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Court of Arbitration for Sport: Rules and Issues  [PDF]
Wenjun Yan
Open Journal of Social Sciences (JSS) , 2023, DOI: 10.4236/jss.2023.111007
Abstract: International sports arbitration is regarded as a special type of international arbitration, which is quite different from international commercial arbitration and inter-state arbitration. Due to the party autonomy, convenience, and professionalism of international sports arbitration, major international sports activities and events generally chose international sports arbitration as the means to resolve disputes. After more than 30 years of development, the international sports arbitration rules, with the promotion of the Court of Arbitration for Sport, have become more developed and mature. In the meantime, however, we need to realize that there are many defects under the existing international sports arbitration system, such as the exclusive jurisdiction of the arbitral tribunal, transparency in the selection of arbitrators, and the application of arbitration rules. China shall think about how it can learn from the existing international sports arbitration system and promote the development of China’s sports arbitration institutions and rules.
Establishment of International Sports Arbitration System in China: Realistic Needs, Conditions and Specific Paths  [PDF]
Wenjun Yan
Chinese Studies (ChnStd) , 2023, DOI: 10.4236/chnstd.2023.121004
Abstract: Due to the lack of legislation on international sports arbitration institutions and arbitration rules in China, international sports arbitration activities usually lack direct legal support. However, as China successfully hosted the Olympic Games and the Winter Olympic Games successively, Beijing has become the only “Double Olympic City” in the history of the Olympic Games, contributing to the development of international sports arbitration. China has the experience in handling and resolving international sports disputes, and has a stronger motivation to promote and establish better international sports arbitration rules. In 2022, relevant Chinese institutions and organizations have successively passed the new Sports Law (Sports Law), Organizational Rules of the China Sports Arbitration Commission (Draft for Comment) (Organizational Rules) and Rules of Sports Arbitration (Draft for Comment) (Arbitration Rules), and the Chinese Sports Arbitration Rules. This is undoubtedly important progress in the integration of China’s sports arbitration rules with international rules, but it is still worthy of our in-depth consideration in terms of the required conditions, specific paths and supporting systems for the development of international sports arbitration in China.
Some Issues of Investment and Mining Arbitration in Uzbekistan  [PDF]
Islambek Rustambekov
Beijing Law Review (BLR) , 2022, DOI: 10.4236/blr.2022.134052
Abstract: The article reveals the possibilities of the sphere of minerals in Uzbekistan, investment legislation that creates a favorable investment climate. The article also discusses international investment arbitration cases in the field of mining with the participation of the Republic of Uzbekistan as a respondent. In particular, several ICSID cases and one UNCITRAL case with the participation of the Republic of Uzbekistan on the resolution of disputes in the framework of investing in the extraction of minerals were considered. Analysis of the cases showed that such disputes arose most often due to the unfairness of the investor and practice showed that Uzbekistan is interested in settling disputes and cases amicably, also analyses of the legal bases showed the need of improvement of national legislation and practice in mining sphere, including concessions, PSA and Law on Subsoil.
Third-Party Funding in International Arbitration: An Analysis of Policy Challenges and Practical Considerations  [PDF]
Xiyue Li
Beijing Law Review (BLR) , 2024, DOI: 10.4236/blr.2024.151019
Abstract: Third-party funding (TPF) has become a prominent feature in international arbitration, providing financial support to parties in exchange for a share of the eventual award. This paper examines the policy challenges associated with TPF and offers insights for parties, arbitral institutions, and policymakers. While TPF can enhance access to justice, reduce costs, and improve efficiency, it also raises concerns regarding conflicts of interest, confidentiality, and procedural control. The analysis explores regulatory frameworks and ethical considerations, including existing regulations and self-regulatory measures implemented by jurisdictions and arbitral institutions. Additionally, it examines ethical implications such as the impact on arbitrator independence and the duty of disclosure. Practical considerations for parties engaging in TPF are discussed, including funder selection, agreement negotiation, and conflict management. The paper underscores the role of arbitral institutions in responding to TPF and adapting their rules and procedures. Ultimately, it advocates for a balanced regulatory approach that fosters transparency, disclosure, and ethical standards while preserving the benefits of TPF in international arbitration. By addressing policy challenges and practical considerations, stakeholders can navigate TPF complexities and ensure equitable and efficient dispute resolution.
A Utopia or Reality: Possibility of Using the Proper Law of Contract throughout an International Commercial Arbitration Claim  [PDF]
Karawita Arachchige Akalanka Nuwan Thilakarathna
Beijing Law Review (BLR) , 2021, DOI: 10.4236/blr.2021.121001
Abstract: International commercial arbitration has become the most favoured method of dispute resolution in the international arena since it has the capability of providing a win-win situation for the parties involved in the dispute which is not available under ordinary litigation. However, since arbitration is a matter of choice for the parties, the concept of party autonomy sometimes makes the arbitration process a difficult one to be conducted with the vigor that is found under court proceedings. One main reason for this can be seen in the multiplicity of laws that are involved in settling the dispute from the agreement to arbitrate to enforcing the claim. This article therefore looks at the possibility of adopting the proper law of contract to be applied throughout the process of arbitration in settling the dispute. Using the doctrinal approach by using international legal instruments, statues and decided case law as primary sources and using scholarly articles and books written on the subject, the results have shown that, while being highly optimistic, such an endeavour is not still possible since there is no single international legal document which deals with the whole process of arbitration and in such an absence,？it seems difficult at the moment to use a single system of law throughout the arbitration process. Nevertheless, the article makes suggestions as to how such a mechanism could be implemented and the possible prospects and challenges in making this utopia a reality.
Cláusulas Arbitrales en Contratos Internacionales: Aspectos Prácticos
Cordero Arce,Gonzalo;
Revista chilena de derecho , 2007, DOI: 10.4067/S0718-34372007000100006
Abstract: this article deals with the main aspects that should be considered when drafting arbitration clauses in international contracts. its also includes some recommendations as regards to what is to be taken into account in those contracts or businesses with special characteristics such as contracts with many participants or businesses which involve related contracts.
国际商事仲裁费用构成及合理控制仲裁费用探索
A Brief Analysis on the Composition of International Commercial Arbitration Fees and Suggestion on the Reasonable Control of Arbitration Fees  [PDF]
侯进才
Journal of Oil and Gas Technology (JOGT) , 2021, DOI: 10.12677/JOGT.2021.432012
Abstract: 仲裁作为解决国际商事争议的主要方式之一，受到国际工程承包企业的青睐，然而当事人在决定一个案件是否要提起仲裁时，常会把仲裁费用作为一个重要考量指标，高昂的仲裁费用可能会限制国际商事仲裁制度的健康发展。本文以2017版国际商会仲裁规则下的收费标准为基础，从仲裁费用的构成、计算方法入手，探讨了仲裁费用影响因素，并给出了控制仲裁过程费用的合理化建议。
Arbitration, as one of the main ways to resolve international commercial disputes, remains a popular choice for international engineering company. The arbitration fees will be an important evaluating indicator when the parties considering apply for arbitration. Expensive arbitration fees may restrict the healthy development of international commercial arbitration system. Based on the arbitration cost and fees under the arbitration rules of the 2017 edition of the International Chamber of Commerce, characteristics, composition and calculation method of the arbitration fees are showed in this paper firstly; then, its influencing factors are discussed. Reasonable suggestions for controlling the arbitration fees are given in the end of this paper.
基于国际商会仲裁规则下的国际工程项目仲裁管理
Arbitration Management of International Project under the Arbitration Rules of International Chamber of Commerce  [PDF]
侯进才, 寇准, 王伟
Journal of Oil and Gas Technology (JOGT) , 2020, DOI: 10.12677/JOGT.2020.424117
Abstract: 随着世界经济全球化，国内外企业之间的商贸往来迅猛发展，出现商事争议与纠纷的案件也呈现上升趋势，仲裁以其高效、快速等优点成为解决国际商事纠纷的最终方式之一。本文从仲裁的优点入手，首先阐述了完整仲裁过程中各个关键环节及注意事项，然后用流程图和横道图两种形式体现了一个完整的仲裁过程，最后就国际工程项目仲裁管理给出了具体建议。
With the globalization of the world economy, the commercial exchanges between domestic and foreign enterprises are developing rapidly, and the number of commercial disputes cases is growing quickly. Considering its advantages of high efficiency and speed, arbitration has become one of the final ways to solve international commercial disputes. This paper firstly presents the advantages of arbitration, then expounds the key stages and attention during the whole arbitration process. Flow chart and Gantt chart are drawn to show logics of the process. Specific suggestions on the arbitration management of international projects are given at the end of the article.
国际投资仲裁中的法庭之友价值重塑与规则构建
Amicus Curiae Value Remodeling and Rule Construction in International Investment Arbitration  [PDF]
周昕亮
Dispute Settlement (DS) , 2022, DOI: 10.12677/DS.2022.84107
Abstract: 法庭之友源于英美法系的国内诉讼制度，其在国际投资仲裁中的诞生并非制度的精心设计，而是实践先行，是国际投资仲裁对于透明度和民主性批评的回应。因此，法庭之友制度被赋予了提高国际投资仲裁透明度和加强民主参与，甚至是全球治理的价值期待。通过分析不同仲裁庭的实践，法庭之友制度的真正价值，仍然在于辅助仲裁庭解决投资争端，相关规则构建也应围绕这一根本目的展开。国际投资仲裁也应回归其宗旨，通过解决投资争端，同时对舆论有所回应，从而获得公众对其合法性的认同。
Amicus curiae originated from the domestic litigation system of the common law system. The birth of amicus curiae in international investment arbitration was not an elaborate design of the system, but a practice first, a response to criticism of transparency and democracy in international investment arbitration. Thus, the amicus curiae system has been given the value ex-pectation of enhancing transparency and strengthening democratic participation in international investment arbitration, and even global governance. By analyzing the practices of different arbitral tribunals, the real value of the amicus curiae system still lies in assisting arbitral tribunals to re-solve investment disputes, and the relevant rules should be constructed around this fundamental purpose. International investment arbitration should also return to its purpose of gaining public recognition of its legitimacy by resolving investment disputes and responding to public opinion at the same time.
Arbitration as Mean of Solving Litigations between Professional Traders – Novelties Inserted in the New Civil Procedure Code
Elise-Nicoleta VALCU
Journal of Knowledge Management, Economics and Information Technology , 2011,
Abstract: Based on the “New York” Convention of 1958 [1] arbitration has become a true and efficient alternative of the common law jurisdiction.The regulation of arbitration in the new Civil Procedure Code [2] is found in the same Book (Book 4), divided into 7 Titles, instead of 11 Chapters. As a concept, the regulation of different specific arbitration institutions is similar to that provided for by the actual Book 4. The 7 Titles includes the general provisions on arbitration, arbitration agreements, arbitration tribunal, arbitral procedures and institutionalized arbitration (Art 533-612). Regardingarbitration procedure, it regulates the notification of the arbitration tribunal, arbitration trial, arbitration expenses and the decision of arbitration. Institutionalized arbitration is, for the first time settled by Art 607-612 of the Civil Procedure Code. Also, Title 4 of Book 7, named “International civil trial”, settles the international arbitration (Art 1096-1118).
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