Arbitration is an alternative dispute resolution method based on consent of the parties, regardless of whether it is a commercial or investment arbitration. A dispute may be brought to arbitration only where the parties have consented to arbitration. In commercial arbitration, the parties consent to arbitration through the execution of an arbitration agreement as a separate agreement, or as an arbitration clause within the underlying contract. In an investment arbitration where the parties are always a state (or a state entity) on the one side, and a foreign investor on the other, the parties must have consented to arbitration through an arbitration agreement, or through other methods, which will be explained, below.
Appellate jurisdiction is regulated under the Civil Procedure Code (“CPC”) that entered into force on 01.10.2011. Thus, the decisions rendered by the courts of first instance may be challenged before the competent regional courts of appeal, and the regional courts of appeal sit between the courts of first instance and the Court of Cassation. However, establishment of the regional courts of appeal and entry into force of the appellate jurisdiction has been postponed several times. Finally, the Regulation on Procedures Regarding the Administrative and Clerk Services for the Courts of Appeal, Civil Courts of First Instance and Office of the Chief Public Prosecutor of the Republic entered into force through publication in the Official Gazette dated 06.08.2015 and numbered 29437, and the Resolution of the Official Start Date of the Courts of Appeal and the District Administrative Courts provides that the regional courts of appeal come into effect as of 20.07.2016. We will assess the establishment, functioning, and appellate procedure against the decisions of the civil courts of first instance within the scope of this Newsletter.
The International Bar Association (“IBA”) Rules on the Taking of Evidence in International Arbitration (“IBA Rules” or, “Rules”) are, without any doubt, a point of reference in the taking of evidence in international arbitrations. The IBA Rules serve as a harmonization tool as well, especially when parties and arbitrators come from different legal systems.
Uber, a San Francisco-based company founded in 2009, began as a transportation technology application whereby users could request premium transportation services in a few large metropolitan areas. The company has since transformed into a global transportation network, connecting drivers and riders in over 484 cities worldwide. Uber boasts benefits to the cities in which they operate, including strengthened local economies, improved access to transportation, and safer streets.
Uber’s presence in Canada is growing each year and the service is active in Edmonton, Ottawa and other Canadian cities. Uber is not, however, currently operating in Manitoba.
The Singapore International Arbitration Centre (“SIAC”) introduced its 6th edition of Arbitration Rules (“SIAC Rules 2016”) during SIAC Congress 2016, which was held on 25-27 May 2016. It also marked their 25th year since operations commenced in 1991. The group announced that the SIAC Rules 2016 will take effect on 1 August 2016. The SIAC Rules 2016 contains several new features, as well as some refinements from the SIAC 5th edition of Arbitration Rules that were implemented on 1 April 2013 (“SIAC Rules 2013”).