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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Most construction projects are undertaken with the incentive of some form of profit which in business attracts disputes that key disputing parties intend to resolve through mechanisms such as arbitration as early as possible so that they may advance with other activities associated with the project. However, this intention is regularly unfulfilled, disappointing the parties with late arbitration resolution. This study, therefore, explored the duration influencing factors (DIFs) facing arbitration practice in the Tanzania construction industry.

A concurrent convergence mixed methods approach was used where a total of 12 DIFs were identified from the literature, and data were then collected from 39 construction arbitrators, 8 semi-structured interviews and 4 documentary reviews. Descriptive and inferential statistics were employed for quantitative data and directed content analysis for the qualitative data.

Results show that contrary to most people’s convictions, delays in arbitration are regularly caused by the disputing parties rather than the arbitrating party or the authority. The study identified cooperation amongst the tribunal parties, poor accuracy and submission of documents and material evidences, late payment of arbitration fees, and skills, experience, reputation and profession of the arbitrator to be the most critical factors that cause late arbitration resolution.

The use of mixed methods concurrent triangulation convergence approach provides a unique contribution to knowledge by highlighting how the efficacy of arbitration in time performance could be further developed through understanding the critical factors that drive the proceedings duration in the Tanzania construction industry.

The purpose of this paper is to focus on some of the issues and problem of implementation of foreign arbitral awards in Bangladesh.

Based upon theoretical sources and empirical data, the legal provision concerning the enforcement of foreign arbitral awards was studied and the case‐law invoking the Arbitration Act 2001 discussed.

The finding of this research is to present the new framework of arbitration law in Bangladesh which came into force 10 April 2001 and discuss the legislative provision in the face of increasing foreign investment in Bangladesh in various sector.

The principal objectives were to study the general context of the arbitration mechanism in international commercial disputes.

The rationale for arbitration in international commercial disputes and the imperatives for resorting to arbitration as a tool for alternative dispute resolution are discussed.

This paper is an attempt to analyze how a foreign arbitral award is enforceable in Bangladesh and to what extent the recent legal development is effective in resolving international commercial disputes.

The purpose of this study is to provide a firsthand perspective on the challenges and risks that can arise in arbitration proceedings.

To investigate the concrete methods money launderers use, a qualitative study was conducted with 10 alleged money launderers and 18 prevention experts. The results were then tested quantitatively, and it was concluded that among money launderers, the highly regulated financial sector is less popular than other sectors.

Money launderers relocate to unregulated sectors or offshore banks to avoid being questioned by compliance officers. Therefore, it is necessary for arbitrators involved in commercial or investor–state arbitration to have the expertise to readily identify the issues raised by these criminal law concepts and provide answers.

This paper examines the intersection between the areas of international commercial arbitration and money laundering, bribery, as well as embezzlement. At the same time, it draws attention to the need to analyze compliance issues in arbitration proceedings.

In 2011, the new Arbitration Ordinance took effect in Hong Kong. This paper aims to discuss the new features on maritime arbitration.

The relevant provisions of the Arbitration Ordinance 2011 and the legal cases are examined.

Hong Kong is a first class maritime arbitration centre in the Asia Pacific Region.

This paper is one of the very few general reviews of the maritime arbitration under the Arbitration Ordinance 2011.

The case deals with the issues of technology transfer and protection of intellectual property in an international contract, with the International commercial arbitration as the dispute resolution method. The case highlights the distrust between parties when they do not want to continue doing business together and the use of legal technicalities to delay the matter from settling and utter confusion due to international nature of contract, multiple court proceedings in different countries and even questioning the status of the contract – whether a concluded contract or not.

This paper aims to examine two issues: whether provisions on frivolous claims in the European Union (EU)–Vietnam Investment Protection Agreement (EVIPA) would be Vietnam’s intrinsic demand, and to what extent, Vietnam may enjoy the benefits from these provisions.

This paper combines both doctrinal legal analysis and policy research. It offers an in-depth case study of the provisions on frivolous claims in the EVIPA, compares them with those of other existing international investment agreements and arbitrations rules, examines how similar provisions in these instruments are interpreted in available practical international investment disputes, uncovers the Vietnam’s position through interviewing Vietnamese senior experts, who were members of the Vietnamese delegation negotiating the EVIPA, and through available collected data and then evaluates whether these provisions may be favourable to this country.

While the new investor-state dispute settlement (ISDS) mechanism in the EVIPA can be viewed as explicit evidence of the EU’s achievement, it may also be Vietnam’s benefits to entertain new ISDS provisions on frivolous claims. They were drafted, based on the ISDS arbitration practice, states’ experience and actual situations in Vietnam. These novel provisions, among other things, serve as Vietnam’s prerequisites to consider whether to accept the new two-tier standing mechanism or not. The inclusion of such ISDS provisions in the EVIPA, therefore, is supposed to meet the Vietnam’s intrinsic demands for defending against unfounded frivolous cases.

This is the first time the EU concluded an investment treaty containing innovative ISDS provisions with a developing country. This paper therefore may help envisage Vietnam’s perspective during its negotiation of provisions on frivolous claims in the EVIPA and prove that the avails of these provisions to a frequent respondent State like Vietnam can be realised. The paper’s findings mean for research in investment law as well as for policymakers as far as the frivolous cases are concerned.

The purpose of this article is to provide a critical analysis of court decisions on what amounts to a dispute that may be referred to adjudication under the Housing Grants, Construction and Regeneration Act 1996.

Legal research methods were followed. The first stage entailed a review of relevant literature. Reports of court decisions were then studied to identify cases involving litigation on what amounts to a dispute. A total of 26 cases, going back to 1965, were identified. Each case was then analysed to extract the applicable legal principles, particular attention being paid to clarity and consistency with not only other cases but also the policy underlying the relevant legislation.

Until only recently, first instance judges adopted the one or the other of two opposing approaches to the question, thereby causing considerable litigation. The Court of Appeal has twice approved a flexible approach based on the principle that a dispute arises only after a party has been given reasonable opportunity to consider the other party's claim and has rejected it expressly or by implication.

The novelty and global spread of adjudication lends the article considerable originality and value. Its main value is in the guidance it provides as to the principles that the court is likely to apply in answering the question whether a dispute capable of being referred to arbitration or adjudication exists. It is hoped that knowledge of these principles will reduce litigation on this issue.

The Court of Arbitration for Sport (CAS), created by the International Olympic Committee (IOC) in 1983, resolves disputes between athletes and national or international sports governing bodies. The purpose of this paper is to critically examine the history and functions of CAS, with a particular focus on the ways in which athletes’ rights are threatened by the IOC’s Code of Sports-Related Arbitration.

The author reviews relevant law literature and media sources.

The concept of lex sportiva (global sport law), general arbitration practices and controversies concerning CAS’s impartiality are investigated, and the “strict liability” principle that CAS applies to doping allegations is assessed. This analysis points to a long record of inconsistencies and contradictions in the history and function of CAS. The findings lead to questions of arbitration or litigation; confidential or public proceedings; specialist or generalist arbitrators; lex sportiva or international legal principles; precedential or non-precedential awards; and civil or criminal burden of proof.

These unresolved issues demonstrate how the IOC struggles to maintain supremacy over world sport by promoting sport exceptionalism, and provide possible grounds for athletes’ future challenges to CAS.

The debate over pre‐dispute arbitration agreements for employment cases continues, despite the recent ruling from the Supreme Court. This article looks at this issue with a particular view towards the securities industry. It discusses several factors that employers should weigh when deciding how to proceed.