The paper contends that the role of the seat is far from settled. In the first place, there are competing theories of international arbitration, each according a different degree of importance to the seat of arbitration. Second, enforcement courts have taken contrasting approaches to the decisions at the seat of arbitration.
The seat of arbitration has essential practical importance in arbitration, and it directly determines a number of issues: arbitrability, determination of governing law, whether substantive, or.
The determination of the seat of arbitration is of great importance, due to its consequences on the arbitration procedure. In the International Chamber of Commerce (“ICC”) practice, cities as Paris, London, Geneva and Zurich are among the most popular arbitration seats.Arbitration is the process of resolving an argument outside the formal court system. An arbitrator listens to both parties and determines an agreement that is fairest to both parties. As a part of the hiring process, many employers are mandating voluntary arbitration agreements between the employee and the company as part of the application process for hiring.A “seat” or “place” of arbitration does not necessarily refer to where hearings will be held. It also does not necessarily reflect the law of a contract. But it typically provides the framework underlying the arbitration, giving courts of the seat supervisory jurisdiction over the proceedings.
Arbitration Awards, Enforcement, ICC Arbitration, International arbitration, New York Convention, Seat of the arbitration, Uncategorized, United Arab Emirates Recent ruling of Dubai Court of Appeal affirms UAE Courts’ practice to abide by the terms of the New York Convention.Read More
UNCITRAL Model Law on International Commercial Arbitration (“the Model Law”) 9. For ease of understanding, I have divided this paper into four parts. Part-I contains a critical analysis of the concepts of harmonization, methods to achieve harmonization and harmonization of national laws within ICA.Read More
Seat of arbitration assists in determining the curial law that would govern the arbitration proceedings. Prior to the Balco judgement, the law was clear that mere choice of a foreign seat will not exclude the applicability of Part I of the 1996 Act.Read More
Arbitration can be either voluntary or mandatory (although mandatory arbitration can only come from a statute or from a contract that is voluntarily entered into, where the parties agree to hold all existing or future disputes to arbitration, without necessarily knowing, specifically, what disputes will ever occur) and can be either binding or non-binding.Read More
This research paper aims to examine how national courts have interfered with the process of arbitration and whether arbitration can be effective on its own through an appellate arbitral tribunal. The effect of this study which proposes an appellate arbitral tribunal will, if implemented, will reinforce the confidence of states in the fast effective and final process of dispute resolution.Read More
Under Article VI of the New York Convention, enforcement of an arbitral award in any contracting state may be adjourned if the arbitral award is the subject of annulment proceedings in the courts of the seat of the arbitration.A court adjourning its decisions on enforcement under Article VI may order the party against whom enforcement is sought to give suitable security.Read More
Emilia Onyema, International Commercial Arbitration and the Arbitrator’s Contract, (Taylor and Francis Group 2010) Gary B. Born, International Commercial Arbitration: Commentary and Materials, 2nd edition (Kluwer Law International 2001) Gary B. Born, International Arbitration and Forum Selection Agreements: Drafting and Enforcing, 3rd Edition (Kluwer Law International 2010) Gloria Miccoili.Read More
INTERNATIONAL COMMERCIAL ARBITRATION: THE NEED FOR NATIONAL COURTS IN ARBITRATION. This research paper seeks to scrutinize how national courts has been made to aid international commercial arbitration and whether the courts have been supportive in making the arbitral process effective.. to be proved in the courts of the seat of.Read More
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