International Commercial Arbitration in Cyberspace: Recent Developments

This article examines some features of virtual arbitration and argues that the use of new technology and the development of e-commerce raise some interesting questions to international arbitration laws. Part It describes initiatives to develop online dispute resolution. Part III discusses virtual dispute resolution centers, including, how, why, and where they function. More importantly, however, Part III investigates the differences between online and off-line arbitration, where the focus remains on three questions. The first question is a crucial one. It has been debated by scholars and practitioners but still remains unresolved: will arbitration agreements concluded online and arbitration awards rendered online meet the formal requirements of the Convention on Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) and enjoy the benefits of worldwide enforcement? 6 The second question probes how flexible international commercial arbitration is as a process: does online arbitration retain all the advantages traditional arbitration had over litigation? Finally, the third question asks whether these online commercial disputes are really something new

Dispute Resolution Strategies in Trade Agreements Endorsed by the EU: CEFTA Experience

[From the introduction]. This article examines the development of the DRM in the Central European Free Trade Agreement (CEFTA), concluded in 1992 among the so-called Visegrád countries (Hungary, Poland, the Czech Republic and Slovakia).14 The EU’s support was instrumental in the creation of CEFTA and in the facilitation of the further economic integration of the region during the pre-accession process leading to the EU membership. The EU encouraged and inspired CEFTA, indirectly, by providing an institutional model for integration, and directly, by concluding special association agreements to establish free trade areas with CEFTA countries

Supervening illegality and international commercial arbitration

This thesis examines states\u27 influence—in the form of supervening illegality, or subsequent changes in legislation—on international commercial transactions. The topic will be examined with reference to the major world legal systems and international law and practice. A large number of international transactions are carried out under the complex terms of government intervention. However, from the present doctrinal concepts, statutory frameworks, and judicial and arbitral practice, it is possible to infer that no absolute protection from state and government intervention exists as such. The problem of frustration of contracts, as framed in all national jurisdictions and explained in fairly detailed legal theory, does not presently have any uniform remedy for parties in international trade. The study begins with a brief comparative survey of the terminology that will be used in the thesis and then moves to related general principles and theories of contract law in civil and common law countries: party autonomy, public policy, force majeure, frustration, state immunity, state sovereignty, etc. Next, it examines the status of contractual parties in international transactions within the context of changed circumstances. The inquiry includes judicial and arbitral practice related to supervening illegality. Several countries\u27 statutory frameworks with regard to force majeure, frustration, remedial modalities, and arbitration will be introduced as well. Finally, a wide variety of international trade contracts will be examined in order to illustrate present contract drafting techniques. In the conclusion, this thesis advocates efficient and equitable adjustment of contracts and allocation of risks of loss from nonperformance caused by supervening illegality. This would be based on careful drafting of force majeure and arbitration clauses. In order to protect and ensure their interests, parties are advised both on how to define the right to adjust or terminate the contract and on the circumstances under which they could rely on that right

Biotransformation of fusidic acid and its related derivatives by Streptomyces lividans

As shown in previous studies Streptomyces lividans enzymatically inactivates fusidic acid by specific esterase FusH giving rise to the 16ß-OH derivative, which sponaneously converts to the lactone.in this work it was shown that S. lividans further modifies fusidic acid and both derivatives, which resulted in several new related substances. The two intermediates (La, Lb) were isolated from the culture filtrate of S. lividans, which was grown in the presence of fusidic acid. The differences in their chemical structures indicate the involvement of multiple enzyme reactions related to hydroxylation, hydration, dehydrogenation and isomerization. Several enzymes were identified and two of them (FusG, FusB) were partially characterized. According to their characteristics and the structures of isolated intermediates, the identified enzymes which are involved in biotranformation are conceivably related to the ones implicated in ß oxidation. The biotransformation of fusidic acid and its derivatives by S. lividans is so far unique, since characterized substances La and Lb have not been found in either fusidic acid-producing or fusidic acid-resistant microorganisms

Court intervention in arbitral proceedings in countries adopting the uncitral model law on international commercial arbitration : an impact of legal culture on reception (case studies of Canada, Hong Kong and Russia)

This thesis explores problems regarding the reception the UNCITRAL Model Law on International Commercial Arbitration (ML) in Canada, Hong Kong and Russia. Focusing on the relationship between national courts and arbitrators, it argues that the ML fosters gradual harmonization of law on international arbitration, while accommodating the particular needs of the legal cultures and traditions of Canada, Hong Kong and Russia. The importance of this study derives from the fact that the experience of these three countries has been, and it still is, a guide for a number of other countries considering the adoption of the ML and modification of their arbitration laws. First, the thesis explores the implementation of the ML at the national level, in each of the countries of adoption in order determine, the legal changes, if any, brought about by the adoption. The hypothesis is that legal borrowing can lead to different results in countries with different legal traditions, different levels of economic development and different political structures. At this level the analysis focuses on statutory frameworks and judicial practice in these countries. Second, the thesis compares the results from the study at the national level in order to explore the ways in which the same pattern (that is, the ML) has been modified to reflect the socio-economic environment and principles of old systems, and to determine changes to the original model. The hypothesis is that arbitral tribunals are promoters of a new internationalized legal culture and that national judges and courts, in comparison, are more likely to reflect local or national legal cultures. The thesis concludes that variations in the application and interpretation of the M L in the three countries does not mean that the ML cannot bring about the harmonization of laws. However, the ML is not a transplantation or duplication of foreign law, but a project of reception. In that way, the ML serves as a basis for creativity, rather than representing the imposition of a new, and perhaps, inappropriate; legal culture

Supervening illegality and international commercial arbitration

This thesis examines states\u27 influence—in the form of supervening illegality, or subsequent changes in legislation—on international commercial transactions. The topic will be examined with reference to the major world legal systems and international law and practice. A large number of international transactions are carried out under the complex terms of government intervention. However, from the present doctrinal concepts, statutory frameworks, and judicial and arbitral practice, it is possible to infer that no absolute protection from state and government intervention exists as such. The problem of frustration of contracts, as framed in all national jurisdictions and explained in fairly detailed legal theory, does not presently have any uniform remedy for parties in international trade. The study begins with a brief comparative survey of the terminology that will be used in the thesis and then moves to related general principles and theories of contract law in civil and common law countries: party autonomy, public policy, force majeure, frustration, state immunity, state sovereignty, etc. Next, it examines the status of contractual parties in international transactions within the context of changed circumstances. The inquiry includes judicial and arbitral practice related to supervening illegality. Several countries\u27 statutory frameworks with regard to force majeure, frustration, remedial modalities, and arbitration will be introduced as well. Finally, a wide variety of international trade contracts will be examined in order to illustrate present contract drafting techniques. In the conclusion, this thesis advocates efficient and equitable adjustment of contracts and allocation of risks of loss from nonperformance caused by supervening illegality. This would be based on careful drafting of force majeure and arbitration clauses. In order to protect and ensure their interests, parties are advised both on how to define the right to adjust or terminate the contract and on the circumstances under which they could rely on that right

International Good Governance Norms between the Global and the Local: China, Transparency, and Accountability

We are facing uncertain and rapidly changing times. Forces of globalization have accelerated with advances in technology and communication, just as resurgent authoritarian states led by China and Russia have sought to reassert the centrality of the sovereign state. The rules-based world trading order is facing challenges from isolationist and protectionist forces spearheaded by populist leaders such as President Donald Trump in the United States

Court intervention in arbitral proceedings in countries adopting the uncitral model law on international commercial arbitration : an impact of legal culture on reception (case studies of Canada, Hong Kong and Russia)

This thesis explores problems regarding the reception the UNCITRAL Model Law on International Commercial Arbitration (ML) in Canada, Hong Kong and Russia. Focusing on the relationship between national courts and arbitrators, it argues that the ML fosters gradual harmonization of law on international arbitration, while accommodating the particular needs of the legal cultures and traditions of Canada, Hong Kong and Russia. The importance of this study derives from the fact that the experience of these three countries has been, and it still is, a guide for a number of other countries considering the adoption of the ML and modification of their arbitration laws. First, the thesis explores the implementation of the ML at the national level, in each of the countries of adoption in order determine, the legal changes, if any, brought about by the adoption. The hypothesis is that legal borrowing can lead to different results in countries with different legal traditions, different levels of economic development and different political structures. At this level the analysis focuses on statutory frameworks and judicial practice in these countries. Second, the thesis compares the results from the study at the national level in order to explore the ways in which the same pattern (that is, the ML) has been modified to reflect the socio-economic environment and principles of old systems, and to determine changes to the original model. The hypothesis is that arbitral tribunals are promoters of a new "internationalized" legal culture and that national judges and courts, in comparison, are more likely to reflect local or national legal cultures. The thesis concludes that variations in the application and interpretation of the M L in the three countries does not mean that the ML cannot bring about the harmonization of laws. However, the ML is not a transplantation or duplication of foreign law, but a project of reception. In that way, the ML serves as a basis for creativity, rather than representing the imposition of a new, and perhaps, inappropriate; legal culture.Law, Peter A. Allard School ofGraduat

Court intervention in arbitral proceedings in countries adopting the uncitral model law on international commercial arbitration : an impact of legal culture on reception (case studies of Canada, Hong Kong and Russia)

This thesis explores problems regarding the reception the UNCITRAL Model Law on International Commercial Arbitration (ML) in Canada, Hong Kong and Russia. Focusing on the relationship between national courts and arbitrators, it argues that the ML fosters gradual harmonization of law on international arbitration, while accommodating the particular needs of the legal cultures and traditions of Canada, Hong Kong and Russia. The importance of this study derives from the fact that the experience of these three countries has been, and it still is, a guide for a number of other countries considering the adoption of the ML and modification of their arbitration laws. First, the thesis explores the implementation of the ML at the national level, in each of the countries of adoption in order determine, the legal changes, if any, brought about by the adoption. The hypothesis is that legal borrowing can lead to different results in countries with different legal traditions, different levels of economic development and different political structures. At this level the analysis focuses on statutory frameworks and judicial practice in these countries. Second, the thesis compares the results from the study at the national level in order to explore the ways in which the same pattern (that is, the ML) has been modified to reflect the socio-economic environment and principles of old systems, and to determine changes to the original model. The hypothesis is that arbitral tribunals are promoters of a new internationalized legal culture and that national judges and courts, in comparison, are more likely to reflect local or national legal cultures. The thesis concludes that variations in the application and interpretation of the M L in the three countries does not mean that the ML cannot bring about the harmonization of laws. However, the ML is not a transplantation or duplication of foreign law, but a project of reception. In that way, the ML serves as a basis for creativity, rather than representing the imposition of a new, and perhaps, inappropriate; legal culture