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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 Nov 2012

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 …


Service-Oriented Foreign Direct Investment: Legal And Policy Frameworks Protecting Digital Assets In Offshoring Information Technology (It) - Enabled Services, Tilahun Mishago Apr 2012

Service-Oriented Foreign Direct Investment: Legal And Policy Frameworks Protecting Digital Assets In Offshoring Information Technology (It) - Enabled Services, Tilahun Mishago

Theses and Dissertations

This thesis examines challenges caused by global cyberspace, which continues to undermine the ability of regulatory instruments aimed at cyber security and deterring cybercrime so that digital assets including those associated with Foreign Direct Investment (FDI) are protected. Progress in information and communication technology (ICT) has brought about both challenges and opportunities for mankind. While ICT has enabled seamless communication on cyberspace, it has also made every phenomenon, positive or negative on cyberspace possible. The good side of ICT is the endless opportunities provided to harness multiple features and capabilities of associated technologies while its side effect being the enormous …