Thesis (M.A.)--City University of Hong Kong, 2005. / "Master of Arts in arbitration and dispute resolution, LW 6409 dissertation" Title from PDF t.p. (viewed on May 23, 2007) Includes bibliographical references.

Alors même, qu’au sein de l’arbitrage, les usages sont omniprésents, un grand nombre d’acteurs ne sont pas conscient de leur existence. Pour autant, ils sont retrouvés tout au long de l’instance arbitrale. En amont de la prise de décision, les usages processuels permettent une règlementation précise et efficace de la procédure arbitrale. Au moment de la prise de décision, le recours aux usages substantiels est un bon moyen de parvenir à la décision la plus adéquate et ainsi mettre un terme au litige. Ils constituent ainsi un outil efficace, mais surtout alternatif aux Droits nationaux. / Although, in arbitration, usages are everywhere, many practitioners are not aware of their existence. However, they are involved in every step of the arbitral proceeding. Before the making of the decision, procedural usages enable the organization of a sound and precise regulation of the arbitral proceeding. At the time of the making of the decision, substantial usages ensure to come to the most adequate decision, in order to put an end to the dispute. Hence, they can be a very useful tool, that would be an alternative to national Laws

Conciliation Boards, upon the structure and operation of which this study focuses, are a part of the legal machinery which has been developed since 1937 by British Columbia's legislators as a means of attempting to solve disputes which arise between labour and management personnel with reference to the signing of new collective agreements between these two parties before these parties attempt to solve such disputes by employing the technique of a strike and/or a lockout. The purpose of the Conciliation Board is, thus, to attempt to persuade labour and management personnel to achieve a settlement without employing the technique of the strike or the lockout. Casual observation of two factors—the widely-publicized industrial unrest in British Columbia of recent years, manifested principally in the form of strikes and lockouts, and newspaper articles in which opinions critical of the functioning of Conciliation Boards were expressed—prompted the author to embark upon the present research, the purpose of which was twofold: firstly, and most importantly, to attempt to determine, by employing sociological perspectives, whether or not—regarding the Conciliation Board as a part of the means, or machinery, devised to accomplish the specific end of settling a collective-agreement dispute before the parties resort to the strike or the lockout—any characteristics of the structure or operation of this machinery are inefficient in that they in effect work against the accomplishment of its avowed purpose; and, secondly, to attempt to discover the principal causal factors involved in the process and outcome of the interaction of Conciliation Board personnel when a Conciliation Board is constituted for the purpose of attempting to achieve agreement between the two disputing parties. Extensive exploratory interviewing with experienced Conciliation Board personnel produced a body of data from which, by dint of considerable reflection along sociologically-oriented lines, forty-three hypotheses were developed about four fundamental themes. These hypotheses were subsequently synthesized into a more unified analytic conception by reclassifying them in terms of three categories: External Factors, Internal Factors, and Other-role Factors. The hypotheses were tested by means of an extensive and detailed questionnaire, and the rationale behind the selection of this particular testing-technique is discussed in Chapter III, as is the nature of the sample, and the means by which the sample was selected. The testing of each hypothesis is then described in detail, the results of the tests are set forth, and some of the implications of these results are considered. In Chapter IV, the results of the tests of the hypotheses are examined in the light of the twofold purpose of the thesis (outlined above): the findings of the tests are summarized, the conclusions to which they give rise are recapitulated briefly, and any recommendations which seem indicated are put forward. These recommendations are summarized in a final section, and any general trends of interest suggested by a panoramic consideration of all of the data are described and their significance discussed. These general trends are summarized briefly below. The first is that accommodative and normative conciliation (two ways in which, it was hypothesized, the Conciliation Board chairman may conceive his role*) are relatively distinct in that they are not often used in sequence, and that, of the two, accommodative conciliation is overwhelmingly preferred under all circumstances. A second general observation is that public opinion is not a factor which exercises any important influence upon the operation of Conciliation Boards. Third, employer nominees seem more closely tied to the wishes of their parties as a result of a combination of two factors: their perception of employers as having a greater economic vulnerability to a markedly unfavourable report, and the effect of the "secondary" type of relationship which employers enjoy with their principals. Fourth, an accumulation of evidence makes it apparent that chairmen are somewhat more favourably inclined toward employer nominees as a result of a combination of several factors: firstly, a sympathy based upon social-class and occupational similarities, with an attendant identification of economic and political values; secondly, a belief in the greater economic seriousness, for an employer, of a particularly unfavourable award, and, thirdly, the tendency, alleged by union nominees, of the Social Credit government to appoint chairmen who tend to be more favourably inclined toward employers. In the author's opinion, these factors (that is, those mentioned in the fourth generalization) are the principal causes of a fifth general phenomenon: a generalized dissatisfaction, on the part of union nominees (and, presumably, unions), with the way in which the Boards operate. In response to the information brought to light by the data gathered in the present study, eight recommendations have been made which, it is hoped, would alter the present conciliation machinery in such a way as to render it more satisfactory to those whom it serves; the first seven of these recommendations appear on pages 222-223, and the eighth on pages 226-227. / Arts, Faculty of / Sociology, Department of / Graduate

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Interim Measures are viewed as an essential means to protect parties‘ rights in international commercial arbitration disputes. Most Arbitration Laws and Rules have recognised the arbitral tribunal‘s power to grant such measures. The success of this system relies on the court‘s assistance of the tribunal during the process. This relationship between the tribunal and the court is something vague under Egyptian Law, since there are no clear rules addressing the matter. Hence, this research examines the theories that explain the tribunal‘s authority and the relationship with the authority of the court. This study uses a comparative analytical approach in terms of analyzing relevant legal texts to determine the optimal legal approach to the issue. The purpose of the study is to address deficiencies in the Egyptian law – the Code of Civil Procedure and Egyptian Arbitration Law – and compare it with English, Scottish Arbitration Acts and international arbitration systems, laws, and practices. The findings of this research offer several recommendations that could help achieve a successful and smooth arbitration process. This study identifies and explains types of interim measures and explores the international practice of every type. It gives some important recommendations for future development and improvement of the Egyptian law. It also makes general recommendations that would help improve the efficiency of the English and Scottish laws.

Today we live in a world where international trade accounts for a significant proportion of the daily trade for an enormous number of companies and institutions. The number of international commercial deals that are made every day is countless. The sheer scale of international trade invariably results in an increase in the number of disputes between international partners. However, where there are problems, methods to resolve the disagreements will invariably appear. One of the main and mostly preferred methods is arbitration. Arbitration is preferred for it is convenient and cost-effective method to resolve disputes between business partners. Saudi Arabia has recently reformed its Arbitration Regulations through the implementation of new regulations in 2012. This replaces previous regulations dating from 1983 and the implementation rules of 1985. This thesis examines, analyses and criticises these regulations and compare them to the English and the Scottish arbitration laws. Throughout this study, the old Saudi regulations and implementation rules are examined in order to determine how the rule of arbitration worked in the country. Following this, the new regulations are presented to see what has changed and if there has been any improvement. This is subsequently followed by a discussion on the scale of the improvement and whether further improvements are required in Saudi Arabia. This thesis will also carry out a comparison with the English Act of 1996 and the Arbitration Scotland Act of 2010. The conclusion address and highlight the main differences between the regulations, when present and highlights what the Saudi legislator can benefit from the laws under consideration. One of the main aims of this study was to find if the Saudi Arbitration Regulations have improved and addressed the issues that concerned researchers and commentators in the past. The research finds that there are significant improvements in the Saudi regulations.

Qatar is among the fastest growing developing countries in all fields. Since the State of Qatar gained independence from the United Kingdom, the Qatari government has been focusing on the formation of state institutions to keep pace with global development. In 1971, Qatar released the first civil and commercial law. The country established the first step towards the separation of civil and commercial transactions of Islamic law. However, the ever-changing nature of business and global economy requires significant economic and societal changes. With the increase of foreign investors in Qatar, there had to be a law governing arbitration in contracts. Therefore, the government promulgated the arbitration clause in commercial contracts; the first code of civil and commercial procedure contains a chapter of the arbitration. However, the provisions of arbitration included in this law are not compatible with the UNCITRAL Model Law. Although there is a shortage in literature regarding arbitration in Qatar, several studies discussed issues related to arbitration in Qatar and called for the adoption of a new separate arbitration law in Qatar compatible with the UNCITRAL one. This prompted Qatar to work on a new draft law of arbitration, especially after the ratification of the New York Convention 1985 by Qatar. However, these studies did not cover other factors which affect arbitration; such as cultural attitude towards arbitration and issues affecting the practice of arbitration in Qatar. Unlike previous studies regarding arbitration in Qatar, this thesis uses multi-methods to get an answer of the main question of the research, which is: “Will the new Arbitration Draft Law solve all the issues related to arbitration in Qatar, thereby attracting international companies to Qatar and its law for their arbitration?” The thesis reviews the related literature in the first stage. Then it analyses interviews which were held with a number of arbitration stakeholders, the recent Qatari draft law of arbitration, the GCC unified arbitration draft law and the Qatar Financial Centre (QFC) draft law. After that it conducts a comparison between the current provisions of arbitration, the Qatari arbitration draft law and the GCC unified arbitration draft law in light of the UNCITRAL Model Law and the Egyptian Arbitration Law. This multi-methods study results in recommendations which are listed in its conclusion. It is worth mentioning that both the Qatari arbitration draft law and the QFC draft law are considered for the first time in a research study. Also, the interviews which were held for the purpose of this research enrich the outcome as the participants were chosen from various categories of arbitration stakeholder, where some of them represent official entities; such as the Legislation Department of the Ministries Council and some of them are high ranking officials of these entities; such as the Minister of Justice.

- Legal Status of an Arbitrator Main aim of this thesis is to describe the legal status of an arbitrator in international and national arbitration. Arbitration is an alternative dispute resolution which is nowadays very frequently used and which has been established in Czech Republic by Arbitration Act. Arbitrator is the most important person in arbitration because he leads the trial and makes binding and enforceable decisions. Thesis is divided into six parts which concern about alternative dispute resolutions, about arbitration generally, historical evolution of legal status of an arbitrator in Czech Republic, current legislation, legal status of an arbitrator and permanent arbitration courts and legal status of a financial arbitrator. The merit of this thesis is to grasp main problems which arise on the field of legal status of an arbitrator and describe the approach of courts and legal experts. Paper also contains comparison with the legal system of Slovakia, Germany and the United Kingdom and incorporates the latest amendments. of Arbitration Act.

New Trends in International Commercial Arbitration Abstract: The purpose of my thesis is to analyze two leading trends in international commercial arbitration. Those trends are (i) the influence of electronic means of communication on arbitration proceedings and (ii) confidentiality and its actual development in respect to implied duty of confidentiality in arbitration proceedings. The main methodology of research was to compare recently revised arbitration rules with its previous wordings (UNCITRAL Rules, ICC Rules, SCC Rules and CAM Rules) and examine changes related to the above enlisted topics. Furthermore diverse sources were used in the thesis such as arbitration rules of different institutions, experts' publications and also e-mail correspondence with representatives of observed arbitration institutions. The thesis is composed of three chapters. The first chapter summarizes actual revisions of observed arbitration rules without making any conclusions. The second chapter describes the influence of modern technologies on arbitration proceedings. The chapter consists of four parts. The first part introduces online arbitration and presents possible ambiguities in this term. The second part focuses on specific stages of arbitration proceedings and analyzes in detail, how those stages are influenced by...

The aim of this thesis called Arbitration Procedure in the Czech Republic is to characterize Arbitration in the Czech Republic, describe individual aspects of Czech Arbitration and outline highly discussed issues of recent months. This thesis called Arbitration Procedure in the Czech Republic is composed of nine chapters excluding the introduction and conclusion. Each of these chapters deals with different aspect of Arbitration Procedure. The first chapter contains definition of Arbitration Procedure, types of Arbitration, doctrines of Arbitration and enumeration of advantages and disadvantages of Arbitration Procedure. The second chapter summarizes the most important sources of law relating to Arbitration. Chapter 3 deals with one of the most important concepts of Arbitration, which is Arbitrability. Arbitrability is a characteristic of disputes that can be heard before Arbitrators or Arbitral Institutions. Positive and negative conditions of Arbitrability are described in this chapter as well. The fourth chapter focuses on Arbitration Agreement. Its definition and types are included in this chapter and it is also concerned with nature, content and the requirements of the Arbitration Agreement. T The fifth chapter concentrates on Arbitrators. It deals among other with conditions that Arbitrators...