international arbitration custom papers (8 essays)

V .V .Veeder therefore justifies that if an international commercial arbitration meets the above objective , it does not matter rules of evidence are followed or not . Substance should triumph over form . The tendency in the International Commercial Arbitration (herein after referred to as ``ICA ) is to recognise the will of the parties regarding choice of law and procedure for conducting their arbitration , of course within limits . Thus party autonomy reigns supreme as one of the cardinal elements of ICA . In...

Further , the English courts , though willing to set aside awards granted by the arbitrators in instances of misconduct , are averse to pass judgement on the basis of a purely English standard akin to that of Bank Mellat v GAA . The impartiality and independence of arbitrators has long been recognized as the fundamental prerequisite for an enforceable arbitration award and the UNCITRAL Rules provide for the challenge and removal of an arbitrator against whom justified suspicions as to impartiality or independence...

In general , arbitral awards that pertain to the physical world can be enforced in a court of law by resorting to arbitration law of the state as well as international treaties for enforcing arbitral awards . An extremely important treaty in this context is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards or the New York Convention . In transactions dealing with cyberspace , it is essential to have in place some mechanism that will enforce judgments . This lack of...

International Commercial arbitration . It was also been selected as the main confidential as well as the main contributor in improving the global business process which were also very important in the global business . This does not only provide business that right and clear guidelines in performing business but also helps in streamlining the process to be conducted by the companies in the global perspective . In not to encounter these arbitration processes or be involved in the non-compliance to international business...

Claimant will in general suggest the name of the Arbitrator . In such scenario , the Respondent can either accept or decline the appointment of the proposed arbitrator . If consensus between the parties cannot be arrived at on that particular individual or any other person , then such situation is known as a fallback position . In the case of fallback position , the party who wants to go ahead with the Arbitration process will request the appointing authority which is described in the Arbitration...

Ad hoc arbitration vs institutional arbitration Ad hoc arbitration arises when parties who have previously agreed to arbitration look outside ``established administrative bodies ' to arbitrate over their dispute . This method of arbitration is typically chosen as a means of reducing time and saving costs . Administrative bodies generally publish fees for administrative as well as arbitration rules . It also stands to reason that with a sole arbitrator or an ad hoc panel has fewer administrative duties and protocol than an institutional...

Thirdly , the multi-jurisdictional method of online transactions is such that it is often difficult to agree on the applicable forum for resolving a dispute . The fact is , ``traditional dispute resolution ' methods require identifying the applicable and appropriate forum . Arbitration takes alternative dispute resolution away from ``litigation and the courts ' Online dispute resolution takes the process even further a field since it is a process of alternative dispute resolution in cyberspace or in the virtual world as opposed to the real...

If so , can an appellate process provide consistency , correctness and certainty any better than arbitration can ? These questions are entirely relevant to making a case either for or against the introduction of an appellate process for investor-state arbitration and will be fully explored in the pages that follow . Trends toward the implementation of an Appellate Process in Investor-State Arbitration In the ongoing debate over finality over correctness , certainty and consistency , it is argued that the finality of arbitration is only...