The Sharjah International Commercial Arbitration Centre (SICAC), a dispute resolution body operating under the Sharjah Chamber of Commerce and Industry (SCCI), has recently announced completion of the third phase of its integrated training program. The training, which was held in partnership with the Emirates International Law Centre, covered a series of workshops and lectures aimed at improving the arbitration and dispute handling skills of Sharjah based arbitrators. The program is part of SICAC’s continued commitment to help reduce and resolve labor and commercial arbitration issues in the emirate while also helping in the efforts to package Sharjah as a safe and attractive investment destination in the Middle East region.
Sharjah International Commercial Arbitration Centre completes third phase of training program for Sharjah arbitrators | Al Bawaba
August 31, 2010 By Leave a Comment
International Arbitration: Florida Adopts UNCITRAL Model Law: Miami Stands to Benefit the Most : International Business Law Advisor
May 21, 2010 By Leave a Comment
As an international litigation and arbitration attorney based in Miami, I’m thrilled that the Florida Legislature just passed a bill that standardizes the rules of international arbitration. The language mirrors a model law developed by the U.N. Commission on International Trade Law, or UNCITRAL.
The bill was drafted to entice more companies to use Florida, and Miami in particular, as their seat for arbitration. The reasoning behind the initiative is straightforward enough: attorneys all over the world are familiar with the UNCITRAL model law. Now that Florida is an UNICTRAL jurisdiction, it will be a more attractive forum to resolve disputes.
I’m a big fan of the UNCITRAL Model Law. Among other things, it provides:
- A special procedural regime for international commercial arbitration, which includes a substantive and territorial scope of application and provides for the delimitation of court assistance and supervision;
- Arbitration agreements, by providing a definition and form for such agreements and the enforcement of such agreements by courts;
- The composition of an arbitral tribunal; The jurisdiction of an arbitral tribunal, by giving a tribunal competence to rule on its own jurisdiction and power to order interim measures and preliminary orders;
- The conduct of arbitral proceedings, by providing for fundamental procedural rights of a party, determination of the rules of procedure, and default of a party;
- The making of an award and termination of proceedings, including determination of the rules or laws applicable to the substance of the dispute;
- The sole recourse against an award by application for setting aside and the grounds for setting aside an award;and
- The recognition and enforcement of awards, including the uniform treatment of all awards irrespective of country of origin, the procedural conditions for obtaining recognition and enforcement, and the grounds for refusing recognition or enforcement
For all you out-of-state and international attorneys, the rule revision includes a provision that would allow attorneys from other states or countries to engage in international arbitration in Florida.
With South Florida’s high concentration of bilingual attorneys and easy access to Latin America, it’s a convenient spot to conduct international arbitration.
Florida is not alone. Its the sixth state to pass the measure after California, Connecticut, Illinois, Louisiana and Texas. More than 50 countries follow the model law.
Australia’s position as an International arbitration centre to be enhanced – Deacons
December 16, 2009 By Leave a Comment
The Australian position in relation to international arbitration has always been complicated by virtue of its federal system of laws which allows parties to choose to resolve their dispute “under arbitral laws other than in accordance with the internationally accepted Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL).” This creates confusion and not insignificant legal difficulties concerning the interaction of different laws. Additionally, the finality sought by parties to an international arbitration is not always certain by virtue of the appeal/review powers contained in the State and Territory Commercial Arbitration Acts. As well, there has been in recent years a general concern about the trends surrounding the nature of international arbitration with the widespread view that arbitration has become too litigious with proceedings increasingly resembling those of a court. Such complications and trends had led many to believe that Australia was unlikely to establish itself as a major player in the field of international arbitrations. In light of a new Bill currently before Parliament, all of this could now change.
In an effort to counter such trends, overcome the difficulties with Australia's federal system and in a bid to promote Australia as a centre for international arbitration and dispute resolution, the International Arbitration Amendment Bill 2009 was introduced into Parliament on 25 November 2009, following the Commonwealth Government's year long review of international commercial arbitration in Australia.
via Legal update: Australia’s position as an International arbitration centre to be enhanced – Deacons.
