عنوان

The Seat in International Arbitration:

Number

TLpq2501235214

.Language of Text, Soundtrack etc

انگلیسی

Title Proper

The Seat in International Arbitration:

General Material Designation

[Thesis]

First Statement of Responsibility

Islam, Md Khairul

Title Proper by Another Author

Rethinking the Role of Bangladesh

Subsequent Statement of Responsibility

Saumier, Geneviève

Name of Publisher, Distributor, etc.

McGill University (Canada)

Date of Publication, Distribution, etc.

2018

Specific Material Designation and Extent of Item

131

Dissertation or thesis details and type of degree

LL.M.

Body granting the degree

McGill University (Canada)

Text preceding or following the note

2018

Text of Note

The seat of arbitration is undoubtedly important because of its supervision over the arbitration tribunal and the power to set aside the award. Most jurisdictions admit the territorial theory of international arbitration by adopting UNCITRAL Model Law. The delocalized theory of international arbitration is based on the doctrine of the enforcement of the annulled award. In fact, an annulled award does not exist and legally unenforceable. Bangladesh adopted the Model Law with an objective to become a center of international arbitration. It is evident that Bangladesh is yet to be considered an attractive place for international arbitration despite its adoption of the Model Law. On the other hand, Bangladesh deviated from the Model Law on some substantial issues of arbitration. These deviations badly affect the international arbitration regime in Bangladesh. While the Model law prescribes for minimum judicial intervention, the Arbitration Act of Bangladesh increases the scope of judicial intervention for arbitration seated in Bangladesh. The Model Law is the minimum standard of practice for international arbitration. A state can certainly deviate from the Model Law in accordance with its policy. However, this deviation should be for the improvement of the regime but not to shrink the international arbitration in the country. The significant developments in international arbitration over the past decades call for a rethinking of the present arbitration regime in Bangladesh.

Agreements

Arbitration

Attorneys

Conventions

Enforcement

Judicial reviews

Islam, Md Khairul

Saumier, Geneviève

Electronic name

p

[Thesis]

276903

a

Y