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Understanding International Arbitration
\"Understanding International Arbitration introduces students to the primary concepts necessary for an understanding of arbitration, making use of illustrative case examples and references to legal practice throughout. This text offers a comprehensive overview of the subject for those new to arbitration. Making use of a unique two-part structure in each chapter, Understanding International Arbitration provides a clear and simple statement of rules, followed by detailed discussion of the ideas underlying those rules, illustrated with relevant comparative law and case examples. Designed with students of arbitration in mind, this text provides both a clear introduction to the subject and a comprehensive course text that will support students in their preparation for exams and practical assessments.\" -- Backside cover.
Book
Third Party Funding Issues in the Arbitration and Mediation Act Against Commercial Prospects in Nigeria
p class=\"MsoNormal\"The Arbitration and
Mediation Act 2023 (The Act) was enacted to introduce an arbitration regime in
Nigeria consistent with global best practices with a view to enhancing trade
and commercial engagements within and across borders. An interesting innovation
in the Act is the permission of Third-Party Funding (TPF) of arbitrations as
well as the abolishing of the common law torts of champerty and maintenance.
This paper examines the scope of TPF with the aim of establishing its
implications for commercial practice and integration in Nigeria. With a
doctrinal approach, it finds that the Act fails to address issues of control,
conflict of interest, confidentiality, and disclosures all of which are
identified in the paper to be possible challenges associated with TPF
agreements. The paper therefore concludes that while the old Arbitration and
Conciliation Act may have been improved on, more efforts are required to
balance the interest of parties engaged in arbitration over a commercial
dispute in the area of TPF. It recommends for a more detailed legislation that
will specifically address the peculiar features of TPF in Nigeria for a wider
commercial prospect.o:p/o:p
Journal Article
The Comparative Law Research of Remission in Arbitration
Introduction: the institute of remission has only received significant development since 2016 with the adoption of the arbitration reform and the introduction of appropriate changes concerning remission. To date, the legal framework for the procedure for the return of the state court in case of finding serious shortcomings of the arbitration decision has not been fully formed. The purpose of the study: to analyze the remission in the arbitration court after the state court has returned the arbitration decision to correct significant shortcomings. Relevance: the importance and relevance of the work are since the regulations of Russian arbitration institutions do not have provisions on remission. The regulations of foreign arbitration institutions only contain a reference to remission, but do not disclose in detail the conduct of this procedure. At the same time, the institute of remission plays a significant role in arbitration proceedings. The number of applications to this procedure in foreign countries, as well as the beginning of its development in Russia, emphasizes the need and relevance of the study. Methods: in the paper, the research methodology includes the general scientific methods of cognition, specific scientific methods, and special legal methods, the comparative method of analyzing the rules of arbitration institutions is used, and the systematic method is used to determine the formation of the former composition of the arbitration or the new one. Results: the rules of the relevant arbitration institution should be considered as the applicable rules for remission. As a general rule, remitted issues are considered by the same panel of arbitrators that previously made the relevant award. The validity of the arbitrators’ mandate depends on the relationship between the remitted issues and the arbitration decision. The arbitration refusal of remission must be justified. Based on the results of remission, a new decision or an additional one may be made. Conclusions: the institution of remission is important, as it allows you to effectively and quickly correct significant shortcomings while avoiding the cancellation of the arbitration decision, and preserve the partnership of the parties. Based on the analysis and the conclusions drawn, the authors’ own rules are formulated, which can be included in the rules of arbitration institutions.
Journal Article
The Role of the Court in Proving Criminal Cases: Unexpected Cross-Industry Analogies
Introduction: consideration of the issue of truth in criminal proceedings is replaced by the issue of the active role of the court in collecting evidence. Avoiding rhetorical questions allows the discussion to be redirected from an ideological framework to a legal one. The purpose of the work is to identify the patterns of litigation of different branches of procedural law related to the participation of state bodies in the case in defense of a large public interest. It is assumed that the high interest of the authorized state bodies in making judgments in their favor in criminal cases and in arbitration tax cases leads to the same type of legal phenomena in these different proceedings. The determining method of the research was the method of comparative jurisprudence. Also, the study used the methods of historicism, system-structural analysis and synthesis. Results: on the example of criminal and arbitration tax cases, an adjustment of procedural law and its application to the needs of state bodies was found to facilitate their winning cases. This is manifested at the level of the introduction of “special” rules that facilitate proof for tax and law enforcement agencies. The period of work of the tax authorities without such adjustment was distinguished by an explosive growth in its quality. Conclusions: true adversarial nature allows government agencies to improve the level of their work in terms of proving the legally significant circumstances of court cases. The rejection of adversariality, replacing it with the active role of the court, entails the redistribution of part of the burden of proof to it, which has far-reaching negative consequences for the quality of justice in the categories of cases under consideration in general.
Journal Article
The Cambridge companion to international arbitration
\"The Cambridge Companion to International Arbitration is an admirably ambitious and valuable book. Within the space of a single (if substantial) volume, it aims to cover and to discuss all aspects of the different forms of international arbitration, an expression which includes international commercial arbitration, foreign investor-State arbitration, inter-State arbitration and intra-State arbitration\"-- Provided by publisher.
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