| 1. |
- Alford, R. P., et al.
(författare)
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Empirical Analysis of National Courts Vacatur and Enforcement of International Commercial Arbitration Awards
- 2022
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Ingår i: Journal of International Arbitration. - : Kluwer Law International BV. - 0255-8106 .- 2212-182X. ; 39:3, s. 299-329
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Tidskriftsartikel (refereegranskat)abstract
- The empirical research in this article relies on a data set including all national court decisions on recognition, enforcement and setting aside (vacatur) of international commercial arbitration awards available in the Kluwer database that were rendered from 1 January 2010 to 1 June 2020. Within the time parameters of this study, there were 504 vacatur actions and 553 offensive recognition and enforcement actions. Those decisions were rendered by national courts in 74 different jurisdictions. The research coded every argument raised by defendants challenging the recognition and enforcement of awards based on grounds set forth in Article V of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as well as every argument raised by claimants to challenge awards based on the grounds set forth in Article 34 of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. In addition to these grounds, several others, outside the two instruments mentioned above, have been identified in the data set. The results of the research are presented in the article below. An overarching conclusion would be that courts overwhelmingly enforce foreign arbitration awards, in 73% of the cases in the data set, without significant variations between courts in various jurisdictions, and, respectively, overwhelmingly refuse to vacate arbitral awards, with courts vacating in only 23% of cases, again without significant variations between courts in various jurisdictions.
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| 2. |
- Álvarez Zárate, José Manuel, et al.
(författare)
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Duration of Investor-State Dispute Settlement Proceedings
- 2020
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Ingår i: Journal of World Investment & Trade. - : Brill. - 1660-7112 .- 2211-9000. ; 21:2-3, s. 300-335
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Tidskriftsartikel (refereegranskat)abstract
- Speed is often touted as an advantage of arbitration. In recent years, however, some have worried that investment arbitration risks losing this advantage. Concerns about the length of investor-State dispute settlement (ISDS) proceedings have also been raised in the discussion about IS DS reform. This article analyses the duration of IS DS proceedings applying a data-centric approach and evaluates the impact of proposed ISDS reforms on the duration of proceedings. After some terminological clarifications on when proceedings are 'excessively' long, the article sets out the evidence on the length of proceedings using several data-sets. As a comparator, we present data on the length of World Trade Organization (WTO) proceedings, even though we urge caution as to the usefulness of such a comparator. The article then discusses the impact of various reform proposals on the duration of proceedings, namely improving ISDS, adding an appellate mechanism, establishing a multilateral investment court and abolishing ISDS.
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| 3. |
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| 4. |
- Baltag, Crina
(författare)
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Access to Justice in Investment Arbitration and Non-disputing Party Participation
- 2020
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Ingår i: Access to Justice in Arbitration: Concept, Context and Practice. - Alphen aan den Rijn : Kluwer Law International. - 9789403506913 ; , s. 107-120
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Bokkapitel (refereegranskat)abstract
- The past years have witnessed the beginning of a complex reform of investor-State dispute settlement (ISDS) system, with various developments taking place at various levels of the system. The purpose of this chapter is to instil a debate as to whether the real evolution in investment law and ISDS, based, in particular, on the discussions in the UNCITRAL Working Group III, is towards a regulation of investments, departing thus from the original purpose of the system, that of promotion and protection of investments. If we are witnessing such shift – or we incentivize it – then, the discussion regarding the access to justice in investment law and ISDS is timely. For the purpose of this chapter, the author will not explore the access to justice for investors and States, but it will focus on the issue of access to justice and non-disputing parties – amici curiae – in investment law and arbitration.
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| 5. |
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| 6. |
- Baltag, Crina, et al.
(författare)
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APPLICABLE LAW TO ARBITRATION AGREEMENT AND NO ORAL MODIFICATION CLAUSE : CASE NOTE ON THE DECISION OF THE ENGLAND AND WALES COURT OF APPEAL, 20 JANUARY 2020
- 2020
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Ingår i: Contemporary Asia arbitration journal. - 1999-9747. ; 13:2, s. 479-500
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Tidskriftsartikel (refereegranskat)abstract
- On Jan. 20, 2020, the Court of Appeal of England and Wales refused the enforcement and recognition of an International Chamber of Commerce Award as a judgment rendered in the case of Kabab-Ji S.A.L. (Lebanon) against Kout Food Group of Kuwait. The Court of Appeal found that under the English law governing the arbitration agreement, the judge in the High Court should have made a final determination that Kout Food Group of Kuwait was not a party to the main contract in dispute, nor to the arbitration agreement, hence the Award was not enforceable against it under section 103(2) of the English Arbitration Act 1996. This Case Note discusses the factual background of the arbitration, the findings of the High Court and those of the Court of Appeal with respect to the Award, as well as the implications for determining the law governing the arbitration agreement and the effect of no oral modification clauses on non-signatories to an arbitration agreement under English law.
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| 7. |
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| 8. |
- Baltag, Crina
(författare)
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Article 8.26. Third-Party Funding
- 2022
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Ingår i: CETA Investment Law. Article-by-Article Commentary. - : Nomos Verlagsgesellschaft. - 9783748902133 ; , s. 409-424
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Bokkapitel (refereegranskat)
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| 9. |
- Baltag, Crina
(författare)
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Article V(1)(e) of the New York Convention : To Enforce or Not to Enforce Set Aside Arbitral Awards?
- 2022
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Ingår i: Journal of International Arbitration. - : Kluwer Law International BV. - 0255-8106 .- 2212-182X. ; 39:3, s. 397-410
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Tidskriftsartikel (refereegranskat)abstract
- The recognition and enforcement of arbitral awards which are set aside at the seat continues to be a ‘hot’ topic, triggered by the increasing number of cases in which the prevailing party in the arbitration attempts to enforce such award in various jurisdictions where the assets of the award debtor are located. Such jurisdictions may have different approaches to the application of Article V(1)(e) of theNew York Convention providing for the possibility that courts refuse recognition and enforcement of arbitral awards already set aside. Kluwer Research confirms, that, first, this ground under Article V(1)(e), while the most successfully argued ground under Article V of the New York Convention, is only upheld in 34% of the cases, and that, second, there are diverse approaches of the national courts in assessing such ground, ranging from deference to the courts of the seat of arbitration, to a truly delocalized, transnational approach to the recognition and enforcement of awards.
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| 10. |
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