Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration Commons

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type

Articles 1 - 8 of 8

Full-Text Articles in Dispute Resolution and Arbitration

European Financial Regulations – Post Crisis Ciarb Presentation.Pdf, Mohamed Raffa Apr 2016

European Financial Regulations – Post Crisis Ciarb Presentation.Pdf, Mohamed Raffa

Mohamed Raffa Dr.

The presentation considers the case for Financial Regulations in financial markets, post crisis by reference to a selection of recent interpretations and cases involving European Union regulations.
The presentation also makes reference to a limited number of cases in other jurisdictions in which those regulations are a measure of the sorts of complicated financial disputes that may arise again in the future.
This is a review of the current knowledge on various tradeoffs regarding public policies towards systemic financial and corporate sector restructuring.
It discusses empirical findings that consistency in the framework adopted for bank and corporate restructuring is the …


Choosing The Law Of An Arbitration Agreement, Mohamed Raffa Jan 2014

Choosing The Law Of An Arbitration Agreement, Mohamed Raffa

Mohamed Raffa Dr.

The importance of choosing the law governing an arbitration agreement regardless of the choice of the seat. Parties to a contract may not be aware that an arbitration agreement is separable and distinct from the main contract between the parties.


What Has Sharia Got To Do With Arbitration, Mohamed Raffa Jan 2014

What Has Sharia Got To Do With Arbitration, Mohamed Raffa

Mohamed Raffa Dr.

In Arbitration, parties do not seek revenge as in criminal proceedings, they are there to seek equitable justice in compensation. In Sharia, rules are set to eliminate equitable injustice. For cultural differences as well as misconceptions due in large to the influence of Sharia based local laws and the complicated enforcement schemes, many foreign investors have been reluctant to seat their arbitrations in countries that apply Sharia or to attach themselves to a contract with a ‘Sharia Arbitration’ clause.


Arbitration, Women Arbitrators And Sharia, Mohamed Raffa Dr. Feb 2013

Arbitration, Women Arbitrators And Sharia, Mohamed Raffa Dr.

Mohamed Raffa Dr.

So, can the Arbitrator be a woman? Omar, the third Khalipha in Islam after Prophet Muhammad, actually appointed a female judge. Today, across the various Muslim countries, there are female judges in almost every Muslim country except in Saudi Arabia. There are about 70 female Iraqi judges, 10 female judges in the UAE, 20 in Egypt female judges and Arbitrators, Nigeria recently appointed the first female Chief Justice in Africa as well as it has one of the largest National Associations of Women Judges; with more in other Muslim Countries including Indonesia and Malaysia.


Amiable Composition And Ex Aequo Et Bono Arbitration, Mohamed Raffa, Mohamed Raffa Jan 2013

Amiable Composition And Ex Aequo Et Bono Arbitration, Mohamed Raffa, Mohamed Raffa

Mohamed Raffa Dr.

Amiable Composition and arbitration ex aequo et bono are variations of commercial arbitration in which the parties expressly agree that the Arbitrator is not bound by strict rules of law and is free to give effect to general considerations of equity and fair-play on an award decided upon being equitable and bona fide.


Challenging Arbitration Awards In England, Northern Ireland And Wales, Mohamed Raffa May 2011

Challenging Arbitration Awards In England, Northern Ireland And Wales, Mohamed Raffa

Mohamed Raffa Dr.

Challenging the award under England Arbitration Act 1996 is provided for in a wider scope than the UNCITRAL Model Law, albeit its policy is clearly in favour of finality of awards.


Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo Dec 2005

Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds significantly to Singapore law on forum non conveniens on two important points. First, it establishes that it is not necessary to show that the alternative forum abroad is constituted as a court of law. Secondly, the case establishes that whether there is a defense claim on the merits is an …


Post-Settlement Settlements: Agreeing To Make Resolutions Efficient, Robert W. Mendenhalt Jan 1996

Post-Settlement Settlements: Agreeing To Make Resolutions Efficient, Robert W. Mendenhalt

Journal of Dispute Resolution

The purpose of this article is to more fully describe the concept of postsettlement settlements, to discuss the assumptions upon which it is based, to critique the concept, and to make proposals that will assist third-party intervenors in achieving advantageous post-settlement settlements. Since the goal of post-settlement settlements is to increase conflicting parties' joint gains, the concept of joint gains must be first addressed.