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Sir consider two parties A(Country 1) and B ( country 2)
Sir i have some questions related to international commercial arbitration
1) If there is some problem with appointment of arbitrator it is given that in certain cases the parties can request relevant court or authority to take an action. For eg if A wants to request to relevant court or authority,is it mandatory that the relevant court or authority is of country 1 only or he / she can request in any of the states of the world who have enacted model law and have relevant court or authority??
2) The tribunal for arbitral decision should use rule of law agreed by parties. Again, is it mandatory that the rule of law must be of country 1 or 2….or any country??
3) For setting aside award,the party needs to apply to relevant court or authority….which state’s relevant court or authority…country 1 or 2 or the place where arbitration took place???
4) For enforcement or setting aside which court has the power to do it …..The parties’ domestic court or any court of the worldNow considering they both have their place of business in same state but place of arbitration in other state so it will be international commercial arbitration
1) For relevant court or authority….which countries relevant court or authority has the power to appoint or challenge the appointment of arbitrator based on model law ???
2) Considering arbitration took place in other state,for setting aside the award or enforcing the award, the party needs to apply to which state’s relevant court or authority …is it where there place of business is or place or arbitration or any other??Wow Krrish! That’s a whole lot of questions for a possible maximum 2 marks in an ACCA Law exam!
I’m going to feed you a link which I believe will answer all your questions. Clearly, if I’m wrong, post again and I’ll try again.
Here it is:
https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/arb-notes-e.pdf
Let me know 🙂
OK, try this site – it seems to be easier
https://www.acerislaw.com/laws-applicable-to-an-international-arbitration/
OK?
Sir almost understood but some doubt
1) If two parties have place of business in different states,and they have to enforce an award
Now in once state’s law it is enforceable and another one’s state has law which makes it non enforceable
My doubt is how the party will decide or what is the rule regarding in which court the award has to be enforced
Like if both party try to enforce the award in different states and one state enforces it and other one does not what will be the final case
Kindly help me outAnd one last one
1) If there is some problem with appointment of arbitrator it is given that in certain cases the parties can request relevant court or authority to take an action. For eg if A wants to request to relevant court or authority,is it mandatory that the relevant court or authority is of country 1 only or he / she can request in any of the states of the world who have enacted model law and have relevant court or authority??
And how will he A decide in which state he should request
Like if both A and another party B request in relevant court or authority of different state what will happen?The whole concept of arbitration is to enable a resolution to disputes between companies by a cheaper, quicker and more readily available resource than having to wait for (potentially) years until a Court slot becomes available.
In an ideal World, there would never be any disputes – but that’s unrealistic.
Less ideal would be where the parties involved foresaw the possibility of disputes arising and took pre-emptive steps to set out a means of resolving any future dispute.
In those pre-emptive steps, if properly formulated, there would be identification of the country in which the arbitration should take place and the laws of the country which are to be applied with reference to the enforcement of and appeal against and arbitrators’ decision.
In the event of non-proper formulation in that doors are left open for arguing against arbitration decisions, then the matter will possibly have to go to Court. And THAT’s what we were all trying to avoid!
Ah, but which Court? Who knows? Go to Country A Court system and you’ll lose. Go to Country B system and the other party will lose! So, we’re at a Mexican stand-off with no easy way out.
Call in the international lawyers on both sides and let them try to resolve it.
4 years and millions of pounds later you might have an answer. But you might not.
What IS certain is that the members of the international legal profession will be handsomely rewarded for coming up with an answer. Or not!
And you and the other party will be licking your wounds and asking your respective banks to advance you further credit until you can get your respective businesses back on a sound financial footing.
Krrish, I don’t know the answer to your questions. I don’t think that there IS any one definitive answer to any of your questions. You can go on ad infinitum with your ‘what if’s but I don’t think I’m going to get you any closer to your sought-after nirvana.
I’m genuinely sorry that I can’t simply answer with a series of ‘Yes’s and ‘No’s, but I can’t.
I hope that you can understand.
I would be ASTONISHED if such a question appeared in the ACCA’s law paper.
The paper is an examination in law for accountants. It is not an examination in law for lawyers!
In all my years in this profession I honestly do not recall ever seeing a question with such an unlikely scenario.
OK?
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