Assignment Sample on LLM M31613 International Commercial And Investment Arbitration
Introduction
Independence and impartiality of arbitrators have discussed their essential obligation and which is towards the practices of arbitration in this context. In addition, this is adjudication which is the dispute in this arbitration agreement. These principles are accepted as an obligation which is an arbitration law in Europe. This study here discusses the relationship between the parties and which is followed by the arbitration in this context. The United Kingdom highlighted the study in a certain case study and in which arbitrators are appointed under their contract. Moreover, mainly the judgment in the UK of arbitrators clarifies that arbitrators are not persons under the certain contract of this country and mention their meaning in the Regulations of 2003 on the Employment Equality in this context.
Background
As international law firms grow in size and they become more preferred to solving any disputes. The growth is disposing of the conflicts with increasing some conflicts in issues. This thesis discusses the issues of independence and impartiality of an arbitrator which is reflected in the institute of arbitration and the SCC, ICC, AAA, LCIA. Since, there have no published decisions in this context and it discussed in this context through this framework. In addition, several types of terms have been described here naturally which is of an international arbitrator. In this context here most Universal Declaration is quoted and it is mentioning that an arbitrator which is independent and impartial of this context. Additionally, independence is discussed which defines the freedom from every authority, and in international arbitration is discussed more frequently.
Moreover, it also describes the lack of arbitrators to tie any parties with their consent in this context. In both civil and criminal cases, it also sets the common law which is under the jurisdiction of this country in the “Arbitration Act 1996”, and discusses that arbitrators must be independent and involve every authority in this context. Therefore, it is not a small and silly matter that arbitrators have the initial confidence about their independence which includes the clients in the business community and it must be reasonable. It is stated that it must be independent in some certain terms and the impartial term is described as the state of mind of an arbitrator in this context. In this regard, it is not simply biased from every side of this context and it is often considered to discuss the impartial and independent of arbitration in this study.
In this context here discuss the arbitration which is governed under this act of “Arbitration Act 1996”, and it does not codify all types of English law and also does not find all elements in this law. In addition, “Sections 9 to 11”, mainly discuss all types of legal proceedings which are related to this context and discuss the further importance of arbitration proceedings. Additionally, the English law does not adopt “UNCITRAL Model Law”, rather than an “Arbitration act of 1996”. In this context here also discuss some mandatory relations with provisions under “(section 4(1), Arbitration Act ” and in contrast with some non-mandatory and non-applicable provisions in this context under “(section 4(2), Arbitration Act)”. Moreover, here set some mandatory provisions in this context which is discussed in follows:
- “Rights of parties to stay legal proceedings in respect of a matter referred to arbitration (sections 9 to 11, Arbitration Act)”.
- “Power of the court to extend time limits to begin arbitral proceeding or other dispute resolution procedures which must be exhausted before arbitration commences (section 12, Arbitration Act)”.
- “Power of the court to remove an arbitrator (section 24, Arbitration Act)”. “Immunity of an arbitrator (section 29, Arbitration Act)”.
- “Rights to challenge/appeal awards on the grounds of lack of substantive jurisdiction (section 67, Arbitration Act) or serious irregularity (section 68, Arbitration Act)”.
Critical discussion of independence and impartiality
The right to a fair trial is mainly noted as the right trial of independence and impartiality which seeks the actual importance in this topic. These are the two types of context which are not related to each other and the main aim of this discussion is to analyze the main topic which is admissible in military courts of this country[1]. This discussion began to identify the discussion of independence and impartiality of arbitrators. Additionally, an independent and impartial judiciary law is barely linked with some principle role of this independent, and their principles are taken which is underpinning the right of the fair and impartial tribunal in this context. This study is further noticed and discusses the terms which are ‘independence’ and ‘impartiality’ and before analyzing concepts the constituent elements of each essential it is stated the overall requirement of independence and impartiality [2].However, in this case, law, it is determined the claims which are non-arbitral in this certain context “Fulham Football Club (1987) Ltd v J Sir David Richards and another [2011] EWCA Civ 855”[3]. The English court has similar types of approaches in terms of agreements of arbitrators of treaties in this context.
In this context here must conclude this section with using “The Limitation Act 1980”, “Limitation Periods Act 1984”, and also “Foreign Limitation Periods (Northern Ireland) Order 1985”, in this certain way of limitation act which is mentioned under “section 13” of this limitation act[4]. In this regard, it discussed the overall issue and challenges which are faced in this context and which is to discuss the period of enforcement in this context under “(section 7, Limitation Act 1980)” [5]. Additionally, here mainly discuss the issue of independent and impartial arbitration in this context and the challenges which they faced through this certain context. In addition, also critically discuss some mandatory provisions which are under this arbitration act. Moreover, English courts also used approaches to understand the terms of an agreement in arbitrators’ context and must conclude the similar uses of acts that are under the limitation act.
Case laws:
“Alapli Elektrik B.V. v. Republic of Turkey, Decision of Annulment, July 10, 2014, by Maria Davies”
“BG Group PLC. V. the Republic of Argentina, US Supreme Court Decision, March 5, 2014, by Laura Ghitti”
The case laws are referred to in this section which relates the aspects which condensers in this context and supports this study through this case laws. Case laws are relating to the issues of arbitration of this study and their important aspects in which this study is dependent and further noticed. These both are the relative aspects of this study and which is considered the arbitration and their limitation in this context. These aspects are wider principles of justice, but their scopes have differentiated this context and made its stability important[6]. In addition, the basic principles are provided in terms of arbitration jurisprudence and which is relied upon in this context. Additionally, also discussed the practical and legal limitations which show the legal and administrative issues of this context and which are mainly derived through these limited applications[7]. It is selected as a well-established proceeding. It is also governed by the principles of providing and some level of justice which is considered in this context and the requirement of impartiality are considered inconsistent to the parties of this context of an arbitration agreement. Since arbitrators are barely and daily conflicted with several tasks which have some potential influence in this context. This section has highlighted the background of this topic and certain issues which are critically discussed in this section of independence and impartiality of arbitrators. In addition, provide some relevant facts which share the guidelines in this specific context.
Objectives of the arbitration that in impartial and independent
In an account of all consideration in this context, it is noted that it seems the international arbitration is a unique and sometimes hybrid institution in which the public policy is included. It has been argued by every action of this context and law has morals in this regard that numerous questions upon impartiality and independence. In addition, it has been also said that if a judgment is unfair in certain terms, it has sometimes been effective and inflicts moral injury. The arbitration sometimes allows the disputing pastors to choose their attributes. In addition, this does not allow the process of fairness and mostly chooses several ethical norms in this context. Independence and impartiality are so important and i6t is almost similar in this context. Despite the fact of this context it is essential to discuss the difference and definition to give in this context. The main concept is to relate with an objective and that has to be measured in a sense of possibility. Moreover, it is discussed to determine some necessary proximity of these conflicts of both the independent and impartial. Here discuss the clear example of the concept of independence and impartiality which can be found in the presence of arbitration and requiring some rules in this context. Additionally, the concepts are used to define an actual state of mind and that can be proved by some facts of this context. Impartiality is present in absence of any type of bias and which is in the mind of the arbitrator to discuss some concepts[8]. In this regard, here discuss an arbitrator which is impartial but not independent which states that it may be qualified. To better illustrate and discuss the concept of independence and impartiality here list some arguments in this context such as “Barristers From the same chamber, Arbitrator’s comment that “Portuguese people were liars, Arbitrator being a former official adviser of the government, Arbitrator acted as consultant previously for a party to the arbitration”.
Issues of independence and impartiality of arbitrators
On the first side of this topic, it is discussed that independence and impartiality is another concept of this regard and it is described as neutrality. In terms of IBA guidelines under The General “Standard 7(a) of the IBA” which shares the determinations and shows some factors which disclose the potential conflicts of interest. Since arbitrators have shown the importance and focused on some factors which have potential influence in conflicts of this topic. In addition, also mention and highlights certain challenges and legal proceedings in this context. Additionally, issues are considered in this topic which is such as legal and practical limitations which are mentioned in this action[9]. Legal limitations and issues state that some guidelines are considered some limited scope of applications that are dependable on the legal framework. The principles of both independence and impartiality are taken to count as fixed jurisdictions in national jurisdictions of this context. The context of legal proceedings is also on alternative dispute solutions of this context. Here discuss one of the most important and international policies which is the “UNCITRAL Model Law” on “International Commercial Arbitration (Model Law)”[10]. This model generally used and focused on some guidelines in providing the conflicting guidelines of this context. The context disclosure must be imposed and useful in this regard and it must be bound by confidentiality obligations and guided by some legal principles. An arbitrator must consider the confidentiality issues which are mentioned in this context. The guidelines on the other hand mentioned specifically and discuss the main provisions of this main context of independence and impartiality. In addition, it also presents the presence of disclosure and generates the issues which disclose the requirement of this context.
Indeed, certain guidelines are also subjected to practical limitations and it discloses the facts of these proceedings. Here major and practical issues are preferred to some non-binding character of this context of both independence and impartiality[11]. Certain guidelines are enforced and focused to reduce challenges in both contexts and it is mostly based on some legal services through these certain guidelines. In this context legal services are taken and refereed from a law firm that is affiliated to the arbitrators in this context. The arbitrators are not involved in this context of representation and do not disclose any proceedings which are addressed in this topic. Another is not disclosing the situation to the other parties. Guidelines remove the barriers in this context of guidelines and do not raise any questions in response to the arbitrator. Therefore each of these cases that are referred to in this section needs to be addressed and malty assessed on a case basis. This makes it difficult for the arbitrator and it securely addresses the obligation which must not be disclosed.
Here mainly two issues arise in this section such as to which extent an arbitrator accepted the arbitration in some multiple operations and overlapping all matters in such action. In which is without the appearance of bias. In addition, another issue arises in the section to what extent the arbitrator could accept and help the multiple appointments without providing disclosure in this way of this context. Impartiality and independence are essential for freedom and proceedings which are principles of natural justice in this context. Through the experience of some case laws here mention and discuss the arbitrators’ issues in this war of independence and impartiality. In addition, an arbitrator has to disclose and also discuss the decision of independence and impartiality.
Recommendation
- In this study here we discuss the advice to remove certain limitations and remove their issues in certain ways. There should be certain rules which are referred to in the context of jurisdiction and competence of the court.
- There should be regulations that can oblige this concept of the first instance to check its jurisdiction. Furthermore, certain rules and regulations must provide certain opportunities which can help to get accessible and essential elements.
- It is recommended that negative and positive obligations must be considered in such a way which is decided by some special and certain provisions in this context. This prevents certain uncertainty in this context and is concerned with the initial subject matter.
- To prevent the problems and solve some issues which are presented in this study and mention the issues of impartial and independent arbitrators in this context. In addition, must secure some that have to be maintained through some legal provisions and maintained such steps. Therefore, also follow some guidelines through this context and maintain such provisions to correct legal issues.
Conclusion
The above analysis shows the importance of independence and impartiality and their issues which are related to arbitrators in this context. In addition, discuss the legal provisions which are considered in this context and support this study under using some certain provisions. Moreover, also analyzed the rules and principles which have been discussed earlier and those show the actual importance of this context It mainly deals with the issues of independence and impartiality of arbitrators in this context. It can also be understood from the discussion of study that there are certain extremely useful and conflicts of this topic are derived from challenges and issues of impartiality and independence of British Law arbitrators.
Reference
Books
Craig, Paul, and Gráinne De Búrca. EU Law: Text, Cases, and Materials UK Version. Oxford University Press, USA, 2020.
Leyland, Peter. The constitution of the United Kingdom: A contextual analysis. Bloomsbury Publishing, 2021.
O’Leary, Brendan, and John McGarry. The politics of antagonism: understanding Northern Ireland. Bloomsbury Publishing, 2016.
Binder, Peter. International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions. Kluwer Law International BV, 2019
Journal
Andrews, Neil. “‘The Seat’and the Laws Affecting the Arbitration.” In ACL, 51-66. Springer, Cham, 2016.
Cleis, Maria Nicole. “Independence and Impartiality in the icsid Convention and Arbitration Rules. ICSID Arbitrators, 12-30. Brill Nijhoff, 2017
Feebily, Ronan. “Neutrality, Independence and Impartiality in International Commercial Arbitration, A Fine Balance in the Quest For Arbitral Justice.” Penn St. JL & Int’l Aff. 7 (2019): 88.
Frieze, Steven A. “Limitation Periods in Cross-Border Debt Collection.” Com. L. World 32 (2018): 20
Fuyong, Zhu. “On the Possibilities and Limitations of Arbitration Punishment.” J. Arb. Stud. 28 (2018): 3.
Puig, Sergio, and Anton Strezhnev. “Affiliation bias in arbitration: An experimental approach.” The Journal of Legal Studies 46, no. 2 (2017): 371-398.
Case Laws:
“Alapli Elektrik B.V. v. Republic of Turkey, Decision of Annulment, July 10, 2014, by Maria Davies”
“BG Group PLC. v. the Republic of Argentina, US. Supreme Court Decision, March 5, 2014, by Laura Ghitti”
“Fulham Football Club (1987) Ltd v J Sir David Richards and another [2011] EWCA Civ 855”
[1] Craig, Paul, and Gráinne De Búrca. EU Law: Text, Cases, and Materials UK Version. Oxford University Press, USA, 2020.
[2] Feebily, Ronan. “Neutrality, Independence and Impartiality in International Commercial Arbitration, A Fine Balance in the Quest For Arbitral Justice.” Penn St. JL & Int’l Aff. 7 (2019): 88.
[3] Andrews, Neil. “‘The Seat’and the Laws Affecting the Arbitration.” In ACL, 51-66. Springer, Cham, 2016.
[4] O’Leary, Brendan, and John McGarry. The politics of antagonism: understanding Northern Ireland. Bloomsbury Publishing, 2016.
[5] Craig, Paul, and Gráinne De Búrca. EU Law: Text, Cases, and Materials UK Version. Oxford University Press, USA, 2020.
[6] Leyland, Peter. The constitution of the United Kingdom: A contextual analysis. Bloomsbury Publishing, 2021
[7] Fuyong, Zhu. “On the Possibilities and Limitations of Arbitration Punishment.” J. Arb. Stud. 28 (2018): 3.
[8] Puig, Sergio, and Anton Strezhnev. “Affiliation bias in arbitration: An experimental approach.” The Journal of Legal Studies 46, no. 2 (2017): 371-398.
[9] Fuyong, Zhu. “On the Possibilities and Limitations of Arbitration Punishment.” J. Arb. Stud. 28 (2018): 3.
[10] Binder, Peter. International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions. Kluwer Law International BV, 2019
[11] Fuyong, Zhu. “On the Possibilities and Limitations of Arbitration Punishment.” J. Arb. Stud. 28 (2018): 3.
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