Arbitration Law Essays

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Arbitration Law

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Arbitration A Technique Used To Solve Disputes Outside The Courts

A technique used to solve disputes outside the courts, in which a third party reviews the case and imposes a decision. It’s often used in resolving disputes within commercial situations, such as international commercial situations. Also between consumer and employment mattesrs...

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Enforcement Of International Arbitral Awards

While arbitration can resolve various kinds of disputes it hardly can be more important to any other form dispute resolution other than commercial dispute resolution; especially in a further globalised world where international trade and commerce forces parties to be spread across a multiplicity of jurisdictions and various forums of...

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Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) has several definitions. According to Gramberge (2001:pp. 3-5), it is defined as structured informal negotiation processes with the aid of an independent third party. Grace (2002) further defines it as all forms of conflict resolution apart from litigation; dispute resolution processes that leave the form and...

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Johnson Arbitration

A bilateral investment treaty, as its name suggests, is a treaty concluded between two countries hoping to encourage reciprocal private investment. Such treaties or 'BITs' achieve this end through a fairly standardized list of mutual guarantees, with each nation promising to admit the other's investors into its territory, to accord...

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Laws Of Uae

Law of arbitration: The purpose of this law is to resolve a dispute by a fair tribunal without unnecessary delay or expense. The parties involved should be free to agree with the result of the arbitrator. Arbitration law is still not developed in the UAE. Article 235 and 246 of...

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The Previous Arbitration Act

Let's speak more detailed about English law US law....

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Law Arbitration Public

In West Tankers Inc v Ras Riunione Adriatica di Sicurta SpA (The “Front Comor”), English Law is to be administered and contained a clause mentioning that arbitration will take place in London. It was chosen by the parties in contract that English Law to be governing law and seat...

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Lord Rodger Of Earlsferry

The right to access to justice is a basic human right envisaged in almost all international, regional and national human rights documents. Even in a good society disputes regarding civil rights or obligations may arise. Hence they need to argue their case before an independent and impartial authority or judge....

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Public Policy In International Arbitrations

Public policy can be generally defined as an attempt by the government to address a public issue. According to Lord Truro, “Public policy is that principle of law which holds that no subject can lawfully do, which has a tendency to be injurious to the public or against the public...

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Arbitration Clauses In Patent Licensing Agreements

Intellectual Property Rights have been characterized as a corporation's “family jewels” meaning they are capable of forming the core strength or assets of a company. Disputes involving the monopoly rights conferred by patents, trademarks, copyrights or other IPRs, therefore have to be handled with caution and foresight if a company...

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Adr Systems

ADR systems success and acknowledgement in developed countries have motivated the developing countries to consider and adopt these systems parallel to their existing legal systems due to their flexibility, cost effectiveness, and speediness. Although it is recognised by experts that there is no definite differences in current existing legal...

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Arbitration

The world has come to experience many changes in the way legal systems are evolving. The conventional methods of dispensing justice are being abandoned in favour of faster and more efficient methods of dispute resolution such as arbitration and mediation....

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Commercial Arbitration

Arbitration Post 1996 Arbitration Act:...

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Comparative Analysis In Jusrisdiction

The New York Convention makes available certain guidelines regarding enforcement of arbitral awards in jurisdictions other than those in which the arbitral award was made in. But what is important is how various jurisdictions follow the convention in terms of enforcement of these awards and if there enforcement of an...

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Jane Fully Case

As a preamble to this question it is firstly necessary to establish the governing legislation in light of the enactment of the Arbitration Act 2010. Part 1 of the 2010 Act deals with inter alia commencement....

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Merits Of Arbitrations Under The Icc Lcia And Icsid Rules

Arab Regional Office (2004) Quarterly Report, Office of the High Commissioner for Human Rights, Beirut, Lebanon, March 2004 found at: http://www.unhchr.ch/html/menu2/5/arab-mar04.doc...

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Goals Of Arbitration

The most important of the working assumptions is that of humans conflicting. Conflicts have existed in all cultures, religions, and societies since time immemorial, as long as humans have walked the earth. All societal interactions have been fundamentally an argument over the control of the resources. All philosophies and theologies...

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Adjudication Law

Every law that provides for some form of adjudication also usually provides for appeal in one form or the other against orders passed by the lower authorities. ‘Appeal is a complaint to a superior court of an injustice, done by an inferior one.' This is based on the concept of...

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Disqualification Of Arbitrators

What are the tests applied by the English Courts for the disqualification of arbitrators for lack of independence and impartiality? Compare with other legal systems and assess whether these are in harmony with the IBA rule on conflict of interest....

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Alternative Disputes Resolution

Besides than court system, there are other ways for people to solve their disputes. Due to the inefficiency of the court system, 2 main alternative dispute resolutions such as mediation and arbitration are to be introduced. Alternative Disputes Resolution also known as ADR refers to settling the disputes outside the...

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