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Select specific jurisdictions to filter on. Alternatively select no jurisdictions and select questions below to see all jurisdiction answers for them.
Select specific questions to filter on. Alternatively select no questions and select jurisdictions above to see all question answers for them.
Which legislation governs the enforcement of international commercial arbitration awards and arbitral agreements in international business contracts, and international commercial arbitration proceedings?
Has the UNCITRAL model arbitration law been adopted in your jurisdiction?
Is your jurisdiction a party to both the New York Convention and the Panama Convention? Is it a party to any other conventions or treaties governing international commercial arbitration agreements, awards or proceedings?
Is your jurisdiction a party to the ICSID Convention? Have steps been taken to renounce the Convention or withdraw from ICSID?
Is your jurisdiction a party to other conventions that directly affect the enforceability of arbitration agreements, rights or awards?
Some jurisdictions have permitted parties to compel resolution of a dispute by means of arbitration only if the agreement to arbitrate was entered into after a dispute has arisen. Is a pre-dispute arbitration clause to resolve international commercial disputes by arbitration enforceable?
What are the requirements for an enforceable arbitral agreement?
Is there subject matter that is not legally subject to arbitration in the context of an international business transaction?
Are there any limits to the ability of a state or an instrumentality of the state to enter into an agreement to arbitrate in your jurisdiction? If so, under what circumstances may the state or its instrumentalities enter into such an agreement? Please describe the requirements that must be met for the state to enter into a binding arbitration agreement.
Does the law specify whether an arbitration will be in equity or under law if the parties do not expressly specify the nature of the arbitration in the agreement?
How does the law limit party autonomy with respect to the terms of an arbitral agreement?
Under what circumstances does the law allow a non-signatory to an arbitral agreement to pursue a claim in an international arbitration against a party that signed the arbitral agreement?
Under what circumstances does the law allow a signatory to an arbitral agreement to pursue a claim in an international arbitration against a party that did not sign the arbitral agreement?
Under what circumstances may a non-signatory to an arbitral agreement compel arbitration of a claim asserted against it in a court of law by a signatory of the arbitral agreement?
Is there any law in your jurisdiction specifically governing the arbitrability of consumer or labour disputes?
Does your jurisdiction provide for class-action arbitration or group arbitration? If so, are there any limitations to the arbitrability of such claims or requirements that must be met before such claims may be arbitrated?
Are contractual waivers precluding arbitration of claims on a class-wide basis enforceable? Under what circumstances have such waivers been upheld or set aside by the courts?
If the parties’ contract is silent on the issue of class-action arbitration, is class-action arbitration allowed under the law of your jurisdiction?
Are foreign arbitral institutions without a physical presence in your jurisdiction authorised to administer arbitrations in your jurisdiction? Does the law require that a foreign institution be licensed under local law in order to administer an arbitration seated there?
Is an arbitral award issued in an arbitration seated in your jurisdiction under the auspices of a foreign institution (such as the ICC, ICDR, LCIA or similar institutions) vulnerable to challenge because it was issued under the auspices of a foreign institution?
Does the law require that arbitrators in international arbitrations be citizens or residents of your jurisdiction?
Does your law require that arbitrators in international cases be lawyers?
Does your jurisdiction provide immunity to arbitrators serving in an arbitration with its legal seat in your jurisdiction? Under what circumstances does such immunity apply or not apply?
Are the fees of foreign arbitrators serving in an arbitration seated in your jurisdiction subject to taxation?
Must arbitrators in international arbitrations be independent and impartial? What is the legal standard governing conflicts of interest and disclosure by arbitrators in international arbitrations?
Will courts entertain requests to disqualify an arbitrator before the conclusion of an award?
Does the law require that arbitral proceedings seated in your jurisdiction be held in a specific language?
Can foreign lawyers serve as advocates in arbitral proceedings in your jurisdiction? If so, can they do so alone or must a local lawyer serve as co-counsel?
Are the fees of foreign lawyers earned for services rendered in connection with an arbitration seated in your jurisdiction subject to local taxation?
In what circumstances, if any, does your law allow the consolidation of multiple arbitral proceedings into a single proceeding?
Please describe common practice and usage in international arbitrations seated in your jurisdiction with respect to a party’s right to require an opposing party to produce documents pertinent to the dispute.
Does the law impose a duty of confidentiality in arbitration? If so, on whom?
Does the law authorise third-party funding for international arbitration? Are there any ethical limitations imposed upon counsel to the parties that restricts the use of such funding?
Are there any mandatory national rules of professional ethics that apply to counsel in an international arbitration in your jurisdiction? If so, are those rules applicable to counsel from another jurisdiction participating in an arbitration in your jurisdiction?
Are there any mandatory rules on oath or affirmation for witnesses testifying in an arbitration in your jurisdiction that have to be administered prior to their testimony? If so, what are they?
Are there restrictions in your jurisdiction on the interviewing of witnesses in anticipation of hearings or giving of testimony?
Can arbitrators decide on their own jurisdiction? Is the principle of ‘Kompentenz-Kompetenz’ followed in the courts?
Do the courts follow the principle of the independence and separability of the arbitration clause?
Are arbitral tribunals empowered to grant interim relief? If so, how is that relief enforced in the courts?
Can arbitrators issue orders, subpoenas or use other legal processes to compel the production of evidence by a third party or compel a third-party witness to appear before them? If so, will a court lend its aid in enforcing such an order against a recalcitrant third party? Also, if arbitrators can issue orders, subpoenas or use other legal processes to compel the production of evidence by a third party or compel a third-party witness to appear before them, are there any limitations to their doing so?
Can a party to an arbitration seek relief from the court to obtain evidence in aid of an international arbitration? What is the scope of such relief?
Can a party in an international commercial arbitration seek interim or provisional relief from a court without first seeking relief from the arbitral tribunal?
Have the courts issued injunctions enjoining arbitral proceedings from going forward?
Does the law provide that post-award interest accrues on an unpaid arbitral award?
Is an arbitral tribunal empowered to award attorneys’ fees to the prevailing party or is that power reserved to the courts?
Is an arbitral tribunal empowered to award punitive or exemplary damages? Is the arbitral tribunal empowered to award interest?
What are the grounds for challenging or vacating an international award issued in an arbitration seated in your jurisdiction?
Is “lack of reasonableness”, manifest disregard or a mistake in the application of the substantive law to the dispute of an international award grounds to vacate it?
Have international awards rendered in your jurisdiction been vacated on the grounds of "public policy"? If so, how has the "public policy" ground for vacating an award been interpreted in your jurisdiction?
What is the period of time a party has to challenge such an award after its issuance?
Please describe any recent significant experiences or cases that illustrate the attitude of your courts towards the annulment of international awards rendered in your jurisdiction.
Do the courts consider themselves empowered to vacate an arbitral award rendered in another jurisdiction?
May parties waive all court review of an arbitral award rendered in your jurisdiction (or restrict or expand the scope of that court review)?
Please describe the process for enforcing an arbitral award rendered in another jurisdiction.
Assuming that the award is covered by a convention applicable in your jurisdiction, how long does it take to obtain an order of enforcement in the first instance? How long does it take for the enforcement process to run its full course through to the last instance?
Please compare how long it takes to enforce an arbitral award rendered abroad with how long it takes to domesticate a foreign judgment.
Please describe some significant recent experiences with the enforcement of foreign arbitral awards.
To what degree has “public policy” been a ground to refuse enforcement of an international award rendered abroad?
Can a foreign arbitral award be enforced if the award has been set aside by the courts at the seat of the arbitration?
Has your jurisdiction refused to honour an international arbitral award issued against the state or an instrumentality of the state in your jurisdiction? If so, please provide a brief explanation.
What is your view of the future of international arbitration and is the trend positive in your jurisdiction? What advice do you have with respect to dispute resolution for a foreign lawyer advising a foreign client contemplating entering into a business deal with a company from your jurisdiction?
Jose I Astigarraga
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