID was designed so that it cannot be reviewed by domestic courts which in theory makes it more enforceable. However, state immunity to lawsuits and judgments poses

990-643: The same city. Those clauses generally empower the party commencing the arbitration to select the arbitral institution. A mnemonic device, "BLINC LLC", reflects some of the most important clauses: broad, law, institutional, number, costs, location, language, and carve-out. Several major international institutions and rule making bodies set out rules and appoint arbitrators. The most significant are: (International Center for Dispute Resolution) (ICDR) (ICSID) (CAM-CCBC) Other Important Institutions for Arbitration in North America are JAMS International,

1023-477: The state and approximately 31% in favour of the investor. Approximately 27% of the cases were settled. Arbitration has been used for centuries, including in antiquity, for the resolution of disputes between states and state-like entities. After a period of relative disuse, Jay's Treaty between the United States and Great Britain revived international arbitration as a means of resolving interstate disputes. The 1899 and 1907 Hague Conferences addressed arbitration as

American Arbitration Association - Misplaced Pages Continue

1056-519: The threat of force. The Mosul arbitration underscores how power dynamics and unequal treaties can undermine the effectiveness of international arbitration, leading to long-term instability and questioning the legitimacy of the arbitration process in such contexts. Hague Convention of 30 June 2005 on Choice of Court Agreements The Hague choice of court convention , formally the Convention of 30 June 2005 on Choice of Court Agreements ,

1089-522: The world. The New York Convention, more formally known as the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, provides for court recognition and enforcement of foreign arbitration decisions, allowing arbitration proceedings to piggyback on the authority of domestic jurisdictions across the world. In contrast, there is no equivalent treaty for the international recognition of court decisions with

#869130