[GA - PASSED] Commercial Arbitration Recognition

Status
Not open for further replies.
Pronouns
she/her
Discord
Whatermelons#1111
ga.jpg

Commercial Arbitration Recognition
Category: Free Trade | Strength: Significant
Proposed by: Cretox State | Onsite Topic

The World Assembly,

Realizing that the member nations of this Assembly are significantly outnumbered by their external counterparts,

Believing it the responsibility of this august body to further the prosperity of the nations under its aegis and confer substantial benefits upon its membership,

Recognizing the importance of strengthening international commerce in achieving the above,

Highlighting the effectiveness of alternate dispute resolution, particularly through arbitration, in furthering international commerce by ensuring that any disputes arising from international commercial agreements can be efficiently resolved in in a forum that confers neutrality, finality of judgement, confidentiality, and procedural flexibility, all of which hinge upon the enforceability of resultant judgments, and

Wishing to provide a framework for the international recognition and enforcement of judgement arising from arbitration of international commercial disputes, thereby promoting free trade and commerce, hereby:
  1. Defines:
    1. "arbitration" as the deciding of a legal dispute in a forum outside of a member nation's judiciary or international court of law;
    2. an "arbitral award" as a judgement on the merits of an arbitration by an arbitration tribunal, including judgments made by arbitrators appointed for a particular case as well as judgments made by a permanent arbitral body; and
    3. an "arbitration agreement" as any agreement providing for arbitration of a dispute;
  2. Declares:
    1. all member nations must recognize arbitration agreements within their legal jurisdiction; and
    2. all member nations must recognize arbitral awards as binding, and enforce them to the extent required by the arbitral award;
  3. Clarifies that member nations may not impose unnecessarily onerous conditions on the recognition and enforcement of arbitral awards within their legal jurisdiction;
  4. Further clarifies that member nations may refuse to recognize or enforce an arbitral award if any of the following conditions are met:
    1. the arbitral award or the arbitration agreement preceding it are invalid under said award or agreement's governing law;
    2. the party against whom the award is invoked was given insufficient notice of the arbitration proceedings, or was otherwise unable to present its case;
    3. the arbitral award concerns matters beyond the scope of the arbitration agreement;
    4. the procedure of the arbitration was not in accordance with the arbitration agreement or its governing law;
    5. the arbitral award has not yet become binding on the involved parties; or
    6. the subject matter of the arbitral award cannot be resolved through arbitration;
  5. Asserts that nothing in this resolution shall be construed to limit the ability of individuals, nations, and organizations to enter into an arbitration agreement;
  6. Clarifies that this resolution shall only apply to arbitration agreements, arbitration, and arbitral awards arising from international commercial agreements between two firms, a firm and a government, or two governments, or similar agreements of an international character between two firms, a firm and a government, or two governments; and
  7. Further clarifies that nothing in this resolution applies to arbitration, arbitration agreements, or arbitral awards issued by or under the jurisdiction of a non-member nation.
Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!

[TR][TD] For [/TD][TD] Against [/TD][TD] Abstain [/TD][TD] Present [/TD][/TR][TR][TD]20[/TD][TD]1[/TD][TD]0[/TD][TD]1[/TD][/TR]

Commercial Arbitration Recognition was passed 10,131 votes to 4,015 (71.6% support).
 
Last edited by a moderator:
Disputes arising from commercial agreements between firms are inherently different from disputes between individual persons, due to the former's greater emphasis on neutrality, discretion, flexibility, and finality of judgement as a result of these disputes often occurring between actors in similar bargaining positions engaging in mutually beneficial dealings. Arbitration is an attractive and efficient form of alternate resolution of these disputes, due to its ability to provide a greater level of neutrality, flexibility, and discretion than national court systems. "Commercial Arbitration Recognition" seeks to provide for the enforcement of arbitration agreements and arbitral awards as pertaining to international commercial agreements, with certain exceptions. Seeing as the resolution's scope is limited to these types of agreements, and arbitration in these situations is quite beneficial and by definition mutually agreed upon, we see little reason to oppose this proposal.

For these reasons, the Ministry of World Assembly Affairs recommends voting For the at-vote General Assembly proposal, "Commercial Arbitration Recognition".
 
Last edited by a moderator:
Present, but I'd be happy to answer any questions concerning the subject matter or anything else.
 
Status
Not open for further replies.
Back
Top