Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Dispute settlement (5)
- New York Convention (5)
- International commercial arbitration (4)
- Public policy (3)
- Arbitrability (2)
-
- Arbitral awards (2)
- Arbitration (2)
- China (2)
- Contracts (2)
- Dispute Resolution (2)
- Investment disputes (2)
- U.S. (2)
- Appellate arbitral review;judicial review (1)
- Arbitral situs (1)
- Arbitral tribunal (1)
- Austria (1)
- Bad Faith (1)
- Bankruptcy (1)
- Bankruptcy laws (1)
- CISG (1)
- Case Law (1)
- Ceding Carrier (1)
- Choice of law (1)
- Commerce (1)
- Commercial Law (1)
- Commercial arbitration (1)
- Conflict resolution (1)
- Customary law (1)
- Denmark (1)
- Developing countries (1)
Articles 1 - 20 of 20
Full-Text Articles in Law
Judicial Review Of International Commercial Arbitral Awards By National Courts In The United States And India, Aparna D. Jujjavarapu
Judicial Review Of International Commercial Arbitral Awards By National Courts In The United States And India, Aparna D. Jujjavarapu
LLM Theses and Essays
Article V of the New York convention lays down the provisions under which the recognition and enforcement of an arbitral award may be refused. The United States and India are signatories to the Convention. Section 10(a) of the Federal Arbitration Act in the United States limits the scope of judicial review of the arbitral awards to a clear list of grounds of vacatur. The national courts of the United States have recognized several non-statutory grounds of which "manifest disregard of the law" as a standard of review is the focus in this thesis. In fact, the state of Georgia has …
The Need For A Transnational Appellate Arbitral Review Body, Priya Sampath
The Need For A Transnational Appellate Arbitral Review Body, Priya Sampath
LLM Theses and Essays
This thesis analyzes the necessity for the establishment of a transnational body of arbitral appeal. The paper also elaborates on how the establishment such a body will serve as a suitable replacement for judicial review and be an effective source of appeal in general. Also prescribed are suggestions based on which the appellate body may be conceived.
How To Deal With Multi-Party Nominations Of Arbitrators In International Commercial Arbitration - A Comparative Study Of Appointment Procedures With Emphasis On U.S.-European Commerce Between Private Entities, Marie-Beatrix Tupy
LLM Theses and Essays
The nomination procedure for the Arbitral Tribunal in commercial arbitration is one of the crucial points in the arbitral procedure. Parties have to have in mind the provisions of the New York Convention regarding the setting aside of an award in case of a failure during the nomination procedure of the tribunal. Besides from the famous Dutco case on multi-party arbitrations and their nomination procedures have received highest interest within the international arbitral world. As the thesis will comparatively show, all major arbitral institutions have updated their Rules, countries have even rendered new legislation with respect to the nomination procedure …
Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu
Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu
LLM Theses and Essays
Arbitration is an effective way to solve disputes, through which parties from different countries can be partially free from anyone’s local jurisdiction. However, the recognition and enforcement of international arbitration awards still rely on the national court system. Since China opened its door to the world, more and more commercial disputes have been settled through arbitration. However, many foreign investors and writers have complained about the defects in the recognition and enforcement of arbitration awards in China. This paper will look into the causes of these defects in, and try to find ways to resolve the defects.
A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo
A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo
LLM Theses and Essays
Universally held basic human rights must remain separate from political rights. Such basic human rights are those that are so universal that all societies, systems, nations, and ideology could, and do espouse them. Conversely, political rights are those that are dependent upon compatibility with the system of government in place and arc therefore far less likely to gamer universal support. An effective multilateral enforcement mechanism can only succeed if there are universal agreement and acceptance of the protected rights. Accordingly, at the outset of such a mechanism, only basic human rights may be enforced through trade sanctions. Once such a …
Public Policy Defense In International Commercial Arbitration, Mingqiang Qian
Public Policy Defense In International Commercial Arbitration, Mingqiang Qian
LLM Theses and Essays
The purpose of this thesis is to examine how public policy defense functions in international commercial arbitration and whether it will block the development of international commercial arbitration. Chapter II deals with the role of public policy in international private law. This chapter examines the origins of public policy in common law countries and its functions in international private law. It is difficult to evaluate public policy as a precise concept because of its relative nature. Nevertheless, to limit its application in international private law, legal scholars have tried to clarify differences between domestic public policy, international public policy, and …
Commercial Arbitration In The U.S.: The Arbitrability Of Disputes Arising From Statute-Based Claims, Sylvie Frankignoul
Commercial Arbitration In The U.S.: The Arbitrability Of Disputes Arising From Statute-Based Claims, Sylvie Frankignoul
LLM Theses and Essays
A leading contemporary expert in arbitration has explained: "The concept of arbitrability determines the point at which the experience of contractual freedom ends and the public mission of adjudication begins. In effect, it establishes a dividing line between the transactional pursuit of private rights and courts' role as custodians and interpreters of the public interest." 1 A major part of the arbitrability doctrine deals with the kind of claims that can fall within the scope of agreements for private dispute resolution. Arbitration clauses are an integral part of the parties' transactions. Nevertheless, the American judiciary historically has refused to enforce …
Arbitral Situs: Considerations And Consequences, Rajdeep Singh
Arbitral Situs: Considerations And Consequences, Rajdeep Singh
LLM Theses and Essays
It is the law of the forum that is applicable to matters like arbitrability of the dispute, the validity of the arbitration agreement, the jurisdiction of the arbitrators, their appointment, removal and replacement and the challenge to their authority. Apart from these matters the law of the arbitral situs also governs the conflict of laws rules applicable to the dispute. Though the principle of party autonomy allows the parties to agree to a procedural law other than that of the arbitral situs, they still have to comply with the mandatory provisions of the law of the venue. In case they …
The Interpretation Of The Remedial Provisions Of The Cisg, Evelina Wilhelmina Innocentia Visser
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 …
Reorganization A Comparative Study Of Reorganization In Denmark And In The United States, Poul Jagd Mogensen
Reorganization A Comparative Study Of Reorganization In Denmark And In The United States, Poul Jagd Mogensen
LLM Theses and Essays
The purpose of this thesis is to analyze and discuss a list of specific problems in the current Danish system and in this analysis to examine how these problems are dealt with under the United States laws on reorganization. The thesis consists of five parts in addition to this Introduction. Part II is an introduction to the laws on reorganization in Denmark and in the United States. Part II also includes a brief introduction to out-of-court workouts as an alternative to reorganization under the bankruptcy laws. Part III provides statistical information on the number of reorganizations, the outcome of reorganizations, …
Investment Disputes And Jurisdiction Of The International Center For Settlement Of Investment Disputes (Icsid), Vakhid Yakubjanovitch Saparov
Investment Disputes And Jurisdiction Of The International Center For Settlement Of Investment Disputes (Icsid), Vakhid Yakubjanovitch Saparov
LLM Theses and Essays
This thesis will analyze one of the ways in which disputes arising from developed countries' investment activities in the developing countries are decided. The issues of investment and disputes are of great importance to the developed countries as well as to developing countries. The scope of the issues gives rise to a multitude of questions of national and international law in an interdependent world economy. International investment attracts the close attention of international law because it brings the movement of people and financial resources from one country to another and such movement gives rise to a potential risk for conflict …
Enforcement Of International Arbitral Awards, Davd Levon Shahzadeyan
Enforcement Of International Arbitral Awards, Davd Levon Shahzadeyan
LLM Theses and Essays
The primary objective of this thesis is to show the proposals that have been made in order to amend the New York Convention. This study tries to analyze the problems that the proposed modifications seek to eliminate. In general these proposals were aimed at amending the Convention in order to widen the scope of application of the Convention and to eliminate the difficulties with the enforcement of arbitral awards in national courts Chapter two of this study gives a historical overview of the multilateral enforcement conventions prior to the New York Convention and a brief drafting history of the New …
The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht
The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht
LLM Theses and Essays
The aim of this thesis is to determine whether the dispute settlement institutions of the WTO and the NAFTA meet the standard, to compare the two systems, and to evaluate them. An issue that should be dealt with first is the question of comparability. Is it possible to compare the WTO and the NAFTA regarding their conflict resolution procedures? Or are they too different because one agreement works on the global level and the other on a regional one? Their institutions and their scope may differ, but they are still conducive to comparison because the underlying structure of these two …
The Role Of The Organization Of African Unity (Oau) In Regional Conflict Resolution And Dispute Settlement, Peter Mweti Munya
The Role Of The Organization Of African Unity (Oau) In Regional Conflict Resolution And Dispute Settlement, Peter Mweti Munya
LLM Theses and Essays
The emergence of an artificially constructed modern state with internal contradictions, sophisticated state apparatus, and weaponry, coupled with external forces has made Africa one of the most unstable regions in the world, and peace prospects a daunting task. The post-cold war era punctuated by forces of economic liberalization and dominance of the Breton Woods institutions in the economic management of the developing countries has not only accelerated the economic marginalization of Africa placing her at the fringes of the global economy but also wrought insecurity in their wake. This post-cold war and serves to emphasize the need for the OAU …
International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg
International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg
LLM Theses and Essays
Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …
Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh
Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh
LLM Theses and Essays
Reinsurance is insurance that an insurance company purchases from another insurance company. The original insurance company is called the reinsured, and the insurance company that is contracted is called the reinsurer. The main purpose of reinsurance is to disperse or spread the risk of loss. The reinsurance relationship is frequently characterized as an exercise of fiduciary responsibility based upon an undertaking of utmost good faith between contracting parties. However, disputes arise; most litigation involving reinsurance has been between reinsurers and persons not party to the reinsurance agreement. This paper’s first major area of discussion is the relationship between the reinsurer …
The Impact Of Arbitral Awards On The Development Of International Law: The Development Of The International Law Concerning The Taking Of Foreign-Owned Property, Rainer Gildeggen
The Impact Of Arbitral Awards On The Development Of International Law: The Development Of The International Law Concerning The Taking Of Foreign-Owned Property, Rainer Gildeggen
LLM Theses and Essays
The thesis concludes that arbitral awards do have an impact on the development of international law. It focuses on arbitral awards rendered in disputes between states and on those rendered in investment disputes between states and aliens. In Chapter II theoretical considerations concerning the influence of arbitral awards on the development of the international law are made. Chapter III, which examines the impact of arbitral awards on the development of some rules of the international law concerning the taking of foreign-owned property, illustrates the role which arbitral awards rendered in investment disputes play in the development of international law.
Remedies For Breach Of Contract Under The Uniform Commercial Code, The General Conditions Of Delivery Of Goods Of The Council For Mutual Economic Assistance And The United Nations Convention On Contracts For The International Sale Of Goods, Hasan T. Choudhury
LLM Theses and Essays
This thesis attempts to examine and compare an important component of any law of contract for the sale of goods, namely, the remedies available to an aggrieved party following a breach of contract. The first part of the thesis deals with the historical background of the uniform laws, their scope and specific characteristics. The following chapters examine the status, role and significance of the two major remedies - the damages and specific performance, in the major legal systems and the uniform laws. In addition, it compares the remaining remedial provisions and concludes that, although the major legal systems of the …
The Law Governing Arbitration Agreements In International Trade, Daniele Lingua
The Law Governing Arbitration Agreements In International Trade, Daniele Lingua
LLM Theses and Essays
This paper on the law applicable to arbitration agreements will start with an examination of the provisions adopted in international conventions on arbitration. The reason for this approach lies in the fact that, when national statutes contain choic of law rules specifically applicable to arbitration agreements, such rules tend to conform to those adopted by the conventions. However, problems of incompatibility between national choice of law provisions and the interpretation of international conventions may arise in the case of those countries which extend their general choice of law rules regarding contracts to rules concerning international arbitration agreements. Finally, this paper …
The Peaceful Settlement Of International Disputes Within The United Nations System, Giovanni Acerbi
The Peaceful Settlement Of International Disputes Within The United Nations System, Giovanni Acerbi
LLM Theses and Essays
The purpose of this thesis will be, after having examined generally the principles which regulate the settlement of international disputes under international law, to understand the function that the United Nations has in the settlement of disputes and, particularly, to see the role played by the General Assembly and the Security Council in preserving peace and security, including the pacific settlement of disputes. In order to do that, we cannot avoid, of course, investigating and clarifying the purposes of the United Nations as an organ of conciliation. Then we will examine the United Nations structure, particularly the General Assembly, the …