Law Commons^™

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 …

Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev

Georgia Journal of International & Comparative Law

No abstract provided.

The Role Of Language Interpretation In Providing A Quality Mediation Process, Alexandra Carter, Shawn Watts

Faculty Scholarship

This paper focuses on the role of language in mediation and the challenges multiple language fluencies bring to the practice. Beginning with a discussion of the process and ethics of mediation as a form of alternative dispute resolution, as distinct from other forms of dispute resolution including arbitration, the paper shifts to consider the importance of language. Language, and more specifically interpretation, plays a central role in the integrity of the mediation process and the quality of its outcomes. Each stage of mediation requires the participants and the mediator understand one another to ensure effective communication and a quality process. …

The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington

Pepperdine Law Review

No abstract provided.

Materials For Presentation: The Disappearing Colorado River, Lawrence J. Macdonnell

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

7 pages.

"Western Economics Forum, Fall 2010"

Re Canada Post Corp And Cupw (Paris), Innis Christie

Innis Christie Collection

This is a supplementary award. The parties could not agree on the interpretation of a consent award issued the day before this grievance. The issue being the length of time the Grievor was to remain free of illegal drug use. The Union said the 24 months mentioned in the award; the Employer said indefinitely. The counsel for the Employer also suggested that the Arbitrator did not have jurisdiction to decide the matter.

Cep V Bell Aliant Regional Communications Llp, Innis Christie

Innis Christie Collection

This is a policy grievance brought by the Union because the Employer refused to allow employees, who were accepting an early retirement package, to include outstanding vacation time as time served. The Union wanted the remedy to include a recalculation of entitlement for the relevant employees, a declaration that the Employer had violated the Agreement and an order that eligible employees be allow to reconsider their choices based on this decision. The Employer's interpretation hinged on the fact that the departure date was subject to the Employer's approval.

Federalism And Natural Resources Policy [Outline], Robert L. Fischman

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

2 pages.

"Robert L. Fischman, Indiana University School of Law–Bloomington"

"Outline of Presentation"

Re Izaak Walton Killam Health Centre And Nsgeu (P-05121), Innis Christie

Innis Christie Collection

This is a union policy grievance regarding the Employer's approach to the compensation of employees for time lost on storm days. The Employer was compensating only if the time lost was for less than two hours. The Union believed that the Employer should pay for the first two hours. The Union seeks full redress, including retroactive compensation. The Employer agreed to the requested remedy if the Grievance is successful.

The grievance fails. The Union could not prove its interpretation of the relevant clauses of the Collective Agreement.

Re Halifax Regional School Board And Nsupe, Loc 2 (2-39-2001), Innis Christie

Innis Christie Collection

Union grievance filed October 11, 2001, alleging breach of Articles 6.01(b) and 10.03 of the Collective Agreement between the Employer and the Union in effect from January 1, 2001 to July 31, 2004, which the parties agreed is the relevant Collective Agreement for purposes of this matter, in that the Employer had violated Articles 6.01(b) and 10.03 and "has posted a number of jobs that do not specify the days of the week on which the work is to be carried out". At the hearing the Union sought a declaration of what it alleged was the proper interpretation of Article …

Re Canada Post Corp And Cupw (Gillingham), Innis Christie

Innis Christie Collection

The Union claims that the Employer has an obligation to notify employees at least an hour in advance of work shift overtime being extended longer than initially expected. The Employer submits that this has never been the practice, that it is contrary to the Agreement, and that it would be impractical.

The grievance fails. Application of the article in question as the Union seeks to have it interpreted is clearly not what the parties intended. Indeed, it would be unworkable where the original work shift extension overtime is only for one hour, as it quite often is.

Recreation Management By The Blm: A Local Perspective, Ann Morgan

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

10 pages.

The Interpretation Of The Remedial Provisions Of The Cisg, Evelina Wilhelmina Innocentia Visser

LLM Theses and Essays

The drafting process of the most successful international uniform law of the last decades, the 1980 United Nations Convention on the International Sale of Goods (CISG) reflected that in order to become a set of "well-balanced subsidiary rules," international uniform must be drafted and implemented carefully. It is essential that an international uniform law is adapted to diverse cultures. The different needs and demands of the varied socio-economic systems and legal structures, perceptions, procedures, and cultures of the distinct legal systems of this world are a main and omnipresent consideration and must be capable of absorbing the unified law. Either …

Faa Exclusionary Clause: Are We Headed For A Broader Interpretation Of Interstate Commerce - Miller V. Public Storage Management, Inc., The, Matthew Potter

Journal of Dispute Resolution

The Federal Arbitration Act ("FAA") encompasses a vast spectrum of arbitration controversies. The FAA provides that "[a] written provision in .. . a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction... shall be valid, irrevocable, and enforceable."2 The preceding section of the Act, however, states that "nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce."3 In their efforts to maintain a balance between these competing interests, many courts have attempted to assemble …

Re Strait Crossing Joint Venture And Iuoe, Innis Christie

Innis Christie Collection

Union Grievance concerning calculation of overtime pay. Grievance dismissed.

Union grievance alleging breach of Articles 17, 19, and Appendices "A", "B", "C", "D", and "E" the Collective Agreement between the Unions and the Employer dated September 17, 1993, which the parties agreed is the Collective Agreement that governs this matter, in that the Employer paid overtime improperly. The Unions requested that the Employer be ordered to pay overtime in full, with interest.

Arbitration Agreements: Standard Of Review, Interpretation And Who Is Bound - Kenamerican Resources, Inc. V. International Union, United Mine Workers Of America, Shea Welch

Journal of Dispute Resolution

In KenAmerican Resources, Inc. v. International Union, United Mine Workers of America, the United States Court of Appeals for the District of Columbia Circuit found that a corporation which did not sign an arbitration agreement entered into by an individual who owned both that company, KenAmerican Resources, Inc., and the company that was clearly bound to the arbitration agreement, Ohio Valley Resources, Inc., was not bound by the arbitration agreement. 2 This was because the agent who signed the agreement, Robert Murray, was not acting on KenAmerican's behalf.3

Re Memorial University Of Newfoundland And Memorial University Of Newfoundland Faculty Assn, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties in that the Employer is in violation of Article 16 and other relevant articles in not paying Academic Staff Members at their Y-value (salary scale placement) as revised by the Salary Parity Committee. The Union requests compensation for all members of the Union who have not been paid in accordance with the Collective Agreement. At the outset of the hearings in this matter counsel for the parties agreed that this arbitration board is properly constituted and properly seized of this matter, and should remain seized after the issue of …

Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel

Scholarly Works

As the juxtaposition of these quotations suggests, judges have long held disparate views on the legitimacy and value of “public policy” considerations as a basis for legal decision making. The popular notion posits that Justice Holmes and legal realists carried the day, making public policy analysis an ordinary part of the adjudication process. The story, of course, is more complex than this legal version of Don Quixote. Many judges and lawyers, including Justice Holmes in other writings, continued to speak of adjudication in more formalist and positivist terms, with most laypersons in apparent agreement. Judge Burroughs' view of public policy …