Law Commons^™

Convergence And Divergence: Comparative Analysis Of Procedural Rule Changes Of The Hong Kong And Singapore International Arbitration Centers Within The Framework Of Neo-Institutional Theory, Phillip Hoang Tran

Dissertations

International commercial arbitration (ICA) plays an essential role in resolving disputes between companies engaged in complex, cross-border business transactions. It offers an efficient, neutral, and enforceable mechanism for resolving disputes across different legal and cultural backgrounds. ICA is generally conducted at international arbitration centers located throughout the world. According to the extant literature, there is convergence of procedural rules among these centers. Sabharwal and Zaman (2014), for example, claim increasing convergence of procedural rules among all the major arbitration centers. Similarly, Sharma (2021) proposes that this convergence helps build the international arbitration system. However, there is a near absence of …

Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration, Ahmed Badr Eldin

Theses and Dissertations

At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of the privatized governmental enterprises had been tainted by corruption. Crucially, the Court maintained that flagrant breach of law, regulations, and administrative orders that encompassed these transactions created serious suspicions about corruption committed by public officials and investors. It concluded that the existence of corruption, as a transnational public policy consideration, had deprived foreign investors of …

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 …

Adversarial Or Inquisitorial: Which Approach Is Closer To Arbitration?, Ahmed Galal Zaki

Archived Theses and Dissertations

Adversarial techniques such as pre-trial discovery of documents, cross-examination, and lengthy oral pleadings are now in vogue in the conduct of international commercial arbitration proceedings. This paper responds to this trend by analyzing both the adversarial and the inquisitorial systems in an attempt to demonstrate which is more fulfilling to the objectives of international commercial arbitration. These objectives are party autonomy, neutrality, efficiency, flexibility, and confidentiality. In the finale, the paper provides that although the adversarial system is in line with the autonomy rights of those who opt for arbitration, its inquisitorial counterpart is more neutral, efficient, flexible, and confidential. …