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The practice of international trade is specific and evolves rapidly in accordance with its needs. Today arbitration constitutes the usual way to settle disputes of international commerce. However, certain rules of arbitration do not seem to be adapted with this practice. The written form of the arbitration agreement as required by, inter alia, the New York Convention and the UNCITRAL Model Law on International Commercial Arbitration is one of them. First this thesis presents the rules of these two instruments. Then international trade's practice is examined, and especially the incorporation of arbitration clauses by reference and the use of electronic means to conclude such clauses. There is a noteworthy discrepancy between the rules and reality of trade. / Having exposed the various difficulties, this thesis examines national laws and case law in order to determine whether they offer satisfactory solutions. Different interesting answers have been brought in Civil Law as well as Common Law countries. Yet they remain local and do not allow for harmonization worldwide. They even often vary one from another and are sometimes contradictory. / A more satisfactory solution could be found on the international level, and more specifically by the UNCITRAL. Indeed the Commission entrusted the Working Group II the mission of proposing a solution. A proposal of compromise has been drafted, namely, a revised article of the Model Law and an interpretative instrument of the New York Convention. This soft proposal is interesting but will perhaps not be able to settle all the problems related to the issue of the arbitration clause's form.

Thesis (M.A.)--City University of Hong Kong, 2006. / "A dissertation paper undertaken in partial fulfillment of the Master of arts in arbitration and dispute resolution." Title from title screen (viewed on Sept. 20, 2006) Includes bibliographical references.

Thesis (M.A.)--City University of Hong Kong, 2005. / Title from title screen (viewed on Mar. 27, 2006) "MA in dispute resolution and arbitration." Includes bibliographical references.

This thesis try to contribute a legal research of the commercial arbitration system in Mainland China . With the developing of the Mainland China¡¦s economy, China¡¦s government is devoted to establish the legal system of the foreign investors don¡¦t trust the legal system of PRC. The commercial arbitration is a common and important way of the international disputes resolution. It will be more popular in the future.This article discusses about the international arbitration and the China¡¦s new commercial arbitration system. Not only introduces the arbitration law of PRC, but also discusses the internati -onal arbitration,for example UNCITRAL MODEL LAW and THE NEW YORK CONVENTION. This article also discusses relation between arbitration and the courts.

The central subject of this thesis is the power of an arbitral tribunal to order a state to refrain from pursuing criminal proceedings against a commercial enterprise if such an investigation constitutes an abuse of power or an attempt to obtain an unfair procedural advantage or harass of the investor, rather than a legitimate exercise of the state’s police power. The first chapter addresses the nature of international arbitration and how different theoretical models may help to explain the limits of the arbitrators’ adjudicative powers and the attitude of various national legal orders and domestic courts to arbitration agreements, proceedings and awards. The second chapter analyzes different approaches to investment arbitration as a form of global governance, and reviews arbitral jurisprudence on the interaction between protection of foreign investment and states’ power to conduct criminal proceedings. The third chapter focuses on jurisprudence of the International Court of Justice (ICJ) and various arbitral tribunals on provisional measures affecting the conduct of criminal proceedings. It identifies key developments and trends in the jurisprudence, especially with respect to the rights that could be protected by such measures. Finally, the fourth chapter addresses the question how to balance the states’ right (or even an obligation) to combat global corruption and crime, one the one hand, and the due process rights accorded to private entities when their commercial and investment disputes are resolved through international arbitration, on the other hand. / Graduate / 2022-03-19

Article II of the New York Convention on Recognition and Enforcement of the Foreign Arbitral Awards is a central provision concerning recognition and enforcement of foreign <I>arbitration agreements. </I>It is deemed, however, to be one of the most controversial provisions of the Convention. The main cause of the complexity of this article is that Article II was thought about and added to the body of the Convention on Recognition and Enforcement of <I>Foreign Arbitral Awards </I>at the last stages of the New York Conference. The hasty insertion of Article II has left unsettled many legal questions concerning arbitration agreements. In the application of the New York Convention, Article II has given rise to many questions. In fact, a substantial number of all national courts decisions so far reported deals, either completely or in part, with questions concerning arbitration agreements under Article II. This thesis is an attempt to trace most legal implications concerning the application and interpretation of Article II of the New York Convention. Many problems are observed. Those problems include the failure of this Article to identify the arbitration agreements to which the Convention applies, the failure to determine the law applicable to arbitration agreements, and the broad ambiguous sweep of the language used in Article II in many occasions. This study is, therefore, devoted to identifying these problems, establishing their nature and extent and finding a satisfactory solution to them with relevant suggestions and proposals. In dealing with these problems a description and analysis of legislative and judicial practice on the subject in various countries which are parties to the Convention have been made. It is noted in many places of this thesis that Article II of the New York Convention like many provisions of most international conventions may represent a compromise and thus it may not be entirely satisfactory in every aspect it deals with. Article II's shortcomings could be, however, cured by the courts. Establishing a new convention on the subject could be a very difficult if not impossible task. In this regard, an observation has been made on the question of the extent to which national courts, by the so-called "interpretation", have been willing to promote harmonious rules in the field of international commercial arbitration, despite the shortcomings of Article II.

The arbitration clause is the clause by which the parties to a contract agree to submit the conflicts that may rise from their contractual relationship to an arbitral tribunal. A principle of autonomy is associated to this type of clause: on the one hand, the arbitration clause is separable from the main contract; on the other hand, it is independent from any state law. To a certain extent, one may even link this principle to other principles concerning the arbitration clause, such as the Kompetenz-Kompetenz principle. The question is to know whether special rules apply to the arbitration clause.

Thesis (doctoral)--Jāmiʻat al-Qāhirah. / Summary in English. Title on added t.p.: The bond of arbitration in Islamic jurisprudence & positive law. Includes bibliographical references (p. 673-786) and index.

Thesis (Ph.D.)--Aberdeen University, 1998. / Title from web page (viewed on Mar. 22, 2010). Includes bibliographical references.