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Penerapan Pembatalan Putusan Arbitrase Internasional Dalam Persektif Hukum Di Indonesia (Studi Putusan Kasasi Nomor : 219b/Pdt.Sus.Artb/2016), Habib Hasan Dec 2022

Penerapan Pembatalan Putusan Arbitrase Internasional Dalam Persektif Hukum Di Indonesia (Studi Putusan Kasasi Nomor : 219b/Pdt.Sus.Artb/2016), Habib Hasan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Article 66 letter (a) of Law No. 30 of 1999 concerning Arbitration and Dispute Resolution specifies "International Arbitration Award is handed down by an arbitrator or arbitral tribunal in a country with which the State of Indonesia is bound by an agreement, both bilaterally and multilaterally, regarding the recognition and implementation of the International Arbitration Award. This writing is the writing of normative juridical law using a statutory approach and a case approach. Using secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the writing can be concluded: (1) Article …


International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck Dec 2019

International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck

Articles in Law Reviews & Other Academic Journals

Privilege determinations in international arbitration are currently the equivalent of the “wild west,” with minimal predictability and massive pockets of tribunal discretion. Yet protecting privilege in international arbitration — when the same document or communications with lawyers that is protected by United States law may receive no protection under another law — is fundamental to safeguarding attorney-client relationships within a global environment, incentivizing procedural integrity of dispute resolution, and ensuring that justice is done. As it is not clear what law applies to privilege and client confidentiality (let alone how the law is determine), this Essay begins to bridge the …


Profile: Judge George H. Aldrich, Nancy Amoury Combs Sep 2019

Profile: Judge George H. Aldrich, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Houston, We Have An Arbitration: International Arbitration’S Role In Resolving Commercial Aerospace Disputes, Carson W. Bennett May 2019

Houston, We Have An Arbitration: International Arbitration’S Role In Resolving Commercial Aerospace Disputes, Carson W. Bennett

Pepperdine Dispute Resolution Law Journal

This article explores the complimentary nature between the burgeoning private aerospace industry and international arbitration, as well as detailing how it could be advantageous to resolve these aerospace disputes in California. Part II outlines the new space race. It begins with the Ansari XPrize and follows some of the industry’s most significant developments. Part III explores the benefits of arbitration and how the characteristics of international arbitral proceedings cater to the common concerns of aerospace companies. Part IV catalogues the initiatives arbitral institutions have taken to customize an arbitration for aerospace disputes. This article argues that a specialized institution could …


The Applicability Of Economic Sanctions To The Merits In International Arbitration Proceedings: With A Focus On The Dynamics Between Public International Law Principles, Private International Law Rules And International Arbitration Theories, Taejoon Ahn Apr 2018

The Applicability Of Economic Sanctions To The Merits In International Arbitration Proceedings: With A Focus On The Dynamics Between Public International Law Principles, Private International Law Rules And International Arbitration Theories, Taejoon Ahn

Pepperdine Dispute Resolution Law Journal

No abstract provided.


A Case Of Motivated Cultural Cognition: China's Normative Arbitration Of International Business Disputes, Pat K. Chew Jan 2018

A Case Of Motivated Cultural Cognition: China's Normative Arbitration Of International Business Disputes, Pat K. Chew

Articles

The centuries-old conception of judges and arbitrators as highly predictable and objective is being dismantled. In its place, a much more textured, complicated, and challenging understanding of legal decision-making is being constructed. New research on “Motivated Cognition” demonstrates that judges and arbitrators are more human than mechanical, pouring themselves – and the cultural and institutional contexts within which they act – into their decision making. This article extends the emerging model of Motivated Cultural Cognition, a form of Motivated Cognition, to the global stage, investigating arbitration of business disputes between two world-powers: United States and China. Through a first-of-its-kind empirical …


Soft Law And Transnational Standards In Arbitration: The Challenge Of Res Judicata, William W. Park Aug 2017

Soft Law And Transnational Standards In Arbitration: The Challenge Of Res Judicata, William W. Park

Faculty Scholarship

In international proceedings, a transnational “soft law” often finds expression in rules, guidelines and canons of professional associations which serve to supplement the “hard law” of national statutes and court decisions. Memorializing the experience of those who sit as arbitrators or serve as counsel, such standards contain a degree of circularity, in that relevant norms both derive from and apply to cross-border arbitration. Neither the nature nor the limits of “soft law” always present themselves with clarity. Often the litigants’ agreement fails to provide standards on controverted questions whose answers fall beyond common practice. In such instances, the integrity of …


Opening The Red Door To Chinese Arbitrations: An Empirical Analysis Of Cietac Cases (1990-2000), Pat K. Chew Jan 2017

Opening The Red Door To Chinese Arbitrations: An Empirical Analysis Of Cietac Cases (1990-2000), Pat K. Chew

Articles

This article reveals evidence-based details of the China International Economic and Trade Arbitration Commission (CIETAC) arbitral proceedings (1990-2000), allowing unprecedented insights into Chinese international business arbitration. It begins by confirming the prominence of Chinese foreign trade and foreign investment in the global economy and CIETAC’s critical role in securing that prominence. Among other results, the empirical study of CIETAC awards finds: (i) the parties were of diverse nationalities, most commonly with disputes between a Chinese party and a foreign party; and (ii) the majority of cases were sales and trade disputes, although a sizable number were investment/joint venture disputes. Regarding …


International Arbitration Rules And Their Effect On The Merits Of Energy Sector Disputes, Brian Abbas Dec 2014

International Arbitration Rules And Their Effect On The Merits Of Energy Sector Disputes, Brian Abbas

Brian Abbas

International Arbitration Rules and Their Effect on the Merits of Energy Sector Disputes Many countries around the world rely on the energy sector for industry, national security, mobility, economy, and countless other benefits. The importance of the energy sector makes disputes likely and necessitates dispute resolution mechanisms. Through International Investment Agreements (IIAs), arbitration has become an integral part of the dispute resolution process in international energy sector disputes. Thus, understanding the arbitration rules and how choosing one set of rules can affect the outcome of an international energy sector dispute becomes an important task. The most prevalent arbitration rules are …


Keynote Address: Arbitration And The Freedom To Associate, Gary B. Born Sep 2014

Keynote Address: Arbitration And The Freedom To Associate, Gary B. Born

Georgia Journal of International & Comparative Law

No abstract provided.


Preserving Negotiation Whilst Promoting Global Order: Should We Bargain With Salt-Water Devils?, Lucas Bento Jul 2014

Preserving Negotiation Whilst Promoting Global Order: Should We Bargain With Salt-Water Devils?, Lucas Bento

Lucas Bento

This Article utilizes theories of negotiation to assess whether negotiating with pirates is sound policy, and argues for a solution that maximizes the interests of all stakeholders without compromising important policy-based considerations.


Soft Law And The Principle Of Fair And Equitable Decisionmaking In International Contract Arbitration, Larry Dimatteo Nov 2013

Soft Law And The Principle Of Fair And Equitable Decisionmaking In International Contract Arbitration, Larry Dimatteo

Larry A DiMatteo

This article provides a survey of the special relationship between international commercial arbitration and soft law instruments. It briefly traces the historical roots of the lex mercatoria to its present enunciation in the Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts. It discusses the characteristic of the hardness and softness of laws in an international commercial law context. The CISG is studied not only as a hard law, but also as an example of soft law. The affinity between soft law and international commercial arbitration is explored, as well as …


Time To Join The “Bit Club”? Promoting And Protecting Brazilian Investments Abroad, Lucas Bento Aug 2013

Time To Join The “Bit Club”? Promoting And Protecting Brazilian Investments Abroad, Lucas Bento

Lucas Bento

The growing internationalization of Brazilian organizations calls for a greater array of investment protections available to them, particularly as they weave through an increasingly competitive and uncertain global economy. This article argues that the Brazilian government should consider ratifying BITs so as to provide greater protections to its own – domestic – investors.


Trips And Bits: An Essay On Compulsory Licenses, Expropriation, And International Arbitration, Peter B. Rutledge Jun 2012

Trips And Bits: An Essay On Compulsory Licenses, Expropriation, And International Arbitration, Peter B. Rutledge

Scholarly Works

This essay examines the potential for arbitration to resolve disputes between private companies and developing countries over the propriety of compulsory licenses. At bottom, my thesis is that arbitration supplies the medium through which to mediate the tension between the profit-seeking goals of private multinational companies and the development goals of foreign nations, especially in the developing world. The compulsory license debate raises a clash of fundamental interests between the patent holder, the patent holder’s state, and the host state. Arbitration can play an important role in balancing those interests, albeit a highly unusual one. Arbitration provides an essential forum …


Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln Jan 2012

Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln

Ryan S. Lincoln

The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …


Frivolous Claims In International Adjudication: A Study Of Icsid Rule 41(5) And Of Procedures Of Other Courts And Tribunals To Dismiss Claims Summarily, Michele Potestà, Marija Sobat Jan 2012

Frivolous Claims In International Adjudication: A Study Of Icsid Rule 41(5) And Of Procedures Of Other Courts And Tribunals To Dismiss Claims Summarily, Michele Potestà, Marija Sobat

Michele Potestà

The 2006 amendments to the ICSID Arbitration Rules have introduced a new provision within the ICSID framework – Rule 41(5) – which allows a party to raise, in limine limis, an objection that a claim is ‘manifestly without legal merit’. Such a rule, intended to root out frivolous claims at the outset of the proceedings, knows parallels and antecedents in other dispute settlement fora. This article thus first provides an overview of procedures to summarily dismiss frivolous claims in both individual-state dispute settlement mechanisms other than investment arbitration (such as human rights courts) and state-to-state dispute settlement mechanisms (the ICJ …


The Interpretation Of Consent To Icsid Arbitration Contained In Domestic Investment Laws, Michele Potestà Jan 2011

The Interpretation Of Consent To Icsid Arbitration Contained In Domestic Investment Laws, Michele Potestà

Michele Potestà

Consent to ICSID jurisdiction may be given in different ways. One option is for the host state to offer its consent to ICSID by way of its national legislation. The aim of this article is to discuss how a domestic provision granting jurisdiction to ICSID ought to be interpreted. The article first describes the requirements for consent to ICSID arbitration and examines the specific challenges posed by domestic law clauses that grant jurisdiction to ICSID. It then analyses consent clauses contained in investment laws of several states, with reference to relevant arbitral decisions. Finally, it turns to the issue of …


Les Devoirs De L'Arbitre: Ni Un Pour Tous, Ni Tous Pour Un, William W. Park Jan 2011

Les Devoirs De L'Arbitre: Ni Un Pour Tous, Ni Tous Pour Un, William W. Park

Faculty Scholarship

Fans of the Alexandre Dumas novel Three Musketeers will remember that the adventure includes a fourth young man, d'Artagnan, who hopes to become one of the King’s guards, along with his friends Athos, Porthos, and Aramis, living by the motto “All for one, one for all”. Likewise, an arbitrator’s generally include four key obligation: accuracy, fairness, and efficiency, as well as vigilance in promoting an enforceable award. Prevailing litigants normally hope that the arbitral process will lead to something more than a piece of paper. To this end, they expect arbitrators to avoid giving reasons for annulment or non-recognition to …


"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan Jan 2011

"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan

Scholarly Works

No abstract provided.


Bilateral Investment Treaties And The European Union. Recent Developments In Arbitration And Before The Ecj, Michele Potestà Jan 2009

Bilateral Investment Treaties And The European Union. Recent Developments In Arbitration And Before The Ecj, Michele Potestà

Michele Potestà

The issue of the relationship between Bilateral Investment Treaties (BITs) and the EU legal order has recently attracted attention amongst scholars and practitioners in the field of international investment arbitration. Under a first perspective of the problem, the Arbitral Tribunal in Eastern Sugar B.V. v. The Czech Republic was confronted with the question of whether there was any room left for BITs between EU Member States. The Tribunal discussed the legal arguments advanced for and against the applicability of such “intra-EU BITs” between Member States. The issue, which is particularly relevant considering that there are currently more than 190 BITs …


Il Caso Eastern Sugar: Accordi Bilaterali Sugli Investimenti, Unione Europea E Diritto Comunitario, Michele Potestà Jan 2008

Il Caso Eastern Sugar: Accordi Bilaterali Sugli Investimenti, Unione Europea E Diritto Comunitario, Michele Potestà

Michele Potestà

No abstract provided.


The Procedural Soft Law Of International Arbitration, William W. Park Jan 2006

The Procedural Soft Law Of International Arbitration, William W. Park

Faculty Scholarship

The conference organizers set me the daunting task of exploring arbitration's “non-national instruments,” which is to say the guidelines of professional groups and non-governmental organizations related to evidence, conflicts of interest, ethics and the organization of arbitral proceedings. Frequently these procedural standards build on the lore of international dispute resolution as memorialized in articles, treatises and learned symposium papers. These guidelines represent what might be called “soft law,” in distinction to the harder norms imposed by arbitration statutes and treaties, as well as the procedural framework adopted by the parties through choice of pre-established arbitration rules.

The growth of procedural …


Profile: Judge George H. Aldrich, Nancy Amoury Combs Jan 2005

Profile: Judge George H. Aldrich, Nancy Amoury Combs

Faculty Publications

No abstract provided.


Why Courts Review Arbitral Awards, William W. Park Jan 2001

Why Courts Review Arbitral Awards, William W. Park

Faculty Scholarship

Judicial review of arbitral awards constitutes a form of risk management. In most countries courts may vacate decisions of perverse arbitrators who have ignored basic procedural fairness, as well as those of alleged arbitrators who have attempted to resolve matters never properly submitted to their jurisdiction. In some countries judges may also correct legal error or monitor an award's consistency with public policy.

Public scrutiny of arbitration is inevitable at the time of award recognition. Judges can hardly ignore the basic fairness of an arbitral proceeding when asked to give an award res judicata effect by seizing assets or staying …


Duty And Discretion In International Arbitration, William W. Park Jan 1999

Duty And Discretion In International Arbitration, William W. Park

Faculty Scholarship

International arbitration implicates complex relationships between the law of the place of arbitration and the law of the country where the parties' assets are located. The interaction of these legal orders has been highlighted by cases recognizing foreign awards notwithstanding their vacatur at the arbitral situs. The author examines the extent to which enforcement of vacated awards comports with the parties' expectations and arbitration's treaty framework. This Article suggests that the United States enact a statute clarifying the role and scope of federal judicial supervision of international commercial arbitration.


Enforcement Of Arbitral Awards Issued By The Additional Facility Of The International Centre Of Settlement Of Investment Disputes (Icsid), Diane Orentlicher Jan 1985

Enforcement Of Arbitral Awards Issued By The Additional Facility Of The International Centre Of Settlement Of Investment Disputes (Icsid), Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.