Bibliographie sélective OHADA

The book asks whether the use of Artificial Intelligence (AI) and Generative AI (GenAI) in international arbitration represents a revolution or an evolution of the international dispute resolution landscape. Critically engaging with the transformative impact of the Fourth Industrial Revolution (4IR), this book focuses on the integration of AI and GenAI into international commercial arbitration. Set against the backdrop of rapid technological advancement, it explores how arbitral tribunals and stakeholders are cautiously yet progressively adopting these innovations in a manner that respects and preserves the foundational principles of arbitration. Through an interdisciplinary and practice-oriented approach, the book examines the evolving role of AI in arbitration. It analyzes how AI is perceived and applied by parties, arbitral institutions, and arbitrators, as well as assesses the legal frameworks in place to govern it. Offering a balanced analysis of both the opportunities and legal and ethical dilemmas posed by emerging technologies, the book asks if a duty of disclosure is relevant in relation to AI use, and what challenges this might entail. It also covers the status of AI-generated arbitral awards under international law, as well as copyright law. This book will be of interest to researchers in the field of international arbitration and commercial law

In an era where technology is rapidly transforming the legal landscape, Transforming Arbitration explores how innovations like AI, blockchain, the Metaverse, and Web3 are reshaping arbitration as a key form of dispute resolution. The book features insights from leading academics, practitioners, and policymakers, offering a comprehensive look at how these advancements are influencing our conceptual, substantive and procedural understandings of many parts of this field. Each chapter examines the challenges and opportunities presented by these technologies, raising important questions about the compatibility of traditional arbitration processes with digital innovations. As the legal field adapts to developments like cryptocurrencies, NFTs, and 'virtual' disputes, this book provides valuable guidance on the future implications for arbitration. By questioning established norms and advocating for fresh approaches, Transforming Arbitration is a vital resource for legal professionals and scholars committed to evolving with the times. Combining theoretical exploration with practical recommendations, this collaborative volume equips the legal community with the tools to navigate the complexities of our digital age with confidence and foresight.

Articles The Seven Cardinal Sins of Investment Dispute Settlement Investment Arbitration in the New Era: Engine or Obstacle in the Fight Against Climate Change? The UNIDROIT Principles as a Tool for the Internationalisation of Contracts by Arbitral Tribunals AI: The Modern Tribunal Assistant – Impact on Enforceability of Arbitral Awards under the New York Convention Automation & Augmentation: Artificial Intelligence in International Arbitration The IBA Guidelines on Conflicts of Interest in International Arbitration 2024 CIETAC: Overview of Dispute Resolution in the Digital Environment in China Swiss Supreme Court rejects CJEU’s Komstroy ruling Romania’s Supreme Court Decides that Associations and Foundations Based in Romania Can Only Set Up Arbitral Institutions if Authorized by Law Book Review – On Arbitration: V. V. Veeder QC, Selected Writings and Contributions to the Development of Law (Wordsworth & Veeder (eds), OUP 2023) Book Review – Investment Arbitration and Climate Change (Ipp & Magnusson (eds), Kluwer 2024)

The UNCITRAL Model Clauses on Specialized Express Dispute Resolution (SPEDR) (2024) (the “Model Clauses”) have been developed and adopted by the United Nations Commission on International Trade Law. The Model Clauses, accompanied by explanatory notes, offer customized solutions designed to be adapted and adjusted to suit the particular circumstances and preferences of the parties, building on the UNCITRAL Expedited Arbitration Rules. Designed as a resource for businesses and practitioners engaging in international dispute resolution, especially when speed and technical expertise are crucial factors, the Model Clauses provide parties with tailored means to settle disputes in an expeditious manner, ensuring the integrity and effectiveness of their dispute resolution processes, while catering for their unique needs. The Four Model Clauses presented are: Model Clause on Highly Expedited Arbitration Model Clause on Adjudication Model Clause on Technical Advisers Model Clause on Confidentiality

The UNCITRAL Model Clauses on Specialized Express Dispute Resolution (SPEDR) (2024) (the “Model Clauses”) have been developed and adopted by the United Nations Commission on International Trade Law. The Model Clauses, accompanied by explanatory notes, offer customized solutions designed to be adapted and adjusted to suit the particular circumstances and preferences of the parties, building on the UNCITRAL Expedited Arbitration Rules. Designed as a resource for businesses and practitioners engaging in international dispute resolution, especially when speed and technical expertise are crucial factors, the Model Clauses provide parties with tailored means to settle disputes in an expeditious manner, ensuring the integrity and effectiveness of their dispute resolution processes, while catering for their unique needs. The Four Model Clauses presented are: Model Clause on Highly Expedited Arbitration Model Clause on Adjudication Model Clause on Technical Advisers Model Clause on Confidentiality

The UNCITRAL Model Clauses on Specialized Express Dispute Resolution (SPEDR) (2024) (the “Model Clauses”) have been developed and adopted by the United Nations Commission on International Trade Law. The Model Clauses, accompanied by explanatory notes, offer customized solutions designed to be adapted and adjusted to suit the particular circumstances and preferences of the parties, building on the UNCITRAL Expedited Arbitration Rules. Designed as a resource for businesses and practitioners engaging in international dispute resolution, especially when speed and technical expertise are crucial factors, the Model Clauses provide parties with tailored means to settle disputes in an expeditious manner, ensuring the integrity and effectiveness of their dispute resolution processes, while catering for their unique needs. The Four Model Clauses presented are: Model Clause on Highly Expedited Arbitration Model Clause on Adjudication Model Clause on Technical Advisers Model Clause on Confidentiality

The UNCITRAL Model Clauses on Specialized Express Dispute Resolution (SPEDR) (2024) (the “Model Clauses”) have been developed and adopted by the United Nations Commission on International Trade Law. The Model Clauses, accompanied by explanatory notes, offer customized solutions designed to be adapted and adjusted to suit the particular circumstances and preferences of the parties, building on the UNCITRAL Expedited Arbitration Rules. Designed as a resource for businesses and practitioners engaging in international dispute resolution, especially when speed and technical expertise are crucial factors, the Model Clauses provide parties with tailored means to settle disputes in an expeditious manner, ensuring the integrity and effectiveness of their dispute resolution processes, while catering for their unique needs. The Four Model Clauses presented are: Model Clause on Highly Expedited Arbitration Model Clause on Adjudication Model Clause on Technical Advisers Model Clause on Confidentiality

The author of Third Party Funding in International Arbitration challenges the structural inconsistencies of the current practices of arbitration funding by arguing that third party funding should be a forum of justice, rather than a forum of profit. The author introduces a new methodology with an alternative way of structuring third party funding to solve a set of practical problems generated by the risk of claim control by the funder.

Article-by-article commentary

Nach §1066 ZPO gelten die Vorschriften über vertraglich vereinbarte Schiedsgerichte entsprechend für "Schiedsgerichte, die in gesetzlich statthafter Weise durch letztwillige [...] Verfügungen angeordnet werden". Während solche letztwilligen Schiedsverfügungen im 20.Jahrhundert sehr selten waren, beschäftigen sie heute die deutschen Gerichte mit gewisser Regelmäßigkeit. Mit Zunahme der praktischen Relevanz rücken auch die dogmatischen Grundlagen letztwilliger Schiedsverfügungen in den Fokus: Warum darf der Erblasser nicht nur materielle, sondern auch prozessuale Verfügungen von Todes wegen treffen? Wie weit reicht die Zuständigkeit des letztwillig eingesetzten Schiedsgerichts? Und welches Recht ist anzuwenden, wenn der Erbfall grenzüberschreitende Bezüge aufweist? Jakob Gleim beantwortet diese Fragen und bezieht dabei im Rahmen eines Rechtsvergleichs auch das US-amerikanische Recht ein. Fürdie vorliegende Dissertation wurde Jakob Gleim mit der2020 der Max-Planck-Gesellschaft ausgezeichnet. Is it possible for the testator to mandate unilaterally that all disputes concerning the estate are to be arbitrated instead of litigated? While such a testamentary arbitration clause is an expression of the decedent’s freedom of disposition, it contradicts the beneficiaries’ right of access to a public court. In his dissertation, Jakob Gleim examines the tension between the decedent’s freedom of disposition and the rights of the beneficiaries, balancing these two positions against one another and thereby identifying the reasons and the limitations of the validity of testamentary arbitration clauses. While such clauses were rather rare in the 20th century, German courts have to deal with them more regularly nowadays. In his dissertation, Gleim explores the practical significance of testamentary arbitration clauses as well as their advantages and disadvantages. The author also addresses the questions of how far the jurisdiction of the arbitral tribunal extends and which law is to be applied in cross-border cases. The inquiry also includes insights gained from a comparative analysis of US-American law.