Assignment Sample on LLM M31613 International Commercial And Investment
1. Introduction
It is a vital aspect of arbitral proceedings of arbitration. It is also included in which courts have much and superior power of establishing covered arbitration and must scope the powers. In addition, a recent decision, if a court in the UK is a Commercial Court, reminds that although the governing law of an agreement should contain and also provide for one national law. In which, these rules may follow the nationality of one or both parties, which in arbitration is crucial to the protection of the arbitration award of this country in the UK.
In this context, the “Arbitration Act 1996”, of parliament regulated all certain types of proceedings and this act gives the tribunal to give proceedings of evidential matters in this country. This section includes the power of proceedings of arbitration and which is held in “Section 34 of Arbitration Act 1996”. This act is helping to improve the law which is related to the arbitration proceedings in arbitral. The aim of this section and this context shed a light on this concept of the importance of arbitration proceedings in arbitration. It is an alternative type of dispute in a resolution of this act and it is the way of setting which states the disputes without going to the court.
2. Background
In this study, governed proceedings are taking place in London which is currently seated and which includes the declaration of arbitration in arbitration proceedings. The arbitrator issued a Partial Final Award in which findings in the IPPs favour finding that differ the expert’s determination of arbitration proceedings in arbitral of this country[1]. NTDC challenged this award under certain terms of “Section 68 of Arbitration Act”. There are mandatory provisions of legislation under this act such as “Powers of the court, Immunity of an arbitrator, Rights to challenge/appeal awards”. The provisions are taken under this act of arbitration and those provisions are set some schedules under the “Arbitration Act 1996”.
2.1 Legislative framework
Arbitration act is present in this section in which this act will apply in the seat of arbitration and the following sections are applicable for the sweat of arbitration. The following sections such as “Section 9 to 11 stay of legal proceedings”, describe the arbitration pursuant of arbitration proceedings. Additionally, “Section 43 (securing the attendance of witnesses ‘, which constitutes that a party to the arbitral proceedings may use the same court procedures under this act and applied in this certain version [2]. This section secures the attendance of witnesses and these procedures only may be done with the tribunal or the agreement of parties in tribunal proceedings under this act.
In addition, “Section 44 court powers which are exercisable in support of arbitral proceedings”, describes the court power of arbitral proceedings under the “Arbitration Act 1996”, discusses the purpose of relations to arbitration proceedings in the UK[3]. The English high court now states the proceedings through a case law in which “A and another v. C and Others [2020] EWHC 258 (Comm) (“A v C”)”, that is not under the section of “44(2) of Arbitration Act 1996”, parties may apply for certain proceedings under this “section 44” of this act and this section includes the witness relating to this proceedings. Therefore, also taken under this section which is taken into account such as “Section 66 (enforcement of arbitral awards)”, can be used to analyze the arbitral awards in the seat of arbitration. In the case of “Shell Energy Europe Limited v Meta Energia SpA [2020] EWHC 1799 (Comm)”, the English court law dismissed the challenge under “Section 66” and which mostly granted the leave to enforce an award under this act. In this case, law participants are enforceable and merged fully under some certain terms and underlying the act LCIA till the last stage of arbitration proceedings. The English law did not adopt the “UNCITRAL Model Law”, which is although the arbitration act is influenced and made by its proceedings.
3. Critically discuss the importance of arbitration
3.1 Importance of Arbitration
The seat of arbitration is a crucial aspect of every procedure in the legal framework and this citation is not institution-based in which there may be a good infrastructure of arbitrators. It also concludes which court in this context has superior and most effective power in legal proceedings. In addition, the case law describes the judicial proceedings “Atlas Power v National Transmission Mr. Justice Phillips”. In this case law, it is headed the application in court and their legal proceedings are considered as a final suit of injunction which is challenging from the defendant in these certain provisions and maintain the proceedings under LCIA arbitration. It is critical and crucial to set a seat of arbitration in arbitral proceedings in the UK and here are the most common misconceptions in this field.
The seat does not need to be constructed under the government contract of this country or must not be under any institution. In addition, counsel does not need to qualify any types of proceedings. Additionally, a growth of arbitration determines a fundamental change that must be present in legislation and enforceable by law. Therefore, “severability, reparability, and autonomy” are some principles of an arbitration agreement that set the validity of one agreement from being overlapped by other parties in this context. Arbitration proceedings play an important role in arbitration settings and agreements which must be enforceable by law and legislation. In this regard, it settles and resolves any types of disputes of this context.
The seat of arbitration proceedings is not needed in which hearings do not need to be held. Additionally, these proceedings do not reflect the arbitration contract under the government of the UK. Nonetheless, they are maintaining some provisions and displaying the legal framework which is displaying the important provisions and factors under the certain act of arbitration. These provisions are discussed with several consequences such as, (a) an arbitration may challenge the seat of court. In addition, every country must allow the award to be challenged in certain terms. Therefore, certain provisions may intervene in the proceedings of arbitration and decline some respect for this arbitration agreement. It is severely impacted in certain proceedings of arbitration which is discussed in this certain section. Indeed, (b) the invention of the court is disputed in significant ways thus it is based on the seat of arbitration.
In addition, the challenge is based on some errors on grounds of law of public policy and this included the important and in different ways of jurisdiction. Therefore, a law of seat is important in every proceeding and which is concerning some procedural issues of these provisions. In order to do that, the award may retain the cost of proceedings and arise some conflicts some rules which may be applied in this section. In order to state that choosing the wiring seat can delay the proceedings of arbitration and may cancel the proceedings.
In addition, also increase the risk of parallel court in this certain section and allow the challenges in this court which may allow all proceedings in this court. This may not be reliable and able to set jurisdiction in this certain court that maintains some provisions. Here many safe options are considered for the seat of arbitration proceedings and this seat of arbitration proceedings is taken as friendly jurisdiction in countries. This plays an important role in enforcement in the law of provisions and proceedings under the “Arbitration Act 1996”[4]. Therefore, the important and different legal provisions are related to confidentiality and in certain terms, all parties are subjected to do duty confidentially.
In this context, here are some important differences in certain provisions and ion challenges also which are taken enforcement and unless it contains international rules to set some provisions and proceedings. The seat can also play an important role in the constitution of this country of arbitration and the ability to select a seat is one of the advantages of arbitration. In this context, certain seats contain important and transactions in different types of regions of this country. Certain advantages are shown in this context which can include such as a great certainty of enforcement in arbitration awards. The other is avoiding all specific legal provisions and proceedings in certain cases of jurisdiction. Additionally, discuss the flexibility interim s of procedure and proceedings in arbitration. In addition, also set abilities for parties in arbitration to set their arbitrators in this context. The next is confidentiality and also includes grounds that must be limited for all challenges but that must be also a disadvantage of this procedure.
3.2 Effects of legislative provisions
The court is exercising the power which is conferred under this section but not enforceable or mentioned in “Subsection 2 and 3” of “Arbitration Act 1996” that must be supported by arbitration proceedings. The process in which it is determined under this act such as (1) no types of seta of arbitration has not been determined or designated in this section and the other is (2) with some reason of connection between two courts of English and Ireland, is stated that courts are not satisfied with certain provisions. The seat of arbitration is discussed about the judicial seat of the arbitration under this act which is such as by parties in the agreement of arbitration, with any arbitration and person with proceedings which is vested by parties in this context, also with tribunal by some authorized parties in this section under this certain act. In addition, in arbitration proceedings, all certain provisions are taken under “section 45 (determination of preliminary point of law)” and “section 69” which is determined under these certain proceedings and which is entered into arbitration proceedings[5].
“UNCITRAL Arbitration Rules”, is set some rules which are governed by general principles and rules of government. It shall include the re-enactment. On the other hand, law is fully determined by privacy and silent in this matter of privacy in arbitration proceedings. Arbitration is taken easiest to solve disputes and it has a most powerful advantage to being private in certain terms and this will resolve matters including certain terms[6]. Arbitration is an arbitration award that is enforceable by a court and made by law and binding which is enforceable by court of justice in these arbitration proceedings. These proceedings serve only limitation of jurisdiction of the court and not outset into its proceedings.
3.3 Arbitral proceedings of arbitration
In this context here discuss the proceedings of arbitration which discuss the important factors of arbitration. For example “Institutional and ad hoc arbitration”, here are mostly two types of arbitration in which parties resolve their disputes tinder certain contracts such as “institutional or ad hoc”. Institutional arbitration is merely recognized by the arbitration institution and is a broad example of “Singapore International Arbitration Centre (SIAC)”[7]. This institution has its own rules to regulate all provisions and proceedings and arrange some appointments of an arbitration agreement[8]. In addition, ad hoc is one type of arbitration in which it is not administered by any type of institution to make their required arrangements for selecting their certain proceedings of arbitration. In addition, to such a component as “Arbitral tribunal”, this will compromise three arbitrators and when all parties agree upon this agreement and proceedings then it contains only some difficult provisions.
The provisions are governed by certain numbers and parties have not covered these terms and cannot try to agree on this at the same time. Additionally, it added some certain components in this context which is “Procedural rules”, as many arbitral institutions issue rules governing some appointment or tribunal and also for the procedure of proceedings of arbitration. In many cases, this process will give many examples of discretion to determine the actual importance of procedural rules which are governed by law. It is determining the factors and various procedural steps in arbitration proceedings that can help to determine the actual importance of arbitration and its proceedings. In ad hoc, it depends on parties in arbitration proceedings and which states that all procedural rules will not apply in this section. In addition, in some cases, parties may apply their own rules which must be governed by law and determined by UNCITRAL model law of arbitration.
Therefore, it also constitutes another component and important factor as “Venue of arbitrators”; it discusses the place where parties can take their place to make arbitration proceedings and their enforcement in this context[9]. Additionally, also a component and proceeding of arbitration is Seat, which is one of the main aspects which always causes some confusion and put in some set of arbitration of legal proceedings. It takes as the most important factor that determines (1) a procedural law which entails government of arbitration, (2) in this context of arbitration which court has only supervision of arbitration in proceedings; (3) maintain nationality of an award in this context of arbitration proceedings. In this case, the hearing will be determined in court in which the seat of arbitration determines the procedural law and arbitration which has a power of supervision over arbitration [10]. This case here mainly discussed the seat of arbitration in the venue where all hearings are applied in this section and referred to certain provisions in arbitration proceedings. It also concluded all provisions for some purpose of enforcing the award in an arbitration that is enforceable by law. It also concluded a factor like Language, which covers all types of aspects which is enforceable by parties in this context and includes parties’ pleadings. In addition, it also includes the presentation of documentary and mostly oral evidence of the award in itself. This is considered an important aspect in which parties should contain their pleadings and they do not try to share common languages in this context [11]. It is considered the most efficient remedy to settle and remove disputes between parties of arbitration proceedings. It is counted as also an alternative dispute resolution in this context and to settle disputes between parties.
4. Conclusion
The main objective of this section concluded the arbitration which is confidentiality in a matter of law and governed by law. This section here discusses the arbitral proceedings which is an important and effective method that removes all disputes and solves all legal disputes also. In addition, it is taken as an alternative dispute method that accepts all types of articles of submission under “15(1) of UNCITRAL Arbitration Rules”. Based on the above finding of this question here it is stated all provisions of arbitral proceedings and their enforcement in this section. Therefore, mainly discuss the importance of arbitral proceedings in arbitration. This importance and provisions are concluded in certain terms and act, also determined by some case laws which are taken into consideration. This context also discussed the context of arbitration and its importance in arbitral proceedings. It does help parties who have any disputes regarding agreement in arbitration proceedings and procedural aspects. In addition, all arbitration agreements conclude all types of arbitration clauses in this context.
Reference
Books
Ambrose, Clare, Hatty Sumption, Karen Maxwell, Michael Collett QC, and Bruce Harris. London maritime arbitration. Informa law from Routledge, 2017.
Crowter, Harold, and Anthony Evans. Introduction to Arbitration. Informa Law from Routledge, 2020.
Harris, Bruce. “The Arbitration Act 1996.” In London Maritime Arbitration, pp. 20-30. Informa Law from Routledge, 2017.
Journal
Chehata, Susanna. “Arbitrators’ Neutrality in the United Kingdom and the United States.” Arbitration Law Review 8, no. 1 (2016): 234-251.
Landbrecht, Joannes. “Singapore Internaitonal Commercial Court (SICC)-An Alternative to International Arbitraiton, The.” ASA Bull. 34 (2016): 112.
Mendieta Grande, Cecilia Raquel, María Isabel Rodríguez Vargas, and José Ángel Rueda García. “Commercial Arbitration and Alternative Dispute Resolution.” (2016)002E
Muigua, K. A. R. I. U. K. I. “The Arbitration Acts: A Review Of Arbitration Act, 1995 Of Kenya Vis-A-Viz Arbitration Act 1996 Of United Kingdom.” lecture on Arbitration Act, 1995 and Arbitration Act 1996 of UK delivered at the Chartered Institute of Arbitrators-Kenya Branch Entry Course held at College of Insurance on 25-26th August 2008 (Revised on 2nd March 2010) (2016)
Rodríguez Vargas, María Isabel, and José Ángel Rueda García. “Commercial Arbitration and Alternative Dispute Resolution.” (2018)
Williams, Justin, Hamish Lal, and Richard Hornshaw. “Arbitration procedures and practice in the UK (England and Wales): overview.” Thomson Reuters 1 (2016).
Website
gov.uk, (2021) <gov.uk https://www.legislation.gov.uk/ukpga/1996/23/data.pdf> [Accessed on 5th November, 2021]
legislation.gov.uk, (1996) <https://www.legislation.gov.uk/ukpga/(/23/section/43/2015-10-01> [Accessed on 5th November, 2021]
gov.uk, (2021) https://www.legislation.gov.uk/ukpga/1996/23/section/44#:~:text=44%20Court%20powers%20exercisable%20in%20support%20of%20arbitral%20proceedings.&text=(5)In%20any%20case%20the,time%20being%20to%20act%20effectively. [Accessed on 5th November, 2021]
gov.uk, (2021), https://www.legislation.gov.uk/ukpga/1996/23/section/45#:~:text=45%20Determination%20of%20preliminary%20point%20of%20law.&text=An%20agreement%20to%20dispense%20with,court’s%20jurisdiction%20under%20this%20section.&text=(ii)that%20the%20application%20was%20made%20without%20delay. [Accessed on 5th November, 2021]
Bibliography
Acts
“Section 34 of Arbitration Act 1996”
“Arbitration Act 1996”
“Section 34 of Arbitration Act 1996”
“Section 66 (enforcement of arbitral awards)”
“UNCITRAL Model Law”
“Section 45 (determination of preliminary point of law)”
“UNCITRAL Arbitration Rules”
“15(1) of UNCITRAL Arbitration Rules”
Case laws
“Atlas Power v National Transmission Mr. Justice Phillips”
“Shell Energy Europe Limited v Meta Energia SpA [2020] EWHC 1799 (Comm)”,
“A and another v. C and Others [2020] EWHC 258 (Comm) (“A v C”)”
[1] Muigua, K. A. R. I. U. K. I. “The Arbitration Acts: A Review Of Arbitration Act, 1995 Of Kenya Vis-A-Viz Arbitration Act 1996 Of United Kingdom.” lecture on Arbitration Act, 1995 and Arbitration Act 1996 of UK delivered at the Chartered Institute of Arbitrators-Kenya Branch Entry Course held at College of Insurance on 25-26th August 2008 (Revised on 2nd March 2010) (2016)
[2] legislation.gov.uk, (1996) <https://www.legislation.gov.uk/ukpga/(/23/section/43/2015-10-01>
[3] gov.uk, (2021) https://www.legislation.gov.uk/ukpga/1996/23/section/44#:~:text=44%20Court%20powers%20exercisable%20in%20support%20of%20arbitral%20proceedings.&text=(5)In%20any%20case%20the,time%20being%20to%20act%20effectively.
[4] Harris, Bruce. “The Arbitration Act 1996.” In London Maritime Arbitration, pp. 20-30. Informa Law from Routledge, 2017.
[5] gov.uk, (2021), https://www.legislation.gov.uk/ukpga/1996/23/section/45#:~:text=45%20Determination%20of%20preliminary%20point%20of%20law.&text=An%20agreement%20to%20dispense%20with,court’s%20jurisdiction%20under%20this%20section.&text=(ii)that%20the%20application%20was%20made%20without%20delay.
[6] Ambrose, Clare, Hatty Sumption, Karen Maxwell, Michael Collett QC, and Bruce Harris. London maritime arbitration. Informa law from Routledge, 2017.
[7] Landbrecht, Joannes. “Singapore Internaitonal Commercial Court (SICC)-An Alternative to International Arbitraiton, The.” ASA Bull. 34 (2016): 112.
[8] Williams, Justin, Hamish Lal, and Richard Hornshaw. “Arbitration procedures and practice in the UK (England and Wales): overview.” Thomson Reuters 1 (2016).
[9] Chehata, Susanna. “Arbitrators’ Neutrality in the United Kingdom and the United States.” Arbitration Law Review 8, no. 1 (2016): 234-251.
[10] Rodríguez Vargas, María Isabel, and José Ángel Rueda García. “Commercial Arbitration and Alternative Dispute Resolution.” (2018)
[11] Mendieta Grande, Cecilia Raquel, María Isabel Rodríguez Vargas, and José Ángel Rueda García. “Commercial Arbitration and Alternative Dispute Resolution.” (2016).
