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The article addresses a current WTO dispute between the United States and the European Communities on selected customs matters. The article discusses the necessity for a uniform WTO agreement on trade facilitation, as well as analyzes the apparent inconsistency between the General Agreement on...
Persistent link: https://www.econbiz.de/10014050504
This paper gives an overview of the annulment (setting-aside) mechanism in international commercial arbitration. It explores the 'prevailing consensus' on the annulment criteria in the UNCITRAL Model Law and some of the more common deviations from such consensus present in contemporary national...
Persistent link: https://www.econbiz.de/10014194752
A detailed comparison in spreadsheet format of the arbitration rules of the International Institute for Conflict Prevention and Resolution (CPR), the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), the London Court of International Arbitration...
Persistent link: https://www.econbiz.de/10014217094
the world, including common law jurisdictions such as England, contracts are policed almost exclusively by statutory …
Persistent link: https://www.econbiz.de/10014221302
Although designed to resolve private disputes, usually commercial in nature, arbitration may nevertheless encounter during its course allegations of impropriety and criminal behaviour. In the context of international commercial arbitration, the most common of those are allegations of bribery....
Persistent link: https://www.econbiz.de/10014158775
The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...
Persistent link: https://www.econbiz.de/10013036880
International treaties therefore have priority over provisions of domestic origin (domestic lex arbitri). This mainly concerns two conventions, namely the New York Convention (1958) and the European Convention on International Commercial Arbitration (1961). In the field of international...
Persistent link: https://www.econbiz.de/10012980715
This article examines the impact permissive procedures have on an arbitrator's ability to maintain order. The suggestion made is that the new rules offer nothing that isn't already available by judicial decree. While the effort to assist the arbitrator is laudable, no administrator can go...
Persistent link: https://www.econbiz.de/10012987767
Security for costs is one of those areas where both common law and civil law arbitration practice have much to learn from each other. In this article, I seek to present the existing legal rules surrounding security for costs in the international arbitration arena. However, it is not possible in...
Persistent link: https://www.econbiz.de/10012916385
Switzerland), as well as the main Anglophonic jurisdictions traditionally viewed as main players in the common law world in the …
Persistent link: https://www.econbiz.de/10013238108