Arbitrator's Outlook
Dispute Resolution Mechanisms in Attracting Foreign Investment
In the journey to attract high-quality foreign direct investment (FDI), it is no longer just about geographic advantages, low labor costs, or tax incentives. An increasingly indispensable factor is the presence of an effective, fair, and internationally enforceable dispute resolution mechanism.
The Role of Women in Arbitration: A Case for Gender Equality in Kazakhstan
The differences between men and women have been acknowledged as a fundamental aspect of human existence, with various implications across different fields. While certain sectors, such as sports or physical labor, may highlight these differences more prominently, other domains, particularly those involving professional dispute resolution, should prioritize equality over gender-based distinctions.
Development of Commercial Arbitration in Vietnam: Benefits from an Economic and Legal Training Perspective
In September 2024, BritCham Vietnam organized the Loseby Lecture 2024 in Hanoi and Ho Chi Minh City, with the theme "Development of Commercial Arbitration in Vietnam: Benefits from an Economic and Legal Training Perspective." The Loseby Lecture 2024 was delivered by Dr. Dang Xuan Hop, Chairman of Hop Dang’s Chamber. With the permission of the organizers and the author, VTA is honored to present the full text of this inspiring lecture.
Sourcing and Appointment of Experts
This paper is an extension of the author’s presentation given at BICAM during Borneo ADR Week 2024 on July 15th, 2024. The presentation focused on ‘Sourcing and Appointment of Expert Witnesses’. In this paper, we will discuss internationally recognized standards for the appointment of experts by the tribunal or parties in international arbitration. We will not address expert-arbitrators or expert determinations.
An Important Step in the Development of Arbitration in Kazakhstan
Recently, a significant event occurred for the advancement of arbitration as an alternative means of dispute resolution in Kazakhstan. On September 13, 2024, the Constitutional Court of the Republic of Kazakhstan adopted Normative Resolution No. 51-НП «On the Compliance of Paragraph 3 of Article 52 of the Law of the Republic of Kazakhstan on Arbitration dated April 8, 2016, with the Constitution of the Republic of Kazakhstan.»The Court established that «the definition in the law of the legal boundaries beyond which the courts of the Republic of Kazakhstan are not entitled to review arbitration decisions, as stipulated in Paragraph 3 of Article 52 of the Arbitration Law, does not contradict Paragraph 2 of Article 13 of the Constitution.»Furthermore, «the Constitutional Court does not see any signs of violation of the equality of rights and freedoms of individuals in equal conditions and legal situations, and therefore considers that Paragraph 3 of Article 52 of the Arbitration Law complies with Paragraph 1 of Article 14 of the Constitution.»Thus, the Constitutional Court has clearly established that arbitration decisions must be enforced by the courts of the Republic of Kazakhstan and cannot be substantively reviewed beyond the legal boundaries set by law.
THE ADVANTAGES OF COMMERCIAL DISPUTE RESOLUTION THROUGH COMMERCIAL ARBITRATION
TCFM - In Vietnam, when business disputes arise, most companies resort to court proceedings, which increases the pressure on the courts due to the rising number of cases. This often leads to prolonged dispute resolution, causing businesses to lose valuable time and, in some cases, harming their reputation and brand in the market. The Corporate Finance Magazine had a conversation with Mr. Pham Xuan Sang, Arbitrator and President of the Vietnam Traders Arbitration Centre (VTA), to discuss the advantages of resolving business disputes through commercial arbitration.