Compatibility, Novelty, Practical Corollary? A Collective Analysis of the Prague Rules

By Vladimir Khvalei, Laurence Ponty, Juan Pablo Valdivia Pizarro, Andreea I. Nica and Maria Teder


Introduction

The following article is the result of a collective project, carried out by one of the groups of the Young ICCA Mentoring Programme, comprised of Juan Pablo Valdivia Pizarro,[1] Andreea I. Nica[2] and Maria Teder,[3] as Mentees, Vladimir Khvalei,[4] as Mentor, and Laurence Ponty, as Buddy.[5]

With the benefit of Vladimir Khvalei being one of the drafters of the Prague Rules (or the “Rules”), the group chose to address this hot topic to contribute to the lively (and sometimes passionate) debates, which the Rules have triggered even way before their launch in December 2018. Further, given the concentration of the discussion on the legal background underlying the Rules (the civil law and more inquisitorial approach) and the potential tensions with the common law culture approach, the analysis of the Prague Rules by a group representing a large variety of nationalities and jurisdictions,[6] sounded particularly relevant.

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The Mareva injunction and its story of expanding horizons

By Mahasweta Muthusubbarayan, Final year B.A. LL.B. student at ILS Law College, Pune, India

A Mareva injunction or a freezing injunction is a form of ad personam interim relief, which is usually sought during the pendency of court or arbitration proceedings or once the proceedings are completed and a verdict is rendered, but before the judgement/award is enforced and executed. This form of injunction is essentially sought by a claimant or judgement/award creditor against a respondent or judgement/award debtor, to prevent the latter from dispersing his assets otherwise than in the ordinary course of business, so as to ensure that the enforcement of a judgement or arbitral award is not defeated. Unlike a regular injunction, a freezing injunction covers even those assets which are not necessarily a part of the subject-matter in dispute or those in which the claimant does not claim any direct right.

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Is It Possible to Halt A Constitutional Claim by Means of An Anti-Suit Injunction?

By Julio-César Betancourt, University of Salamanca and International Arbitration Law Clerk at 20 Essex Street

In international commercial arbitration, issues relating to the unconstitutionality of national law (or national legislation) are very rarely raised before the arbitral tribunal. Within a purely academic setting, Jan Paulsson once commented that “[t]here [was] nothing at all unorthodox about the proposition that international tribunals empowered to apply national law [are also entitled to] make plenary determinations about [its] constitutionality.” (J PAULSSON, International Arbitration Is Not Arbitration, (2008) 2 Stockholm International Arbitration Review 18.)

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Arbitration in Guatemala: the admissibility of the amparo action regarding judicial assistance on jurisdictional matters

By Iosif Alexander Sosa, Student at Universidad Francisco Marroquín, Guatemala

The amparo is a constitutional action available in several Latin American countries by means of which a person can request the protection of her fundamental rights when an authority has violated or threatened to violate them. Because of the amparo’s broad scope, it can be used as a guerilla tactic in many of those jurisdictions, including Guatemala. This article addresses the Guatemalan Constitutional Court’s analysis on the admissibility of the amparo action on jurisdictional matters. Continue reading Arbitration in Guatemala: the admissibility of the amparo action regarding judicial assistance on jurisdictional matters

Online Arbitration in Theory and in Practice: A Comparative Study in Common Law and Civil Law Countries

By Dr. Jur. Ihab Amro (Assistant Professor of Private Law and a Practicing Lawyer and arbitrator, Ph.D., University of Athens Law School, Greece)

This post presents an overview of online arbitration (e-arbitration’) as part of online dispute resolution (‘ODR’) techniques from both theoretical and practical perspectives.

E-arbitration is a major component of online dispute resolution (‘ODR’) in which parties can solve any dispute arising out of their contractual relationship online. E-arbitration is mainly used for the resolution of Business to Business (‘B2B’) cross-border e-commerce disputes, and partially used for the resolution of traditional cross-border commercial disputes. Continue reading Online Arbitration in Theory and in Practice: A Comparative Study in Common Law and Civil Law Countries