Khaled H Chowdhury’s Post

⚖️ Setting Aside of Iran National Awards ⚖️ In Iran, the approach to setting aside national arbitral awards differs between domestic and international awards. For domestic awards, Article 489 of the Iran Civil Procedure Act specifies the grounds for annulment, which include conflicts with laws establishing rights, issues related to arbitrator authority, and procedural irregularities. On the other hand, setting aside of international awards are governed by Article 33 of the Iran Law on International Commercial Arbitration (LICA), which allows for setting aside on grounds such as invalid arbitration agreements, party’s legal incapacity, and non-compliance with procedural requirements. 📍 Understanding these distinctions is crucial for effective dispute resolution in Iran and can help parties better protect their interests in arbitration. ⬇️ To read more about the grounds for setting aside awards, please visit:   https://lnkd.in/dYzJNxC2 #IranLitigation #IranLawFirm #IranianLaw #RezvanianInternationalLawFirm #Arbitration #IranArbitration #LegalConsultation #IranLegalInsight #DisputeResolution

🕒 Time limitation in Iran Arbitration 🕒   Time limit for rendering arbitration award under the Note of Article 484 of Civil Procedure Code is three months. This limit can be extended by party agreement; however, its strict enforcement often leads to complications, especially if a party employs delaying tactics, which could result in the annulment of the award if not adhered to.   In contrast, in international commercial arbitration, due to Iran Law on International Commercial Arbitration(LICA) does not impose any time limitations on arbitrations. Moreover, in institutional arbitrations, the rules require that the Arbitral Tribunal should draft a time schedule for the conduct of the proceedings, which offers some flexibility in managing the arbitration process.   ⬇ Read the full blog on our website at the following address: https://lnkd.in/dAzC2Z96 (https://lnkd.in/dAzC2Z96)     #IranArbitration #Iran #Arbitration #InternationalCommercialArbitration #IranLawFirm

Analysis and critique of Article 34, Section 3 of International Commercial Arbitration Law regarding the Setting aside of Immovable Property  Rahim Pilvar1 , Soroush Safizade2 1. Associate Professor, Department of Private Law, Faculty of Law, University of Tehran (Farabi College), Qom, Iran, Email: rahimpilvar@ut.ac.ir Soroush Safizade 2. PhD Student, Private Law, Faculty of Law, University of Tehran (Farabi College), Qom, Iran, Email: safizade.soroush@ut.ac.ir DOI: 10.22059/JLQ.2024.345606.1007693 Keywords: #Setting aside the Arbitral award, #Conflict of the Arbitral Awards with the Notarial Act, #Conflict of the Arbitral Awards with the Public Order, #Non-Arbitrability of Real Rights, #Law of International Commercial Arbitration. https://lnkd.in/eTCpJHnT

For everyone in Latvia who regularly ponders possible dispute resolution venues for their transactions, I am pleased to invite you to an expert discussion on the reform of arbitration law in Latvia, which I will be moderating. The event is scheduled for April 18, 2024, at 10:00 AM. The session aims to bring together diverse perspectives to examine the current state of arbitration law in Latvia and explore the potential impact of the reform. #arbitration #choiceofcourt #sorainen #šķīrējtiesa

⚖️ Evidence plays an integral part in any arbitration proceedings and is a crucial element on which arbitration tribunal rely on when issuing their arbitration award. The general principle under the Egyptian Arbitration Law, is that arbitral tribunals have significant power to govern the procedural aspect of the arbitral proceedings. Sherif Maher and Mohamed El Mahdy participated in The Legal Industry Reviews recent #Egypt publication where they shared their insights on the general principles of Egypt's Arbitration Law. Learn more: https://bit.ly/3MUVyAE #Arbitration

PREDICTABILITY v. FLEXIBILITY: Section 64 of the Arbitration and Mediation Act 2023 📝 Last Thursday, I attended an enlightening seminar organized by the Nigerian Chambers of Commerce Dispute Resolution Center. The seminar, themed "Empowering Arbitration: Assessing the Impact of the Arbitration and Mediation Act 2023 (the Act) on Judicial Support for Arbitration in Nigeria," featured a panel of experts who answered several questions regarding the Arbitration and Mediation Act. ✨ The discussion on Section 64 of the Act particularly stood out for me. This section restricts court intervention in arbitral proceedings to only those instances expressly permitted by the Act. As emphasized by the panel, this provision is designed to ensure predictability in court interventions related to arbitration. However, the panel also noted the necessity for flexibility in applying this section. While the Act enumerates specific situations where court intervention is allowed to support arbitral proceedings, the experts noted that circumstances unforeseen in the Act might arise where court intervention is essential to prevent the abuse of arbitral proceedings. Thus, while Section 64 has been praised for the predictability it introduces, the need for flexibility remains crucial. Balancing predictability with flexibility is key to promoting efficiency in arbitration and positioning Nigeria as an arbitration-friendly seat. 👨⚖️ #Arbitration #ADR #disputeresolution #BBaC #NCCDRC #law

Delving into the World of Alternative Dispute Resolution (ADR) I’m thrilled to share the introduction of my latest exploration into Alternative Dispute Resolution (ADR) — an evolving approach that reshapes how conflicts are resolved outside traditional courtrooms. This document traces ADR's ancient origins with the Sumerians and Greeks, examines its diverse methodologies like negotiation, mediation, arbitration, and more, and evaluates its integration into Pakistan's legal landscape, harmonizing English and Islamic jurisprudence. 💡 Key Highlights: 🌍 Historical Roots: Discover ADR practices from ancient civilizations, like Sumerian mediation and Greek arbitration acts. ⚖️ Modern Frameworks: Analyze the mechanisms, benefits, and limitations of negotiation, mediation, arbitration, conciliation, and hybrid approaches. 🇵🇰 Pakistan’s Perspective: Explore the unique amalgamation of ADR with Islamic principles in addressing contemporary legal challenges. In a world where time, cost, and efficiency matter more than ever, ADR stands out as a beacon of innovation in delivering justice. 🔗 Stay tuned for more insights as we continue to explore the power and potential of ADR to reshape our legal systems! #ADR #AlternativeDisputeResolution #LegalInnovation #Mediation #Arbitration #AccessToJustice #LegalResearch Adil Aziz Qazi The Society of Mediators IDI - INTERNATIONAL DISPUTE RESOLUTION INSTITUTE HELP TO SMILE Barrister Zopash Khan

The Johannesburg High Court delivered a notable judgment clarifying the limits of contractual freedom in arbitration clauses within commercial agreements. The ruling highlights the importance of understanding South Africa's legal framework governing arbitration, specifically in relation to the High Court’s power to adjudicate appeals of arbitral awards. Jason Hunter provides some key insights on this topic in today's Top Tip Tuesday. #Arbitrations #CommercialLaw #SouthAfricanLaw #ContractualAgreements #ArbitrationAwards #LegalInsights #RelevantResponsivePractical https://lnkd.in/dJ_BQsNU

What I find really fascinating about international arbitration law is the diversity of the grounds for setting aside arbitral awards in different jurisdictions. Thus, for example, the Belgian and the French law recognize insufficient reasoning as a ground for setting aside the award. Meanwhile, in the UK insufficient reasoning serves only as a ground for the court to order the tribunal to state the reasons for its award in sufficient detail for that purpose. So, when a French or a Belgian court annul the award, the British one would just send a homework for the tribunal... For more details: -Article 1717 (3) (iv) of the Belgian Judicial Code -Article 1492 of the French Code of Civil procedure -Section 70 of the UK Arbitration Act 1996 #arbitrationlaw

Share your opinion in our sixth International Arbitration survey in collaboration with Queen Mary University of London. What are the advantages of using international arbitration to resolve disputes involving matters of public interest? Access the survey here: https://whcs.law/3NhRdYt #arbitration #suvery #disputeresolution