North Macedonia: International Arbitration Comparative Guide

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1
Legal framework
1.1
What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?
 

In Macedonia, arbitration is governed by:

  • the International Commercial Arbitration Act, enacted in 2006 to regulate international arbitration; and
  • the Litigation Act, enacted in 2005 (as amended from time to time), which since the entry into force of the Arbitration Act governs only domestic arbitrations. The Arbitration Act does not expressly stipulate that the Litigation Act no longer applies to international arbitration. However, under the transitional provisions of the Litigation Act, its provision on disputes with an international element ceased to apply on the entry into force of the Arbitration Act. Therefore - and additionally by operation of the principles of lex specialis derogat legi generali and lex posterior derogat legi priori - it may be understood that since the Arbitration Act entered into force, the Litigation Act is applicable only to domestic arbitrations seated in Macedonia.

Certain issues relevant to arbitration are also governed by the International Private Law Act, which regulates procedures for the recognition and enforcement of foreign arbitral awards.

The following responses relate only to international arbitration as governed by the Arbitration Act.

1.2
Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?
 

The Macedonian legislation differentiates between domestic arbitration and international arbitration. As observed in question 1, the Arbitration Act applies only to international arbitration, while the Litigation Act governs domestic arbitration.

Arbitration is considered international if it contains international elements - that is, if:

  • at least one of the parties, at the moment of conclusion of the arbitration agreement, is:
    • a natural person with his or her habitual residence or domicile outside the territory of Macedonia; or
    • a legal entity with its place of business outside the territory of Macedonia; or
  • the place where a substantial part of the obligation should be performed or the place with which the subject matter of the dispute is most closely connected is outside Macedonia (Article 1(3)).

Although the Litigation Act does not expressly define ‘domestic arbitration', the term concerns disputes with no international element. In conjunction with the Arbitration Act, it may thus be understood that domestic arbitrations are those which lack any international element (ie, that have none of the characteristics of international arbitrations outlined above).

1.3
Is the arbitration legislation in your jurisdiction based on the UNCITRAL Model Law on International Commercial Arbitration?
 

The Arbitration Act is based on the UNCITRAL Model Law on International Commercial Arbitration of 1985.

1.4
Are all provisions of the legislation in your jurisdiction mandatory?
 

No. The Arbitration Act allows the parties to make their own arrangements on certain matters in accordance with the principle of party autonomy. For example, the parties, in accordance with the Arbitration Act, may agree on the procedure for the appointment of arbitrators (Article 11(2)).

1.5
Are there any current plans to amend the arbitration legislation in your jurisdiction?
 

There are officially no current plans to amend the arbitration legislation in Macedonia.

1.6
Is your jurisdiction a signatory to the New York Convention? If so, have any reservations been made?
 

Following its independence, Macedonia acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 on 10 March 1994, subject to the reservations of non-retroactivity and applicability to commercial disputes.

1.7
Is your jurisdiction a signatory to any other treaties relevant to arbitration?
 

Yes, Macedonia is a party to the European Convention on International Commercial Arbitration and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. In addition, Macedonia has concluded many bilateral investment treaties.

2
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
 

In accordance with the Arbitration Act, a dispute may be resolved by arbitration if:

  • it concerns matters of which the parties can freely dispose (Article 1(2)); and
  • its resolution is not under the exclusive jurisdiction of a Macedonian court (Article 1(6)).
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 

Pursuant to the Arbitration Act, an arbitration may be seated outside Macedonia only if at least one of the parties, at the time of conclusion of the arbitration agreement, is:

  • a natural person with his or her domicile or habitual residence abroad; or
  • a legal person whose place of business is abroad (Article 1(5)).
3
Arbitration agreement
3.1
What are the validity requirements for an arbitration agreement in your jurisdiction?
 

In order for an arbitration agreement to be valid, it must be in writing. An agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, telexes, telegrams or other means of communication which provides a record of the agreement, or in an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by another.

In addition, a reference made in a contract to a certain document (eg, general conditions of contract) containing an arbitration clause constitutes an arbitration agreement, provided that:

  • such contract is in writing; and
  • the reference is such that it makes the clause part of the contract (Article 7).
3.2
Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?
 

In accordance with the Arbitration Act, an arbitration clause that forms a part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision of the tribunal that the contract is null and void shall not entail, ipso jure, the invalidity of the arbitration clause (Article 16 (1)).

3.3
Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?
 

If the parties fail to agree on the seat of the arbitration, according to the Arbitration Act, the seat of arbitration shall be determined by the tribunal, having regard to the circumstances of the case, including the convenience of the parties. This notwithstanding, and unless the parties have agreed otherwise, the tribunal may meet at any place it considers appropriate:

  • to consult among its members;
  • to hear witnesses, experts or the parties; or
  • to inspect goods, other property or documents (Article 20).

If the parties have not agreed on the language of the arbitration, the Arbitration Act explicitly provides that the tribunal shall determine the language or languages to be used in the proceedings (considering, in particular, the language of the contract). This decision, unless otherwise specified therein, shall apply to any written statements by the parties, any hearings and any award, decisions or other communications by the tribunal.

If the tribunal fails to reach agreement on the language of arbitration, the proceedings will be conducted in Macedonian (Article 22).

4
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 

A party must raise an objection to the tribunal's jurisdiction in a written submission at the latest with its statement of defence. If the party submits its objection at a later stage, the tribunal may still allow it, as long as it considers the delay in submitting the objection justified (Article 16(2)).

4.2
Can a tribunal rule on its own jurisdiction?
 

Yes, the Arbitration Act expressly states that the tribunal may rule on its own jurisdiction. The tribunal is authorised to decide on its jurisdiction either as a preliminary question or in an award on the merits (Article 16(1)(3)).

4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 

In an international arbitration seated in Macedonia, the party may apply to the Macedonian courts for a ruling on the tribunal's jurisdiction, but only if the tribunal has already decided, as a preliminary matter, that it has jurisdiction. In that case, any party may request the competent court to decide on the matter within 30 days of being notified of this decision; the court's decision is not subject to appeal (Article 16(3)).

5
The parties
5.1
Are there any restrictions on who can be a party to an arbitration agreement?
 

The Arbitration Act imposes no express restrictions on who can be a party to an arbitration agreement. It is therefore understood that any party with legal and business capacity may also be a party to an arbitration agreement. This includes state organs and other state authorities (Article 1(7)).

5.2
Are the parties under any duties in relation to the arbitration?
 

Although there is no express provision that regulates the parties' duties in the arbitration proceedings, it could be considered that they are under a general duty to act in good faith.

5.3
Are there any provisions of law which deal with multi-party disputes?
 

The Arbitration Act is silent on the issue of multi-party disputes. However, unless the parties have agreed otherwise, given that tribunals are authorised to conduct the proceedings as they deem fit (Article 19(2)), it may be understood that this general authority also applies to multi-party proceedings. In conducting the proceedings in the way it deems fit, the tribunal is bound by the principle of party equality (Article 18).

6
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
 

Although the Arbitration Act does not expressly address this question, based on the principle of party autonomy, the parties should be free to choose any law to govern the arbitration agreement. In practice, where an arbitration clause is included within a contract, the law chosen by the parties to govern that contract could also be considered the law governing the arbitration agreement. This notwithstanding, in the case of an arbitration seated in Macedonia, the arbitration agreement will also be subject to the mandatory provisions of the Arbitration Act.

6.2
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?
 

According to the Arbitration Act, the tribunal should decide the dispute in accordance with the parties' agreement as to the substantive law of the dispute. In this case, renvoi is excluded, unless the parties have agreed otherwise. If the parties fail to agree on the substantive law of the dispute, the tribunal will decide the dispute in accordance with the law of a state to which the subject matter of the dispute is most closely connected. The tribunal may also decide ex aequo et bono or as amiable compositeur, if the parties have expressly authorised it to do so (Article 28).

7
Consolidation and third parties
7.1
Does the law in your jurisdiction permit consolidation of separate arbitrations into a single arbitration proceeding? Are there any conditions which apply to consolidation?
 

The Arbitration Act does not expressly address the consolidation of separate arbitrations and thus does not prohibit it. Consequently, consolidation may be determined, for example, based on the arbitration agreement or the application of specific arbitration rules that allow for consolidation.

7.2
Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?
 

The Arbitration Act does not address the joinder of additional parties to an arbitration which has already commenced. However, based on the provisions of the Arbitration Act, the parties are free to agree on the procedure to be followed by the tribunal in conducting the proceedings and can thus also agree on the joinder of additional parties (Article 19(1)). The joinder may also be allowed by the specific arbitration rules that are applicable to the particular dispute.

7.3
Does an arbitration agreement bind assignees or other third parties?
 

The Arbitration Act does not specify the situations in which an arbitration agreement can bind third parties. However, based on the general rules governing contracts in Macedonia - which prescribe that rights and obligations arising out of the contract are in principle transferable (eg, by assignment) (Articles 10 and 132 of the Contracts and Torts Act) - to the extent that Macedonian substantive law applies to a particular dispute, it could be argued that in case of assignment of an underlying contract or claim (or a similar transfer of claim), the arbitration agreement should remain valid and also bind the assignees. Beyond these situations - for example, in the case of affiliated companies or similar - it seems that an arbitration agreement cannot apply to third parties.

8
The tribunal
8.1
How is the tribunal appointed?
 

In arbitrations seated in Macedonia, the parties may agree on the procedure for appointment of the tribunal. However, if the parties fail to agree on such, the procedure for appointment shall be as follows:

  • In the case of a three-member tribunal, each party shall appoint one arbitrator and the two co-arbitrators shall appoint the presiding arbitrator. If one party fails to appoint the arbitrator within 30 days of receiving the other party's request, or if the two arbitrators fail to agree on the presiding arbitrator within 30 days of their appointment, the competent court in Macedonia will make the appointment, upon a party's request.
  • In the case of a sole arbitrator, if the parties fail to agree on the arbitrator, upon a party's request, the sole arbitrator will be appointed by the competent Macedonian court.

Where either a party, an arbitrator or a selected institution/appointing authority fails to perform any task anticipated under the agreed appointment procedure, and unless otherwise provided within such procedure, any party may request the competent court to take any measures necessary to secure the appointment of the arbitrators (Article 11).

8.2
Are there any requirements as to the number or qualification of arbitrators in your jurisdiction?
 

Under the Arbitration Act, the parties are free to determine the number of arbitrators without any restrictions. If they fail to do so, the number of arbitrators will be three (Article 10).

The Arbitration Act does not require that arbitrators possess specific qualifications; however, the parties may agree on specific qualifications that they find necessary. If the competent Macedonian court is the appointing authority, the court shall have due regard to any qualifications that the parties find necessary and secure the appointment of an independent and impartial arbitrator. In case of the appointment of a sole arbitrator or a presiding arbitrator, the court will also take into account the suitability of appointing an arbitrator of a nationality other than those of the parties (Article 11(5)).

8.3
Can an arbitrator be challenged in your jurisdiction? If so, on what basis? Are there any restrictions on the challenge of an arbitrator?
 

An arbitrator may be challenged only if:

  • there are circumstances giving rise to justifiable doubts as to his or her impartiality or independence; or
  • he or she does not possess the qualifications agreed by the parties.

However, a party may challenge an arbitrator it has appointed, or in whose appointment it has participated, only for reasons of which the party becomes after the appointment has been made (Article 12(2)(3)). Furthermore, if the parties fail to agree on the procedure for challenging an arbitrator, in accordance with the Arbitration Act, a party which intends to challenge an arbitrator shall submit a written statement to the tribunal explaining the reasons for the challenge within 15 days after becoming aware of:

  • the constitution of the tribunal; and
  • any circumstances that give rise to justifiable doubts as to the arbitrator's impartiality or independence; or
  • the fact that the arbitrator does not possess qualifications agreed by the parties.

If the challenge is rejected, the dissatisfied party may, within 30 days of receipt of the tribunal's decision, request the competent court to decide the challenge. The court's decision is not subject to appeal (Article 13).

8.4
If a challenge is successful, how is the arbitrator replaced?
 

In accordance with the Arbitration Act, if a challenge is successful, the arbitrator's mandate terminates and a replacement arbitrator is appointed according to the rules that applied to the appointment of his or her predecessor (Article 15).

8.5
What duties are imposed on arbitrators? Are these all imposed by legislation?
 
legislation?

Under the Arbitration Act, an arbitrator must:

  • disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence without delay (Article 12);
  • treat all parties equally (Article 18(1));
  • provide a full opportunity to each party to present its case and evidence, and to respond to the statements and claims of the opposing party (Article 18(2));
  • give sufficient advance notice of any hearing and any meeting of the tribunal to inspect goods, other property or documents, and of any procedure for taking evidence (Article 24(2));
  • communicate to each party the statements, submissions, documentary evidence, expert reports and similar information submitted to the tribunal by the other party (Article 24(3));
  • hold oral hearings upon the request of a party, unless the parties have agreed otherwise (Article 24(1)); and
  • upon the request of a party, make linguistic or/and technical corrections to the rendered award, issue a specific interpretation of such award or render an additional award, unless the parties have agreed otherwise (Article 33).

Further, given that the parties are free to agree on the procedural rules, the parties may also agree on further particular duties of the arbitrators in conducting the proceedings (Article 19(1)).

8.6
What powers does an arbitrator have in relation to: (a) procedure, including evidence; (b) interim relief; (c) parties which do not comply with its orders; (d) issuing partial final awards; (e) the remedies it can grant in a final award and (f) interest?
 

(a) Procedure, including evidence?

The parties are free to agree on the procedure to be followed by the tribunal. In the absence of such agreement, the tribunal may conduct the arbitration in such manner as it considers appropriate. In accordance with the Arbitration Act, the power conferred on the tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence (Article 19). In particular, the tribunal may request a competent court to assist it with the taking of evidence (Article 27). Further, and by way of example, unless otherwise agreed by the parties, the tribunal may:

  • decide on holding oral hearings (Article 24(1));
  • decide questions of language and the place of arbitration (Articles 20 and 22);
  • appoint experts as to specific issues to be determined by the tribunal;
  • require a party to give the experts any relevant information or to produce (or provide access to) any relevant documents, goods or other property for inspection; and
  • order the experts to participate in the hearing (Article 26(1)(2)(3)).

(b) Interim relief?

Unless otherwise agreed by the parties, the tribunal may, at the request of a party, order any interim measures that it deems necessary as to the subject matter of the dispute. In that regard, the tribunal may order the party requesting the interim measures to post security in connection with such measures. If a party against which the interim measures are ordered fails to comply with the tribunal's order, the other party may seek to enforce such interim measures before the competent court (Article 17).

(c) Parties which do not comply with its orders?

Tribunals do not have special authority to force the parties to comply with their orders. However, in terms of the taking of evidence, if a party fails to comply with the tribunal's order, the tribunal may request assistance with taking evidence from the court (Article 27).

(d) Issuing partial final awards?

The Arbitration Act does not regulate the issuance of partial final awards. However, this should be not understood as a general prohibition of the same.

(e) The remedies it can grant in a final award?

The Arbitration Act does not specify which types of remedies may be granted in a final award.

(f) Interest?

Provisions on interest are not included in the Arbitration Act. However, this matter may be treated as part of the applicable substantive law to the dispute.

8.7
How may a tribunal seated in your jurisdiction proceed if a party does not participate in the arbitration?
 

Unless the parties have agreed otherwise, if, without showing sufficient cause:

  • the respondent fails to communicate its statement of defence, the tribunal will proceed with the case, without treating such failure in itself as an admission of the claimant's case;
  • the claimant fails to submit its statement of claim, the tribunal should terminate the proceedings; and
  • any party fails to appear at the hearing or to produce evidence, the tribunal may continue with the proceedings and decide the case based on the documents, evidence and information available to it (Article 25).
8.8
Are arbitrators immune from liability?
 

The Arbitration Act does not explicitly regulate the arbitrators' immunity. However, to the extent that the provisions of Macedonian Contracts and Torts Act apply, it could be argued that the arbitrators' liability for damages may be excluded by agreement (eg, in the terms of appointment). However, under the rules of the Macedonian Contracts and Torts Act, liability for damages caused by intentional or grossly negligent conduct cannot be excluded in any event (Article 254 of the Contracts and Torts Act). In addition, in principle, a contractual exclusion of criminal liability will not be valid under Macedonian law.

9
The role of the court during an arbitration
9.1
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
 

Under the Arbitration Act, if the parties have agreed to submit a dispute to arbitration, the court should find that it lacks jurisdiction over the dispute (if brought before it) upon the respondent's objection to jurisdiction. In such case the court should set aside all rulings issued in the proceedings and dismiss the claim. However, if the court finds the arbitration agreement null and void, inoperative or incapable of being performed, it can find itself competent to decide the dispute commenced before it (Article 8 (1)).

9.2
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?
 

Regarding arbitration seated in Macedonia, the Macedonian court may:

  • appoint the arbitrators, upon the request of a party, if the parties have determined the number of arbitrators but failed to agree on the appointment procedure, or if the parties or the co-arbitrators fail to act as required under the Arbitration Act (Article 11(3));
  • take measures to secure the appointment of an arbitrator, upon the request of a party, if a party, arbitrator or selected institution/appointing authority fails to perform any task anticipated under the agreed appointment procedure (Article 11(4));
  • decide on the challenge of an arbitrator/tribunal-appointed expert, upon the request of a party, in case of an unsuccessful challenge under the agreed procedure or the procedure provided in the Arbitration Act (in case of no agreement to that effect) (Articles 26(3) and 13(3));
  • decide on the termination of an arbitrator's/expert's mandate, upon the request of a party, if he or she becomes de jure or de facto unable to perform his or her functions or for other reasons fails to act without undue delay (Articles 14(1) and 26(3));
  • decide on the matter of the tribunal's jurisdiction, upon the request of a party, if the tribunal finds that it has jurisdiction as a preliminary question (Article 16(3));
  • assist in taking evidence that the tribunal is incapable of taking itself, upon the request of the tribunal or a party with the tribunal's approval (Article 27); and
  • grant interim measures, upon the request of a party, before and during the proceedings, if this is not contrary to the arbitration agreement (Article 9).

If the seat of arbitration is outside Macedonia, the Macedonian court also has certain powers (eg. granting interim measures).

9.3
Can the parties exclude the court's powers by agreement?
 

The Arbitration Act does not expressly address this issue, and there is no court precedent on whether and to what extent the court's powers could be excluded by agreement of the parties. However, it is arguable that at least certain court powers could be excluded (eg, interim measures).

10
Costs
10.1
How will the tribunal approach the issue of costs?
 

Upon the request of a party, the tribunal shall decide on the final allocation of costs, including the costs of the parties' legal representation and the arbitrators' fees, based on its discretion considering all circumstances of the case, and especially the outcome of the dispute. The tribunal can decide on the costs in the award or in an order for termination of the proceedings. The tribunal may also render a separate award on costs if it fails to decide the issue in the award, or if a decision on costs could be rendered only after termination of the proceedings (Article 34).

10.2
Are there any restrictions on what the parties can agree in terms of costs in an arbitration seated in your jurisdiction?
 

The Arbitration Act prescribes no restrictions in this regard.

11
Funding
11.1
Is third-party funding permitted for arbitrations seated in your jurisdiction?
 

The Arbitration Act does not regulate third-party funding and thus does not prohibit it.

12
Award
12.1
What procedural and substantive requirements must be met by an award?
 

The arbitral award shall:

  • be made in writing;
  • be signed by the sole arbitrator or by the members of the tribunal (in the latter case, the award should be signed by at least the majority of all members, provided that the reasons for any omissions are stated);
  • state the date and the place of arbitration; and
  • state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is rendered based on a settlement (Article 31).
12.2
Must the award be produced within a certain timeframe?
 

The Arbitration Act does not specify a timeframe for producing the award.

13
Enforcement of awards
13.1
Are awards enforced in your jurisdiction? Under what procedure?
 

A domestic arbitral award is directly enforceable in Macedonia. However, foreign arbitral awards must first be recognised (Article 37).

With its request for recognition, a party must provide:

  • the duly authenticated original award or a duly certified copy;
  • the original arbitration agreement or a duly certified copy; and
  • a certified translation of the award and the arbitration agreement into Macedonian or another language officially used before the Macedonian courts (Article IV of the New York Convention).

The following grounds may result in refusal of recognition:

  • The arbitration agreement is not valid under its applicable law or a party to the same was incapable of concluding it (Article V(1)(a) of the New York Convention);
  • A party (the applicant) was not given proper notice of the tribunal's appointment or the arbitration proceedings, or was otherwise unable to present its case (Article V(1)(b) of the New York Convention);
  • The award decides on matters that are not contemplated by or exceed the scope of the arbitration agreement (Article V(1)(c) of the New York Convention);
  • The tribunal was not constituted or the arbitral procedure was not conducted in accordance with the parties' agreement or the law of place of arbitration; (Article V(1)(d) of the New York Convention);
  • The award has not become binding on the parties, or has been set aside or suspended, in the state in which or under whose law the award was made (Article V(1)(e) of the New York Convention);
  • The dispute is not arbitrable (Article V(2)(a) of the New York Convention.); or
  • Recognition or enforcement of the award would be contrary to Macedonian public policy (Article V (2) (b) of the New York Convention).

The grounds in the first five points above must be raised by the party, while the court shall refuse recognition ex officio in case of grounds under the sixth and seventh.

14
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 

The Arbitration Act prescribes only one remedy against the arbitration award: an application to set aside the award (Article 35). In this regard, the award may be set aside if the applicant proves that:

  • a party did not have the capacity to conclude the arbitration agreement or to be party to the arbitration proceedings;
  • the arbitration agreement was not concluded or is not valid under the applicable law, or (if no applicable law is indicated) the law of Macedonia;
  • the applicant was not given proper notice of the appointment of the tribunal or the commencement of the proceedings, or was otherwise unable to present its case;
  • the award decides on matters not contemplated by or exceeding the scope of the arbitration agreement; or
  • the composition of the tribunal or the arbitral procedure was not in accordance with the parties' agreement (unless such agreement conflicts with the mandatory provisions of the Arbitration Act) or the Arbitration Act.

The court may also set aside the award ex officio if:

  • the dispute is not arbitrable; or
  • the award conflicts with Macedonian public policy.
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 

Under the Arbitration Act, an application to set aside an award must be submitted within three months of the date on which the applicant receives the award; or, in case of a request for correction and interpretation of the award or an additional award, from the date on which the tribunal decides on this request (Article 35(3)).

14.3
Are parties permitted to exclude any rights of challenge or appeal?
 

The Arbitration Act does not expressly prescribe whether the parties may waive the right to request that the award be set aside. Although there is no established court practice to this effect, it could be argued that such a waiver would not be valid.

15
Confidentiality
15.1
Is arbitration seated in your jurisdiction confidential? Is a duty of confidentiality found in the arbitration legislation?
 

The Arbitration Act expressly prescribes that the proceedings shall be closed to the public, unless otherwise agreed by the parties (Article 24(4)). Although it could be argued that commercial arbitrations as such are confidential by default, the scope of such confidentiality is uncertain.

15.2
Are there any exceptions to confidentiality?
 

Given that confidentiality is not addressed under the Arbitration Act, there are no explicit exceptions to confidentiality. However, the parties could agree on such exceptions as they find appropriate.

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In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions