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The role of alternative dispute resolution methods in the constructionindustry and the application of these methods in Hong KongLau, Kin-ho, Lewis, 劉健豪 January 1996 (has links)
published_or_final_version / Real Estate and Construction / Master / Master of Science in Construction Project Management
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Pathological arbitration clauses in international commercial arbitration :law and practice in ChinaHuang, Ze Yu January 2016 (has links)
University of Macau / Faculty of Law
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L'article 1613 C.c.Q. : une perspective nouvelleAlessandrini, Mandy January 2004 (has links)
No description available.
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Légitimité et autonomie des principes d'UNIDROIT relatifs aux contrats du commerce internationalMercedat, Ralph January 2003 (has links)
No description available.
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The security of international investments : a synthesis of impacts on public policies and domestic law of host states : a dissertation submitted to the Victoria University of Wellington in partial fulfilment of the requirements for the degree of Master of Laws /Costanza, Livia. January 2009 (has links)
Thesis (LL.M.)--Victoria University of Wellington, 2009. / Includes bibliographical references.
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Public conciliation in trade disputes in Hong Kong /Lai, Chan-hing, Bernadette. January 1900 (has links)
Thesis (M. Soc. Sc.)--University of Hong Kong, 1981. / Cover title.
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Judicial respect for international commercial arbitration agreements in Canadian courts under the New York Convention and UNCITRAL model lawBarbour, Alan Norman 05 1900 (has links)
In Europe of the Middle Ages, there existed an autonomous regime
of truly private international business law based upon the customs
and usages of merchants, the Law Merchant, administered in lay
tribunals. The courts and legislators usurped the jurisdiction of
the lay tribunals, and subverted the Law Merchant to municipal law.
Arbitration was similarly subverted to municipal courts and strict
legal controls. The courts continued to guard their jurisdiction
jealously into the 20th century, when nations came to realize the
inadequacy of national legal systems for international business
problems, and the desire of business to escape parochial legal
concerns and municipal courts. Canada adopted the New York
Convention and UNCITRAL Model Law in 1986, which maximize party and
arbitral autonomy and restrict court interference with arbitration.
These new laws would permit the resurrection of an autonomous
regime of international commercial dispute settlement largely
divorced from national law and court controls, if the courts
cooperate. This thesis is the first comprehensive, up-to-date
study (of which I am aware) of Canadian case law on arbitration in
the context of the history of autonomous commercial dispute
resolution from the its zenith in the Middle Ages through its
nadir, to its present attempted resurrection. This thesis shows
that the courts of Canada continue to guard their jurisdiction
jealously, finding the means in old notions and precedents to
justify their refusal to cede jurisdiction to arbitrators. The
courts have ignored the policies underlying the new laws, have
failed to apply international precedents and standards, and have
continued to apply notions and precedents from an era hostile to
arbitration.
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Légitimité et autonomie des principes d'UNIDROIT relatifs aux contrats du commerce internationalMercedat, Ralph January 2003 (has links)
This thesis analyses three issues raised by the application of the general principles of law to commercial arbitration. First, it is essential to assess the core and the substance of the general principles of law. Our first hypothesis purports that the UPICC reduces considerably the uncertainty of the general principles of law in international trade. Secondly, an analysis of the nature of the UPICC is needed, in order to determine whether they have the essential features of a transnational norm and can thus escape the application of national legal norms. We will thus analyse the existing mechanisms to assure the autonomy, of PUCCI, from national law. Thirdly, we will analyse the legitimacy of the UPICC. In doing so, we shall refer to the concept of reflexive legimitacy, a legitimacy obtained through the consensus of the merchant community. This reflexive legitimacy over the UPICC is generally admitted. Two rules within the UPICC, however, raise doubts and concerns over their acceptability in the merchants' community: the hardship and the gross disparity provisions. (Abstract shortened by UMI.)
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Fraud in the letter of credit transaction and its possible arbitrationFohler, Gernot. January 1999 (has links)
The letter of credit continues to play an indispensable role in the financing and securing of international commercial transactions. Its usefulness and efficacy derives primarily from the fact that it is independent from the underlying relationship between buyer and seller. In a considerable number of cases, however, the independence of the letter of credit has been challenged as a result of fraud in the underlying transaction. After analyzing recent reforms of the regulatory framework governing letters of credit, this fraud exception to the independence principle will be reappraised in the light of current developments in Canada and the United States. Finally, the author argues that arbitration can and indeed should play an increasingly important role in the resolution of international letter of credit disputes involving fraud in the transaction.
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L'article 1613 C.c.Q. : une perspective nouvelleAlessandrini, Mandy January 2004 (has links)
The notion of foreseeability is at the heart of contracts and is based on the notion of corrective justice with a normative content. The quantum of damages should represent the obligational content of the contract. The analysis of foreseeability shows the importance of reasonable expectations and implied obligations. The notion brings to light criteria which are congruent with the criteria of certainty and predictability underlying the rule of law.
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