Recent Publications

There Should be an Answer to § 1782(a) – as to whether its scope includes private arbitral tribunals

by Giorgio Sassine



USC § 1782 grants standing to “a foreign or international tribunal” to obtain an order from a US federal district court compelling the production of evidence from uncooperative parties. Whether this provision extends to private arbitral tribunals has been the subject of controversy, with both sides of the argument pointing to the plain meaning of the term, the legislative history of § 1782, and principles of international arbitration in order to reach opposite conclusions. Federal courts, too, have reached different conclusions on the issue since 2004. While it is the author’s opinion that private arbitral tribunals are likely not within the scope of § 1782, this article highlights the need for a clear answer to the question in the face of ambiguous evidence, and provides avenues to finally settle the issue.

Project Management in International Arbitration

by Ben Giaretta



“Saving time and costs” is a common demand in international arbitration. However, this can be a problematic goal to aspire to, as it can fail adequately to take into account all aspects of an arbitration, in particular the adaptive or change-driven lifecycle of the arbitration and the requirement for a high standard of quality. This paper proposes that the focus in international arbitration should instead be on project management. An arbitration should be viewed as a project that requires a full assessment of the objectives of the parties and other stakeholders, and proper project management in order to achieve those objectives. Arbitrators can draw on a considerable body of knowledge about project management from other industries. Applying project management skills to arbitration includes appropriate planning, identifying and managing work scope, engaging with stakeholders, organising issues and evidence, and closing the arbitration properly.

The Appeal of the Right to Appeal: The ICDR Adopts Optional Appellate Arbitration Rules to Advance the Availability of Appellate Rights in International Commercial Arbitration

by Kyle Richard Olson



The author tackles the role of appellate rights in international commercial arbitration. After a discussion on the relevance of this topic in ICSID arbitration, the article turns to the new ICDR rules, which contain an opt-in set of appellate rules. While the analysis focuses on key aspects of this optional procedure, it also considers general objections and concerns often raised against the use of appeal mechanisms. The author concludes by pointing out that flexibility is a key element in international commercial arbitration and, as such, the ICDR rules provide an effective tool that parties can choose if it best serves their needs.

Seeking Recognition and Enforcement of Foreign Court Judgments and Arbitral Awards in the GCC Countries

by Nicolas Bremer



Successfully obtaining a judgment or arbitral award may not be the final step in asserting a claim. Extra enforcement measures may be required when the losing party refuses to abide by the terms of a ruling. In international commerce, rulings must often be enforced in a jurisdiction other than the one where it was made. In this case, the ruling will have to be recognized by the competent authority of the country where enforcement is sought (the ‘requested country’). Obtaining recognition of a foreign ruling in a country that is part of the Gulf Cooperation Council (the ‘GCC’) can be laborious. Despite the ambitious strategies of the GCC countries regarding the recognition and enforcement of foreign arbitral awards, their local courts still have many reservations about foreign rulings. This article provides an overview of existing regulations pertaining to foreign rulings in the six GCC countries (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates [the ‘UAE’]), and offers suggestions on strategies to deal with the challenges posed by these regimes.

Submissions

Interested in submitting?

 

We look for well-written work that is interesting to our readership and advances or challenges the current state of scholarship in alternative dispute resolution.

 

There is no typical submission to the MJDR. We are a journal striving towards innovation and discourse between academics and practitioners. We accept classical academic manuscripts of between 5,000-8,000 words, case and practitioner comments between 3,000-5,000 words as well as works of original character upon agreement with the editorial board.

 

If you would like to publish with the MJDR please follow the Canadian Guide to Uniform Legal Citation, used by all major Canadian legal journals and accessible online.

 

Should you have more detailed inquiries about the publishing process, please contact our Coordinating Editor :

coordinatingeditor.mjdr@mcgill.ca or click here to find out more.

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