Arbitration
Arbitration is a private dispute resolution process in which parties agree to submit their disputes to one or more arbitrators whose decision is binding. It offers an alternative to litigation and is widely used in commercial, labor, and international disputes. This category covers arbitration agreements, procedure, enforcement of awards, and the New York Convention framework.
Arbitration Agreements
Introduction Arbitration agreements are contracts requiring parties to resolve disputes through private arbitration rather than litigation. Under the Federal Arbitration Act (FAA), arbitration …
Arbitration Awards and Challenges
Introduction The arbitration award is the final determination by the arbitral tribunal of the issues submitted to arbitration. Under the Arbitration Act 1996, the award is final and binding on the …
Arbitration in Brazil
Introduction Arbitration in Brazil (arbitragem) is regulated by Law 9.307/1996 (the Brazilian Arbitration Act), which established the modern legal framework for domestic and international arbitration. …
Arbitration in Mexico
Introduction Commercial arbitration in Mexico is governed by Articles 1415 to 1480 of the Commerce Code (Código de Comercio), which are based on the UNCITRAL Model Law on International Commercial …
Arbitration in Nigeria
Introduction Arbitration in Nigeria is governed primarily by the Arbitration and Conciliation Act (ACA) Cap A18, Laws of the Federation of Nigeria 2004, which is modeled on the UNCITRAL Model Law on …
Arbitration in South Africa
Introduction Arbitration in South Africa provides a well-established system for the resolution of disputes outside the traditional court system. Governed by the Arbitration Act 42 of 1965 for domestic …
Arbitration in South Korea
Introduction South Korea has developed into a prominent arbitration hub in East Asia, supported by a modern legal framework, a well-established arbitral institution, and a judiciary that demonstrates …
Arbitration Law and Practice in Australia
Introduction Arbitration in Australia is a widely used method of alternative dispute resolution. The legal framework is based on the UNCITRAL Model Law on International Commercial Arbitration, which …
Arbitration Law and Practice in Brazil
Introduction Arbitration in Brazil is a widely used method of alternative dispute resolution. The legal framework is based on the UNCITRAL Model Law on International Commercial Arbitration, which …
Arbitration Law and Practice in Canada
Introduction Arbitration in Canada is a widely used method of alternative dispute resolution. The legal framework is based on both domestic arbitration legislation and the UNCITRAL Model Law, which …
Arbitration Law and Practice in Japan
Introduction Arbitration in Japan is a widely used method of alternative dispute resolution. The legal framework is based on the UNCITRAL Model Law on International Commercial Arbitration, which …
Arbitration Law and Practice in Mexico
Introduction Arbitration in Mexico is a widely used method of alternative dispute resolution. The legal framework is based on the UNCITRAL Model Law on International Commercial Arbitration, which …
Arbitration Law and Practice in Nigeria
Introduction Arbitration in Nigeria is a widely used method of alternative dispute resolution. The legal framework is based on both domestic arbitration legislation and the UNCITRAL Model Law, which …
Arbitration Law and Practice in South Africa
Introduction Arbitration in South Africa is a widely used method of alternative dispute resolution. The legal framework is based on the UNCITRAL Model Law on International Commercial Arbitration, …
Arbitration Law and Practice in South Korea
Introduction Arbitration in South Korea is a widely used method of alternative dispute resolution. The legal framework is based on the UNCITRAL Model Law on International Commercial Arbitration, which …
Arbitration Law in Australia
Introduction Australia has developed a sophisticated and arbitration-friendly legal framework that distinguishes between international commercial arbitration (governed by the International Arbitration …
Arbitration Law in Canada
Introduction Arbitration law in Canada operates at the intersection of domestic and international legal frameworks. Canada is a federation in which both the federal Parliament and the provincial …
Arbitration Law in Japan
The Arbitration Act 2003 Japanese arbitration law is governed by the Arbitration Act (Chūsai Hō, Law No. 138 of 2003), which entered into force on 1 March 2004. The Act was enacted to replace the …
Chinese Arbitration Institutions
Introduction China’s arbitration landscape is dominated by institutional arbitration, with several major arbitration commissions providing dispute resolution services for domestic and …
Chinese Arbitration Law
The Arbitration Law 1994 The Arbitration Law of the People’s Republic of China, adopted in 1994 and effective from 1995, is the principal legislation governing domestic and foreign-related …
Class Action Waivers in Arbitration
Introduction Class action waivers in arbitration agreements prohibit parties from bringing claims on a representative basis in any forum, requiring that all disputes be resolved through individual …
Domestic Arbitration in France
Legal Framework Domestic arbitration in France is governed by Articles 1442 to 1527 of the Code de procédure civile (CPC), as reformed by Decree No. 2011-48 of 13 January 2011. The law draws a clear …
Enforcement of Arbitral Awards in China
Domestic vs Foreign Awards Chinese law distinguishes between domestic arbitral awards, foreign-related awards, and foreign awards for enforcement purposes. Domestic awards are rendered by Chinese …
EU Arbitration Law
The Limited Express Competence of the EU in Arbitration The European Union has no express legislative competence over arbitration in the Treaties, and arbitration has historically been treated as a …
EU Investment Arbitration
Intra-EU BITs and the Achmea Judgment The relationship between EU law and international investment arbitration was fundamentally transformed by the Court of Justice’s judgment in Slovak Republic …
Federal Arbitration Act
Introduction The Federal Arbitration Act (FAA) , codified at 9 USC §§ 1-16, establishes the federal policy favoring enforcement of arbitration agreements. Enacted in 1925, the FAA was intended to …
French Arbitration Law
The 2011 Reform and the Code of Civil Procedure French arbitration law is governed by Articles 1442 through 1527 of the Code of Civil Procedure (Code de procédure civile, CPC), as comprehensively …
German Arbitration Law
Book 10 of the Code of Civil Procedure German arbitration law is governed by Book 10 of the Code of Civil Procedure (Zivilprozessordnung, ZPO), §§ 1025–1066, enacted in the 1998 reform that …
German Arbitration Procedure
Book 10 of the ZPO German arbitration law is codified in Book 10 of the Code of Civil Procedure (Zivilprozessordnung, ZPO), Sections 1025-1066, enacted in 1998 based on the UNCITRAL Model Law on …
International Arbitration in Australia
Introduction International arbitration in Australia is a preferred method for resolving cross-border commercial disputes. The legal framework ensures that Australia is a reliable seat for …
International Arbitration in Brazil
Introduction International arbitration in Brazil is a preferred method for resolving cross-border commercial disputes. The legal framework ensures that Brazil is a reliable seat for international …
International Arbitration in Canada
Introduction International arbitration in Canada is a preferred method for resolving cross-border commercial disputes. The legal framework ensures that Canada is a reliable seat for international …
International Arbitration in China
China has developed a sophisticated international arbitration regime governed by the Arbitration Law (Zhongcai Fa, 仲裁法, 1994, revised 2017) and supported by major arbitral institutions, including the …
International Arbitration in France: Lex Arbitri, ICC, and Paris as a Seat
France is one of the world’s leading jurisdictions for international arbitration, with Paris serving as a premier seat for arbitral proceedings. French arbitration law is codified in the Code de …
International Arbitration in Japan
Introduction International arbitration in Japan is a preferred method for resolving cross-border commercial disputes. The legal framework ensures that Japan is a reliable seat for international …
International Arbitration in London
Introduction London is one of the world’s leading centres for international arbitration, alongside Paris, Singapore, Hong Kong, and Geneva. The city’s pre-eminence reflects the combination …
International Arbitration in Mexico
Introduction International arbitration in Mexico is a preferred method for resolving cross-border commercial disputes. The legal framework ensures that Mexico is a reliable seat for international …
International Arbitration in Nigeria
Introduction International arbitration in Nigeria is a preferred method for resolving cross-border commercial disputes. The legal framework ensures that Nigeria is a reliable seat for international …
International Arbitration in South Africa
Introduction International arbitration in South Africa is a preferred method for resolving cross-border commercial disputes. The legal framework ensures that South Africa is a reliable seat for …
International Arbitration in South Korea
Introduction International arbitration in South Korea is a preferred method for resolving cross-border commercial disputes. The legal framework ensures that South Korea is a reliable seat for …
International Commercial Arbitration in Russia: ICAC, Lex Arbitri, and Enforcement
International commercial arbitration in Russia is governed by Federal Law No. 5338-1 of 7 July 1993 on International Commercial Arbitration (Zakon RF o mezhdunarodnom kommercheskom arbitrazhe), which …
Investment Arbitration Involving Russia
Russia’s Bilateral Investment Treaty Network The Russian Federation has concluded more than 80 bilateral investment treaties (BITs), the majority of which date from the 1990s and early 2000s. …
Overview of German Arbitration
German arbitration law is governed by Book 10 of the Zivilprozessordnung (ZPO), which implements the UNCITRAL Model Law. Germany is a leading venue for international and domestic arbitration, with …
Russian Arbitration Agreements
Definition and Form Requirements Under Russian law, an arbitration agreement (arbitrazhnoe soglashenie) is defined by the Federal Law on International Commercial Arbitration (No. 5338-1 of 7 July …
Russian Arbitration Law
Sources of Russian Arbitration Law Russian arbitration law is governed by a complex framework of legislative sources. The Law on International Commercial Arbitration of 1993 (No 5338-1) is based on …
Russian International Arbitration Tribunals
Institutional Framework Russian international arbitration is served by a network of permanent arbitration institutions (postoyanno deystvuyushchie arbitrazhnye uchrezhdeniya, PDAUs) that have been …
The Arbitral Tribunal in French Arbitration
Composition of the Arbitral Tribunal French arbitration law, codified in Articles 1442 to 1527 of the Code de procédure civile (Book IV, Titles I and II), gives the parties broad freedom to determine …
The Arbitration Act 1996
Introduction The Arbitration Act 1996 (AA 1996) is the primary legislative framework governing domestic and international arbitration in England, Wales, and Northern Ireland. The Act replaced the …
UK Arbitration Law
The Arbitration Act 1996 The Arbitration Act 1996 is the primary legislation governing arbitration in England and Wales, Northern Ireland, and (with modifications) Scotland. Section 1 of the Act …
US Arbitration Law
The Federal Arbitration Act The Federal Arbitration Act (FAA), enacted in 1925 and codified at 9 U.S.C. §§ 1–16, is the primary legislation governing arbitration in the United States. Chapter 1 of the …