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International Commercial Mediation And Dispute Resolution Contracts, Nadja ALEXANDER, Natasha TUNKEL 2022 Singapore Management University

International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel

Research Collection Yong Pung How School Of Law

Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute between …


Arbitration In Securities Exchange Trading Contracts Concluded Between The Financial Intermediary And The Investor In Light Of The Uae Law, Ramzi Madi Dr., Samer Al-Maaytah 2022 Associate Professor of Commercial Law - College of Law - Al Ain University

Arbitration In Securities Exchange Trading Contracts Concluded Between The Financial Intermediary And The Investor In Light Of The Uae Law, Ramzi Madi Dr., Samer Al-Maaytah

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

With the growing role of financial brokers in securities exchange trading operations in stock markets and their monopoly of buying and selling securities for the account of investors in the financial markets, this has led to the emergence of many disputes between financial brokers and their clients resulting from buying and selling orders for the purpose of concluding trading operations issued by the investor for financial intermediate.

Because of the technical nature of securities exchange trading operations, many countries have sought to find appropriate means to settle such disputes of a special nature, and found that arbitration is one of …


The Arbitration Of Interim Relief In Terms Of Comparative And Emirati Law, Prof. Sayed Mahmoud Ahmed, Mahmoud Fayyad Dr. 2022 Professor of Civil Procedure and Arbitration at the College of Law, University of Sharjah,& Ain-Shams University

The Arbitration Of Interim Relief In Terms Of Comparative And Emirati Law, Prof. Sayed Mahmoud Ahmed, Mahmoud Fayyad Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The interim protection for legal rights is one of the methods of judicial protection that avoids the risk of delay in the implementation of the law and in providing objective protection for these rights and centers, as well as to preserve them from this risk by taking urgent, temporary or conservative measures by issuing judgments or orders. Therefore, the aim of this research is to answer the following questions: does the arbitrator have the right to consider interim requests to achieve this protection, and if yes what is the legal base of this authority? What are the authorities of the …


Settlement Of Disputes Arising From Documentary Credit Under National And International Regulations, Dr. Hoda Magdy Nour 2022 Assistant Professor at Princess Nourah University Kingdom of Saudi Arabia Lecturer, Department of Civil and Commercial Litigation, Faculty of Law, Helwan University

Settlement Of Disputes Arising From Documentary Credit Under National And International Regulations, Dr. Hoda Magdy Nour

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The need Settlement of disputes arising from bank credit between national and international rules, protecting the interests of the bank and ensuring its financial rights before the debtor.

As the Bank faces different technical and legal difficulties, as well as the multiplicity of legal adaptation, we deal with the rules governing banking accreditation from the point of pleadings law, and the methods of amicable settlement of these disputes and following, and compulsory execution.

International efforts are taking the lead in establishing the technical regulation of bank accreditation and setting rules "DOCDEX" in 1997, and the 2015 amendments, which still need …


The Specificity Of Resorting To Arbitration In Financial Leasing Contracts In Palestine: A Comparative Study, Banan Tantour Mss., Dr. Amir Khalil 2022 PhD student, University of Bucharest, Romania

The Specificity Of Resorting To Arbitration In Financial Leasing Contracts In Palestine: A Comparative Study, Banan Tantour Mss., Dr. Amir Khalil

UAEU Law Journal

This study addresses the commercial arbitration in the financial leasing contracts in Palestine, and the study discusses the possibility of arbitration clause in financial leasing contracts and the importance of these clauses in such contracts in Palestine.

The study concluded that the arbitration clause is permissible in the financial leasing contracts however; there are some aspects in which arbitration are not permitted according to the Palestinian Law. The study also recommends that, the Palestinian legislator has to amend some articles in the financial leasing Act in particular article 6 of the Act and he could adopt the institutional arbitration as …


Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai 2022 Loyola University New Orleans College of Law

Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai

Washington and Lee Law Review Online

The United States Supreme Court recently issued a fractured decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (June 15, 2022), a classic David v. Goliath clash between a worker and employer. Can arbitration agreements be used to eliminate group or representative actions brought against employers, where the plaintiff worker is serving as a bounty hunter for the State? Although the majority clearly holds that a worker’s individual claims must be sent to arbitration pursuant to a predispute arbitration agreement, the splintered opinions leave some uncertainty regarding what happens to the representative claims of the other …


Non-Satisfaction Of Pre-Arbitration Requirements: Moving Away From Conditions Precedent Towards The Admissibility Of A Claim – Nwa V Nvf, Darius CHAN, Joel SOON 2022 Singapore Management University

Non-Satisfaction Of Pre-Arbitration Requirements: Moving Away From Conditions Precedent Towards The Admissibility Of A Claim – Nwa V Nvf, Darius Chan, Joel Soon

Research Collection Yong Pung How School Of Law

In earlier cases, the non-satisfaction of pre-arbitration requirements has been analysed by the Singapore and English courts by reference to the issue of conditions precedent. It was assumed without argument that, if a requirement was construed as a condition precedent, the failure to satisfy that requirement would deprive the tribunal of jurisdiction. More recently, English and Hong Kong case law has focused on a different issue, asking whether the failure to meet the pre-arbitration requirement affects the tribunal’s jurisdiction or the admissibility of the claim. This case note analyses whether the Singapore courts should follow suit.


Peer Mediation: A New Opportunity In St. Louis City Schools, Beatrice Connaghan 2022 Saint Louis University School of Law

Peer Mediation: A New Opportunity In St. Louis City Schools, Beatrice Connaghan

SLU Law Journal Online

Mediation is often used in legal disputes, but what happens when the same process is applied to children in order to deter conflicts and avoid the need for school administration intervention? In this article, Beatrice Connaghan discusses the process of training students to become peer mediators to deter conflicts in St. Louis Schools.


The Non-Applications Of Good Faith, Trust, And Confidentiality In Arbitration: A Study Of The Annulment Cases In Indonesia, Anangga W. Roosdiono, Muhamad Dzadit Taqwa, Mayta Ciara Salsabila 2022 BANI Arbitration Center (Chairman)

The Non-Applications Of Good Faith, Trust, And Confidentiality In Arbitration: A Study Of The Annulment Cases In Indonesia, Anangga W. Roosdiono, Muhamad Dzadit Taqwa, Mayta Ciara Salsabila

Indonesia Law Review

Arbitration is a dispute resolution method that is chosen by the parties for, mainly, avoiding weaknesses of resolving disputes through the general court. It has three principles, that strongly connect to one another, to hold: good faith, trust, and confidentiality. These principles determine whether a dispute resolution through arbitration will be successful. However, in many - if not all - cases, many disputing parties still do not maintain these principles. This reality can be observed in annulment cases. Although the annulment mechanism renders a protection to the parties from the errors made by intention, this mechanism opens an opportunity for …


Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr. 2022 University of Qom

Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr.

Indonesia Law Review

International Investment Law and other international legal systems, such as trade law and environmental law have interactions and dynamic interrelationships in meeting global challenges including energy security, climate change, and the need for the renewable energy transition. They help in delivering the principles of justice in the context of changing global values and legal practices. Accordingly, they have a potential share in the global climate change mitigation agenda through innovative policies and regulations, inter alia, to facilitate and promote foreign investment and trade in the renewable energy sector. Similarly, these systems have common principles in their respective agreements. The Most-Favoured …


Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum 2022 Villanova University Charles Widger School of Law

Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Novelty In Terms Of Jurisdiction And Procedural System For The Enforcement Of Foreign Arbitration Awards In The United Arab Emirates, Prof. Sayed Mahmoud Ahmed, Dr. Mudhafar Jaber Al-Rawi 2022 Professor of Civil Procedure and Arbitration at the College of Law, University of Sharjah,& Ain-Shams University

The Novelty In Terms Of Jurisdiction And Procedural System For The Enforcement Of Foreign Arbitration Awards In The United Arab Emirates, Prof. Sayed Mahmoud Ahmed, Dr. Mudhafar Jaber Al-Rawi

UAEU Law Journal

يجسد التنفيذ الاختياري والجبري غاية طلب التحكيم لكل من يحصل على حكم يحقق المراد من الدعوى التحكيمية. وفي نطاق أحكام التحكيم الأجنبية، فإن الترخيص بدون شروط أو قيود وطنية لتنفيذ أحكام التحكيم الأجنبية يؤدي إلى المساس بسيادة الدولة على إقليمها، لذا أصبح الأمر بالتنفيذ هو الأداة الرقابية القضائية التي يفرضها المشرع الوطني على إرادة الأطراف، فهي رقابة لاحقة على صدور حكم التحكيم – الوطني أو الدولي أو الأجنبي -حين يراد تنفيذه. ونظراً لتباين التشريعات الدولية والوطنية في شروط وإجراءات تنفيذ الاحكام التحكيمية الأجنبية فإن مشكلة الدراسة تكمن في معرفة أي النصوص الواجبة التطبيق لتقدير مدى توافر اختصاص وإجراءات استصدار الأمر …


Litigating Terror In The Sinai After The Egyptian Spring Revolution: Should States Be Liable To Foreign Investors For Failure To Prevent Terrorist Attacks?, Robert Howse, Amin R. Yacoub 2022 New York University

Litigating Terror In The Sinai After The Egyptian Spring Revolution: Should States Be Liable To Foreign Investors For Failure To Prevent Terrorist Attacks?, Robert Howse, Amin R. Yacoub

Michigan Journal of International Law

The ambiguity of the due diligence standard of the Full Protection and Security obligation in investment treaties persists to this day. A recent ICSID tribunal found a developing state liable for breaching the Full Protection and Security obligation due to its inability to protect a foreign investment against terrorist attacks in a remote deserted area. In this article, we analytically criticize the Ampal v. Egypt arbitral award against the comprehensive factual matrix behind the case. Based on our criticism of Ampal, we argue that developing states should not be liable for failing to prevent or stop terrorist attacks under the …


Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman 2022 Goshen College

Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman

The Journal of Social Encounters

No abstract provided.


Keterlambatan Pemberitahuan Akuisisi Pada Perusahaan Yang Terafiliasi Ditinjau Dari Hukum Persaingan Usaha Di Indonesia (Studi Putusan Komisi Pengawas Persaingan Usaha (Kppu) No. 27/Kppu-M/2019), Rahmad Hidayat 2022 Universitas Indonesia

Keterlambatan Pemberitahuan Akuisisi Pada Perusahaan Yang Terafiliasi Ditinjau Dari Hukum Persaingan Usaha Di Indonesia (Studi Putusan Komisi Pengawas Persaingan Usaha (Kppu) No. 27/Kppu-M/2019), Rahmad Hidayat

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Whether we realize it or not, business competition between business actors in the relevant market will more or less be affected by the acquisition. Acquisition in business competition has a close relationship with abuse of dominant position in the market which can lead to monopolistic practices and unfair business competition. If the Acquisition is carried out to hinder business competition and the economy, then it is contrary to Article 29 of Law no. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. Therefore, the Acquisition should be investigated further to ascertain the extent to which …


A Hague Parallel Proceedings Convention: Architecture And Features, Paul Herrup, Ronald A. Brand 2022 Member, Pennsylvania Bar

A Hague Parallel Proceedings Convention: Architecture And Features, Paul Herrup, Ronald A. Brand

Articles

In Paul Herrup and Ronald A. Brand, A Hague Convention on Parallel Proceedings, 63 Harvard International Law Journal Online 1(2022), available at https://harvardilj.org/2022/02/a-hague-convention-on-parallel-proceedings/ and https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3894502, we argued that the Hague Conference on Private International Law should not undertake a project to require or prohibit exercise of original jurisdiction in national courts. Rather, the goal of current efforts should be to improve the concentration of parallel litigation in a “better forum,” in order to achieve efficient and complete resolution of disputes in transnational litigation. The Hague Conference is now taking this path. As the Experts Group and Working Group …


Mass Arbitration 2.0, Andrew B. Nissensohn 2022 Washington and Lee University School of Law

Mass Arbitration 2.0, Andrew B. Nissensohn

Washington and Lee Law Review

Over the past four decades, corporate interests, in concert with the Supreme Court, have surgically dismantled the American civil litigation system. Enacted nearly a century ago, the Federal Arbitration Act (FAA) was once a procedural law mandating that federal courts enforce arbitration agreements between sophisticated parties with equal bargaining power. Through death by a thousand cuts, corporate interests shielded themselves from nearly all methods of en masse dispute resolution. These interests weaponized the FAA into a “one size fits all” means to compel potential litigants with unequal bargaining power into arbitration. The so-called “Arbitration Revolution” is the subject of much …


Artificial Bias: The Ethical Concerns Of Ai-Driven Dispute Resolution In Family Matters, Wensdai Brooks 2022 University of Missouri School of Law

Artificial Bias: The Ethical Concerns Of Ai-Driven Dispute Resolution In Family Matters, Wensdai Brooks

Journal of Dispute Resolution

From the global positioning systems (GPS) that guide our morning commute to the more complex machine learning systems used to build Spotify’s curation algorithms, artificial intelligence (AI) has become a central part of the way that society functions efficiently. AI has become increasingly integrated into our daily lives, permeating consumer and corporate worlds alike. Despite a reputation for being slow to adopt new technology, the legal field has been particularly forward in embracing the use of AI to increase docket speeds, optimize case management, and fill gaps in access to justice. An impressive array of programs now exists, creating a …


Faculty List, 2022 University of Missouri School of Law

Faculty List

Journal of Dispute Resolution

No abstract provided.


Description, 2022 University of Missouri School of Law

Description

Journal of Dispute Resolution

No abstract provided.


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