Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 5 of 5
Full-Text Articles in Dispute Resolution and Arbitration
Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed
Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed
Theses and Dissertations
The main purpose of investment treaties is to provide guarantees and protections for the investors in order to maintain the flow of foreign direct investment. As a consequence, when disputed, an adjudicator confronts a dilemma of figuring out the actual intention that the parties consented to. As for umbrella clauses are concerned, an interpreter falls into a loop to attain whether the parties consented to prioritize investor’s interest and elevate any contractual breach to the level of a treaty breach, or to consider the state’s regulatory power. The root could be traced to the interpretation process itself. Human conduct differs …
Arbitrability And Public Policy In Regard To The Recognition And Enforcement Of Arbitral Award In International Arbitration : The United States, Europe, Africa, Middle East And Asia, Veena Anusornsena
Theses and Dissertations
Party autonomy in international arbitration is the most compelling reason for the contracting parties to enter into arbitration agreement, rather than opting for litigation. However, arbitration functionalities may be hindered by several factors, one of which is 'arbitrability and public policy'. The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides arbitrability and public policy as the grounds for refusing the recognition and enforcement of foreign arbitral award for signatory states, thus allowing national courts to use their own discretion when determining the scope of these two issues.
Public policy is a concept that is …
Assessment Of The Dispute Settlement Mechanism In The Context Of The Wto, Shaymaa Mahmoud Bayoumi
Assessment Of The Dispute Settlement Mechanism In The Context Of The Wto, Shaymaa Mahmoud Bayoumi
Archived Theses and Dissertations
No abstract provided.
Enforcement Of Arbitral Awards In Nigeria: An Appraisal Of Emerging Trends, Foluke Olamiposi Omosuyi
Enforcement Of Arbitral Awards In Nigeria: An Appraisal Of Emerging Trends, Foluke Olamiposi Omosuyi
Archived Theses and Dissertations
No abstract provided.
Dispute Review Boards: Expected Application On Egyptian Large Scale Construction Projects, Islam Hassan El-Adaway
Dispute Review Boards: Expected Application On Egyptian Large Scale Construction Projects, Islam Hassan El-Adaway
Archived Theses and Dissertations
No abstract provided.