García & Bodán’s Post

Mastering the 3-Member Tribunal Challenge in Arbitration ⚖️🔥 Explore the intricate dynamics of creating a 3-member tribunal in international arbitration! Learn about the potential deadlocks, selection processes, and how to ensure a fair resolution even when parties are at odds. The insights could redefine your understanding! #Arbitration #TribunalFormation #LegalInsights #ConflictResolution #InternationalLaw #FairProcess #LegalChallenges #DisputeResolution #ArbitrationStrategy #Lawyers

𝗕𝘂𝘀𝗶𝗻𝗲𝘀𝘀 𝗗𝗶𝘀𝗽𝘂𝘁𝗲? 𝗚𝗼𝗶𝗻𝗴 𝗴𝗹𝗼𝗯𝗮𝗹 𝗯𝘂𝘁 𝗳𝗮𝗰𝗶𝗻𝗴 𝗮 𝗱𝗶𝘀𝗮𝗴𝗿𝗲𝗲𝗺𝗲𝗻𝘁? Don't get caught in court! Arbitration offers a private, efficient way to settle cross-border business conflicts. But which type is right for you? Domestic vs. International Arbitration: ⚖️ 👉 Domestic handles disputes within a single country's legal system. Great for straightforward issues. 👉 International tackles conflicts with parties from different countries. Flexibility is key! Still unsure? Swipe to see the key differences in rules, enforcement, and more! ➡️ #InternationalArbitration #DomesticArbitration #LegalDisputeResolution #ArbitrationAgreements

Third parties outside the #arbitration agreement may participate and join themselves into the arbitral process, if they have related interests and their participation is agreed to by the parties in #dispute and by the arbitrator or arbitral tribunal hearing the dispute. Art. 30 of Arbitration and ADR Law #leksnco #aspiredtoresolvedispute #arbitrationagreement

The answer is... Neutral. 😊 In order for international commercial arbitration to occur, it must be done within a neutral country that has no stake in the legal issue. #APLegal #LegalAdvice #LegalSolutions #LegalExperts #LegalServices #CorporateMatters #CorporateLaw #InternationalCommercialArbitration

Arbitration is generally perceived as a faster and more cost-effective alternative to traditional litigation. However, especially in the international context, this is not always the case. In fact, international arbitration may be more expensive and time-consuming than traditional litigation. This is particularly likely when parties have disputes over complex and high-value matters. Especially since the award itself will likely yield additional litigation over its enforcement. Click the link in the comments to read more!

In statutory arbitration, consent to arbitrate isn’t based on a direct agreement between parties; instead, it’s established by law. Here’s two ways to “perfect” consent in statutory arbitration (drawing on the principles of Investor-State arbitration): Legislative mandate - The statute itself acts as a substitute for a traditional arbitration agreement, mandating arbitration for specific disputes without requiring individual consent. Implied consent - Parties operating under a statute implicitly accept all its terms, including arbitration, just by engaging in activities governed by that statute. #StatutoryArbitration #DisputeResolution #ConsentInLaw #ArbitrationLaw #LegalFramework #LegislativeMandate #ImpliedConsent #LegalInsight #IndianLaw #ADR #InvestorStateDisputes #InvestorStateArbitration

Some useful practical points It's crucial to review the law of the country where the arbitration award is issued. In most cases, the courts in that country have jurisdiction to handle any requests to annul the award. Therefore, check the arbitration laws of the country before finalizing the place of arbitration.

We are excited to announce that Dmitri Evseev, a distinguished arbitrator with over a decade of experience, will be speaking at the Swedish Arbitration Association Days 2025 in #Stockholm. Dmitri will join a panel discussion on "Obtaining Digital Evidence/Information" will feature esteemed speakers including Pirrka Pöldvere LEADELL Law Offices, Matthew Toma Burford Capital, Shirin Saif Roschier. This year's theme, "Information in Arbitration," will be explored through six panels, each looking into various aspects relevant to #internationalarbitration practice. #SwedishArbitrationDays #InternationalArbitration #DigitalEvidence #LegalTech #ArbitraInternational #Arbitrators

The arbitral #hearings of the dispute shall be done by written documents. Verbal hearings may be conducted with the approval of the parties or if deemed necessary by the #arbitrator or arbitral #tribunal. Art 36 para (1) and (2) of ADR and Arbitration Law #leksnco #aspiredtoresolve

If you're leading a business with international #contracts, this is a must-read. FBFK's Ekaterina Long spells out legal considerations to consider global contract resolutions in a recent article for the Institute for Transnational Arbitration. #FBFKLaw #disputeresolution #contractresolution #arbitration