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Articles 1 - 9 of 9
Full-Text Articles in Legal Remedies
Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim
Pepperdine Dispute Resolution Law Journal
Recognizing the gaps in existing legislation, this article will argue that disputes arising between claimants and museums regarding the repatriation of Nazi-looted artwork should be decided by binding arbitration rather than litigation. To facilitate such arbitration, international law should support the creation of an arbitration commission, which would provide the most efficient and consistent way to resolve claims. Moreover, a neutral forum with clear rules of law and procedure capable of resolving claims would not only be more fair to claimants, but also to museums and personal collectors. This article will first discuss the severity and magnitude of Nazi looting …
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
Michael Diathesopoulos
The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.
International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason
International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason
Pepperdine Dispute Resolution Law Journal
This article will explore the advantages of instituting appellate mechanisms in investor-state disputes and international commercial arbitration. Part II begins with a review of the WTO Appellate Body's development and workings, followed by an analysis of other appellate procedures for international trade law arbitration, including the MERCOSUR system's Permanent Court and the Grain and Feed Trade Association's appeals process. Part III examines the current methods for reviewing investor-state arbitration awards under ICSID and NAFTA. Part III goes on to advocate for the creation of an Appeals Facility, separate from current arbitral institutions, which would be empowered to hear appeals in …
An Unnecessary Consternation: An Analysis Of The Future Of Eu Arbitration In The Wake Of The West Tankers Decision, Mark G. Materna
An Unnecessary Consternation: An Analysis Of The Future Of Eu Arbitration In The Wake Of The West Tankers Decision, Mark G. Materna
Pepperdine Dispute Resolution Law Journal
This article proposes that, despite the West Tankers decision, parties are still not free to breach the terms of an arbitration agreement. On the contrary, there has been a strong trend by English courts to find ways of preventing parties from breaching such agreements. In short, this article serves to quell the panic and elucidate that the West Tankers decision is not a nail in the coffin, but rather a mechanism to reiterate European courts' dedication to ensuring that arbitration provisions remain a potent force against economic infidelity. Part II of this article will provide a brief background of anti-suit …
Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level , Shala Ali, Williams E. Davis, Joanna Lee
Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level , Shala Ali, Williams E. Davis, Joanna Lee
Pepperdine Dispute Resolution Law Journal
Systems of multi-stakeholder dispute resolution are increasingly recognized as objectives of good governance by international organizations such as the United Nations Development Program (UNDP). Such objectives arise out of insights based on the dynamics of social capital that community based initiatives cannot succeed where trust is absent and mechanisms for collective decision-making do not exist. Yet localized decision-making can take many forms-whether distributional, competitive, or collaborative. This paper will examine, in particular, the impact of collaborative systems of decision-making on building social capital through access to justice in local communities. It will do this through examining participant feedback, meeting minutes, …
La Inconsistente “Declaración” De Oficio De La Nulidad Del Contrato En El Código Civil Peruano De 1984, Rómulo Morales
La Inconsistente “Declaración” De Oficio De La Nulidad Del Contrato En El Código Civil Peruano De 1984, Rómulo Morales
Rómulo Martín Morales Hervias
El segundo párrafo del artículo 220 del Código Civil peruano debe interpretarse sistemáticamente en el sentido que el juez puede excepcionar una causal de nulidad del contrato aunque las partes no la invoquen.
La Prospettiva Dei Rimedi Nel Diritto Privato Europeo (Remedies As An Emerging Concept In The European Private Law), Dr. Yehuda Adar, Prof. Pietro Sirena
La Prospettiva Dei Rimedi Nel Diritto Privato Europeo (Remedies As An Emerging Concept In The European Private Law), Dr. Yehuda Adar, Prof. Pietro Sirena
Yehuda Adar Dr.
No abstract provided.
Access-To-Justice Analysis On A Due Process Platform, Ronald A. Brand
Access-To-Justice Analysis On A Due Process Platform, Ronald A. Brand
Articles
In their article, Forum Non Conveniens and The Enforcement of Foreign Judgments, Christopher Whytock and Cassandra Burke Robertson provide a wonderful ride through the landscape of the law of both forum non convenience and judgments recognition and enforcement. They explain doctrinal development and current case law clearly and efficiently, in a manner that educates, but does not overburden, the reader. Based upon that explanation, they then provide an analysis of both areas of the law and offer suggestions for change. Those suggestions, they tell us, are necessary to close the “transnational access-to-justice gap” that results from apparent differences between rules …