Recognition, enforcement and execution in international arbitration are important legal concepts to master as they determine the post-arbitral consequences of an arbitration award once it has been rendered. However, their distinction is often difficult and depends on the legal system in which they are sought. We will review their differences in the following sub-sections. Recognition […]
How to Choose an Arbitrator?
The arbitrator is perhaps the most important part of any international arbitration. Indeed, it has been said that the quality of an arbitration “cannot rise above the quality of the arbitrator.”[1] A good arbitrator will deal with your dispute rigorously and agreeably, producing a fair and predictable outcome in line with the law and the […]
Arbitration in Montenegro
This note provides an overview of Montenegro’s arbitration framework, exploring its legal basis, procedural aspects, and advantages. Background As a former federal republic of the ex-Yugoslavia, Montenegro was part of its legal framework. Yugoslavia founded the Foreign Trade Arbitration in Belgrade in 1947.[1] Although arbitration was first reserved only for disputes with foreigners, the system […]
Managing Sanctions in International Arbitration
Sanctions are economic and political measures used to restrict the actions of states, groups, or individuals, imposed either unilaterally or collectively. The UN Security Council, under the UN Charter, has the authority to impose sanctions to maintain international peace. The first such sanctions regime was established in 1968 in response to the power seizure in […]
Counsel Ethics in International Arbitration
In contrast to domestic judicial settings, where counsel adhere to a single set of clearly defined rules governing acceptable ethical conduct, for counsel in international arbitration, the situation is less straightforward. The conduct of party representatives in international arbitration may be governed by a variety of diverse and potentially conflicting rules and norms, and it […]