Chapter 6 - Disputes Capable Of Arbitration And Arbitral Remedies - International Arbitration Law And Practice, Third Edition

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

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Originally from International Arbitration Law and Practice, Third Edition

6.1. Presence of a Dispute

The very premise of arbitral proceedings is the existence of a dispute.

The term “dispute” is broad enough to include any difference, whether raised formally or merely the result of an exchange of correspondence that shows that the parties disagree on a specific claim, on an issue of law or on a point of fact related to their relationships.

In Jiangsu1 the High Court of Singapore affirmed that “courts will interpret the word ‘dispute’ broadly. As a consequence, they will find that there is a dispute unless the defendant has unequivocally admitted that the claim is due and payable.”

The same Court had already expressed this view in Duden.2 In the absence of a dispute, the arbitral proceedings cannot take place and the arbitral institution that should have been seised, should not proceed to the appointment of arbitrators. Likewise in ad hoc arbitration, when the absence of a dispute becomes known after the arbitrator’s appointment, he should not proceed further.

Table of Contents:

CHAPTER 6: DISPUTES CAPABLE OF ARBITRATION AND ARBITRAL REMEDIES

Requirements for a Dispute
6.1 A Dispute: A Requirement
6.2 Dispute Capable of Settlement by Arbitration
6.3 The Law Applicable to Arbitrability

Classes of Disputes
6.4 Consumer Claims
6.5 Family Dispute
6.6 Competition Law Disputes
6.7 Employment Disputes
6.8 In Rem Actions
6.9 Commercial Disputes
6.10 Tort Claims
6.11 Unjust Enrichment
6.12 Intellectual Property Disputes
6.13 Insolvency Claims

Mass Claims and Class Actions
6.14 Mass Claims and Class Actions
6.15 The US Fairness Arbitration Bill

Illegal Contracts
6.16 Disputes Involving Mandatory Provisions and Illegal Contracts
6.17 Violation of Human Rights
6.18 General Trend

Connection amongst Disputes
6.19 Connection between Disputes Which Are Capable and Those Which Are Not Capable of Settlement by Arbitration

Arbitral Remedies
6.20 Arbitral Remedies
6.21 Pre – and Post – Award Interest
6.22 Authority to Amend or Terminate a Legal Relationship

Punitive Damages
6.23 Punitive and Treble Damages