published_or_final_version / Real Estate and Construction / Master / Master of Science in Construction Project Management

published_or_final_version / Economics and Finance / Doctoral / Doctor of Philosophy

Interstate arbitration is commonly viewed as an essentially judicial process, suitable for the resolution of legal questions but inappropriate to deal with “political” issues. This conception, however, arguably flies in the face of both the origins and historical function of interstate arbitration and the complex legal-political nature of most interstate disputes. This paper offers an alternative account of interstate arbitration, which views it as a sui generis hybrid mechanism that combines “legal” and “diplomatic” dimensions to effectively resolve all aspects of interstate disputes. The paper examines this proposed account by analyzing four complex interstate territorial disputes that were submitted to arbitration and assessing the extent to which these two dimensions were recognized and employed, and how this may have affected the resolution of the disputes. Based on this analysis, the paper offers a two-dimensional operative framework intended to guide states and arbitrators in the resolution of future complex interstate disputes.

<p>Aims of the research paper is to examine the legal framework&nbsp / of implemantation and enforcement of DSB recommendations and rulings and to investigate the trend of non-compliance with BSD recommendations and rulings where complianant&nbsp / &nbsp / is a developing country.</p>

Legal Regulation of International Arbitration Procedure in the Czech Republic and Argentina The purpose of my thesis is to describe the legal regulations of international arbitration in the Czech Republic and Argentina, find the differences between them and draw appropriate conclusions. The thesis begins with an introduction, where I outline the reasons why I chose this topic, the method used and the outcome that I plan to reach. Following the introduction, the thesis is divided into six chapters. The first chapter provides the reader with a general overview of basic concepts of arbitration. The chapter begins with an attempt to define what arbitration is by putting it in a historical context and then placing it within (or beyond) the scope of alternative dispute resolution. Next, the four main theoretical concepts, which are crucial for the understanding of arbitration, are outlined. The last part of the chapter contains the advantages and disadvantages of arbitration, which explain the popularity of (international) arbitration. The next chapter deals with the legal regulation of international arbitration in the Czech Republic. It opens with a brief description of development of arbitration throughout Czech history and then is divided into sub-chapters dealing with specific elements of...

The purpose of my thesis is to analyse one of the most used type of extrajudicial procedures, the International commercial arbitration. The reason for my research is the progress and elevation of use of the arbitration and not only on international field. The thesis is composed of six chapters, each of them dealing with different aspects of Arbitration. Chapter One is introductory and defines basic terminology used in the thesis. The chapter is subdivided into two parts. Part One describes international arbitration and domestic arbitration and explains differences between them. Part Two deals with the question of arbitrability in Czech Republic and in different countries. Chapter Two is subdivided into five parts and provides an outline of permanent court of arbitration. Part One illustrates the approach to Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic. Part Two looks at Court attached to International Chamber of Commerce in Paris. Part Three describes International court attached to Vienna International Arbitration Centre. Part Four looks at Slovak arbitration court in Bratislava and the last part deals with the oldest arbitration court, The London Court of International Arbitration. Chapter Three examines relevant Czech and...

Resumé This thesis on selected aspects of the resolution of the international investments disputes tackles the challenge of the arbitrator under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Its main aim is to analyze current legal regulation of the arbitrator's qualification and the following challenge procedures. Further to analyze, how is current international practice with regard to issue of impartiality and independence of arbitrators in case law of the International Centre for Settlement of Investment Disputes. Upon such analysis to reveal shortcuts of the legal regulation and case law and propose future improvements for the whole system of the arbitrators' challenges. The thesis itself is dividing into chapters, the first chapter deals with the arbitrators' qualifications and challenges in the international investment arbitration. Further refers to the interpretation of relevant articles of the Washington Convention by arbitral tribunals and to conclusions formulated by them in challenge decisions. The second chapter is base on the comparison between arbitrators' challenges and qualifications in the international investment arbitration and the international commercial arbitration, where is main target to analyze differences of both systems....

in English In the past several decades, arbitration has become very popular method of settlement of international business disputes. One of the key factors behind this success is the possibility to choose the arbitrator. Nevertheless, the right of a party to select an arbitrator is subject to limitations as it may clash with some basic legal maxims such as the right to a fair trial. The specific definition of the right to a fair trial varies from one jurisdiction to another, but its essentials remain the same. In the context of selection of arbitrators, the right to a fair trial manifests itself in a form of the principle that all arbitrators must be and remain independent and impartial. That means that a person deciding a dispute must not be influenced by matters outside of the proceedings which would result in a bias towards or against either of the parties. In order to achieve this, rules applicable to arbitration contain a pro cedure to remove an arbitrator who fails to meet these requirements from the tribunal. One of the types of bias which impairs impartiality of an arbitrator is the so-called "issue conflict." This term refers to a relationship between an arbitrator and the subject matter of a case with a potential to cause prejudgment on certain issues. Various authorities, however,...

Conscious of the limitations of the petroleum-based economy in Bahrain, the Bahraini government aims to improve other industries, such as finance. Therefore, the aim of this thesis is to study the current status of banking confidentiality in Bahrain, and to discover the possibilities for improvement in the banking sector in Bahrain, so that the country can succeed in being the financial centre of the Middle East. The main aspects of this study are to explore the meaning of the doctrine of confidentiality; the duration of and the exceptions to the duty of confidentiality, and the delicate balance between protecting banking confidentiality and combating money-laundering. This thesis is based on library research, involving an analysis of a range of documents, publications, cases, articles, online sources and legal materials from the United Kingdom (UK) and Bahraini jurisdictions and legislations, both in Arabic and English. The findings are as follows: surprisingly, compared to English law, the exceptions to the duty of confidentiality under Bahraini law are much more limited. They are clearly stated under the CBBFIA. Although the CBBFIA designates four articles that deal with the duty of confidentiality, it lacks specific and important details related to the application of these articles, such as the scope and duration of the duty of confidentiality. Bahraini courts have failed to apply any article for the protection of banking confidentiality, and the court records lack any cases relating to the protection of banking confidentiality. Also a significant number of money- laundering transactions could be performed through banks. Finally, bank customers in Bahrain have little awareness of their rights in the framework of banker-customer confidentiality.

M.A. / This research examines bargaining councils, the industrial level collective bargaining agents created by the new Labour Relations Act. This study contributes towards filling a gap not only in information that is lacking on bargaining councils, but also attempts to understand their dispute settlement role more fully. Two surveys were conducted, one, the content analysis of the constitutions of councils, and, the second, a questionnaire administered to bargaining councils, which particularly looked at their dispute work. Initial survey findings were qualified and extended through an investigation of a single council, the Clothing Industry Bargaining Council (Northern Areas). Bargaining councils place more emphasis on dispute settlement than industrial councils, and a particular difference between the two types of councils, relates to the potential role of bargaining councils to conduct arbitration. The level of accreditation may be linked to the union that is party to it. Further, a bargaining council’s ability to successfully resolve cases is dependent on clearly delineated procedures for settlement, the establishment of key relationships within the council, and, the accumulation of financial reserves. Importantly, the age of a bargaining council allows for these features to develop over time. The success of individual councils has overall benefits for labour relations in South Africa. Therefore, the formation of bargaining councils needs to be encouraged in sectors where, at present, they do not exist. Moreover, established councils should increasingly apply for accreditation for conciliation, and especially arbitration, where they are not accredited. This research modifies our understanding of councils by providing an indication of their importance in the current industrial relations dispensation, through an appreciation of the role of bargaining councils in dispute settlement. / Prof. P. Alexander