Browsing by Author "Ruotsi, Mikael"

This thesis contains two parts. The first part consists of sections 2-4 and introduces the main elements of the thesis’ topic. Section 2 provides insight to the Finnish Arbitration Act 1992, its history and its recently commenced reform project. Section 3 describes the main features of the UNCITRAL Model Law and the UNCITRAL 2010 Arbitration Rules and section 4 provides a concise overview of Singapore’s International Arbitration Act 1994 and the Swedish Arbitration Act 2019. The second part focuses on addressing the problems presented in section 1.1 by considering them in turn, from the perspectives of the four above-mentioned legal instruments. The issues with the current provisions on challenging an arbitrator are discussed in section 5. The lack of interim measures in the Finnish Arbitration Act 1992 is considered in section 6. Recommendations in relation to what kind of provisions on setting aside and annulment of arbitral awards should be in the reformed Finnish Arbitration Act are provided in section 7. The fourth problem examined in this thesis is analysed in section 8, which contains solutions with respect to the question how the provisions on recognition and enforcement of arbitral awards should be reconfigured during the reform project. Finally, section 9 summarises the solutions to each problem. The thesis offers distinct conclusions to the four problems. As a summary of the four conclusions, I submit that the UNCITRAL Model Law provides a useful foundation in relation to solving the four problems with the Finnish Arbitration Act 1992. The UNCITRAL 2010 Arbitration Rules’ provisions compliment the Model Law in solving these issues. Singapore’s case law is particularly useful for the purposes of the reform project as the International Arbitration Act 1994 is based almost completely on the UNCITRAL Model Law. Finally, the recent changes stemming from the reformed Swedish Arbitration Act 2019 should be considered carefully, when proceeding with the reform project of the Finnish Arbitration Act 1992.