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Der elektronisch geschlossene Vertrag mit Schiedsabrede : Zulässigkeit und anwendbares Recht in nationalen und internationalen Schiedsverfahren /Baldus, Bianca Natalie, January 2004 (has links)
Thesis (doctoral)--Universiẗat, Saarbrücken, 2003. / Includes bibliographical references (p. 285-305).
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The justice of Dikê on the forms and significance of dispute settlement by arbitration in the IliadMalamis, Daniel Scott Christos January 2011 (has links)
This thesis explores the forms and significance of dispute settlement by arbitration, or ‘δίκη’, in the Iliad. I take as my focus the ‘storm simile’ of Iliad XVI: 384-393, which describes Zeus’ theodical reaction to corruption within the δίκη-court, and the ‘shield trial’ of Iliad XVIII: 498-508, which presents a detailed picture of such a court in action, and compare the forms and conception of arbitration that emerge from these two ecphrastic passages with those found in the narrative body of the poem. Analysing the terminology and procedures associated with dispute settlement in the Iliad, I explore the evidence for the development of an ‘ideology of δίκη’, that valorises arbitrated settlement as a solution to conflict, and that identifies δίκη as a procedure and a civic institution with an objective standard of fairness: the foundation of a civic concept of ‘justice’. I argue that this ideology is fully articulated in the storm simile and the shield trial, as well as Hesiod’s Works and Days, but that it is also detectable in the narrative body of the Iliad. I further argue that the poet of the Iliad employs references to this ideology, through the narrative media of speech and ecphrasis, to prompt and direct his audience’s evaluation of the nature and outcome of the poem’s central conflict: the dispute of Achilles and Agamemnon.
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An evaluation of the dispute resolution mechanisms of conciliation and arbitrationNdimurwimo, Leah Alexis January 2008 (has links)
South African labour laws have undergone tremendous amendments before and after independence. This paper focuses on the development after independence, therefore section 34 of the Constitution of 1996, provisions of the Labour Relations Act of 1995 and other laws which deal with labour matters and regulate the labour relations and disputes in the country will be considered. The labour laws in South Africa provide inter alia for the dispute resolution mechanisms, the manner on which disputes should be handled by different organs which are empowered to do so. My focus will be to see how alternative disputes resolution processes of conciliation and arbitration in the Eastern Cape Province aim to transform the South African and global labour market by promoting an integrated simple, quick but efficient and inexpensive dispute settlement services in order to reduce the back log of cases, maintain labour peace, promote democracy at workplace with the view of advancing economic and social justice.
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Legal analysis of the effectiveness of arbitration process in unfair dismissal dispute : South African perspectiveMachete, Memory January 2022 (has links)
Thesis (LLM. (Labour Laws)) -- University of Limpopo, 2022 / This dissertation presents a legal analysis of the effectiveness of arbitration process in unfair dismissal dispute with a particular emphasis on South Africa. The use of arbitration process in resolving unfair dismissal dispute is influenced by its efficiency, accessibility and flexibility.
In South Africa, arbitration process is employed by the CCMA that was established to encourage effective labour dispute. A central problem that the CCMA encounter which affects its effectiveness is the high number of unfair dismissal disputes referred for arbitration process. According to the legal research offered in this dissertation, the number of unjust dismissal disputes brought to arbitration process continue to rise every year. As a result, the CCMA is swamped by these referrals, which affects its effectiveness.
According to the findings, the arbitration process is now widely used around the world to resolve unfair dismissal disputes. The extent to which the arbitration process is adopted to resolve unfair dismissal dispute varies from country to country and is guided by legislation. As a result, it has been discovered that the CCMA may benefit from the ACAS’s arbitration process strengths from the United Kingdom as well as Namibia’s arbitration process strengths.
The United Kingdom results show that ACAS is able to resolve a higher proportion of unfair dismissal dispute through conciliation rather than arbitration, which reduces the number of referrals from the arbitration process. In Namibia, if parties to unfair dismissal dispute want to refer an unfair dismissal dispute for arbitration process it must be done by mutual agreement between the parties except in exceptional circumstances. All this mode of operation between United Kingdom and Namibia when resolving unfair dismissal disputes hinder high referral rate from the arbitration process.
This dissertation concludes with recommendations arising from policy making that promotes the effectiveness of the arbitration process and limiting the abuse of the process.
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La Procédure D’Annulation des Sentences Arbitrales du CirdiLe Frapper, Iohann January 1993 (has links)
Note:
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Some reflections on international commercial arbitrationCole, Rowland James Victor 31 October 2003 (has links)
Arbitration is central to the settlement of transnational commercial disputes. This
dissertation discusses arbitration as an alternative method of dispute settlement as
opposed to litigation. The work surveys the difficulties relating to international
commercial arbitration and the enforcement of awards, and efforts made to overcome
them.
The research is divided into four chapters. The first chapter introduces the reader to the
work. It gives a general background to international commercial arbitration and briefly
explains what the dissertation is all about. Chapter two is definitional. It examines some
of the definitions of international commercial arbitration and contains the author's
thoughts on this issue. The author is of the view that the traditional definitions do not
properly address the concept. It is concluded that the question whether an arbitration is
international should largely depend on whether international norms are used to resolve
the dispute rather than by reference to geographical considerations. This chapter also
weighs the advantages and disadvantages of arbitration as against litigation. Chapter three
deals with recognition and enforcement of awards. This is considered crucial since at the
end of the day, parties to arbitration would want to enforce their awards in a court of law,
in the event of non-compliance. Since the award might be made in a foreign country,
enforcement may be problematic. The chapter examines efforts made in intemational and
domestic law to overcome such problems and achieve enforceable awards. A selection of
multi-lateral, regional and domestic laws is examined. This chapter also discusses
problems of enforcing awards against states and steps taken to overcome them. The final
chapter deals with general conclusion and suggestions. It is suggested that efforts should
be made to harmonise international commercial arbitration. This can be achieved both in
domestic and international law. / Jurisprudence / LL.M. (Jurisprudence)
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論在仲裁程序中對 "超裁" 裁決的避免 =Study on avoiding of the arbitral tribunal ultra vires during the arbitral procedure / Study on avoiding of the arbitral tribunal ultra vires during the arbitral procedure朱依蒓 January 2016 (has links)
University of Macau / Faculty of Law
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Arbitragem e Administração Pública: a estruturação da cláusula arbitral em face do regime jurídico-administrativoEstefam, Felipe Faiwichow 27 February 2018 (has links)
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Previous issue date: 2018-02-27 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / This thesis deals with arbitration, as a method of dispute resolution between the Public
Administration and private parties. The research question is: what are the mandatory provisions
of the arbitration clause agreed between the Administration and a private party, in view of the
legal-administrative regime? The text is divided into four chapters. The first chapter examines
the use of arbitration by the Administration in the context of state reform, whereby the
application of private methods of dispute resolution became meaningful in the public sphere.
This chapter also copes with investigating the evolution of arbitration in the Brazilian legal
system and jurisprudence. In addition, the chapter studies the conformation of arbitration in the
Administrative Law scenario. The second chapter ventures into the study of the peculiarities of
arbitration involving the Administration, bringing the main legal provisions that condition the
use of the arbitration. The third chapter, in its turn, addresses objective arbitrability, dealing
with some contributions of foreign law; about the criteria for the definition of ‘rights that may
be disposed’; regarding arbitrability in the context of government contracts and on the content
of the arbitration clause in light of arbitrability. In this chapter, a specific legal principle,
regarding the content of the arbitration clause, is constructed. In the fourth chapter, the
investigation analyzes how the arbitration clause must be structured, in view of the peculiar
provisions of the legal-administrative regime and of the principle built by this thesis. The fourth
chapter also promotes a practical investigation of arbitration clauses used in government
contracts already concluded. Finally, the research question is answered in the conclusion / Esta tese versa sobre a arbitragem, como método de resolução de controvérsias entre a
Administração Pública e o particular. A questão central de investigação (research question) é:
quais são os preceitos obrigatórios da cláusula arbitral firmada pela Administração e o
particular, em vista do regime jurídico-administrativo? O texto é dividido em quatro capítulos.
No primeiro capítulo, averígua-se que o uso da arbitragem pela Administração insere-se no
contexto de reforma do Estado, pelo qual a aplicação de métodos privados de resolução de
controvérsias passou a fazer sentido na esfera pública. Este capítulo também se ocupa de
investigar a evolução da arbitragem no ordenamento jurídico e na jurisprudência brasileiros.
Ainda, o capítulo estuda a conformação da arbitragem no cenário do Direito Administrativo. O
segundo capítulo incursiona no estudo das peculiaridades da arbitragem envolvendo a
Administração, trazendo as principais disposições jurídicas que condicionam o uso do instituto.
O terceiro capítulo, por sua vez, aborda a arbitrabilidade objetiva, tratando sobre alguns
contributos do direito estrangeiro; acerca dos critérios para a definição da disponibilidade; a
respeito da arbitrabilidade no contexto dos contratos administrativos e sobre o conteúdo da
cláusula arbitral em face da arbitrabilidade. Neste capítulo, constrói-se um princípio jurídico
específico a respeito do conteúdo da cláusula arbitral. No capítulo quarto, a investigação analisa
como a cláusula arbitral deve ser estruturada, em vista dos preceitos peculiares do regime
jurídico-administrativo e do princípio construído por esta tese. O capítulo quarto promove,
outrossim, uma investigação prática a respeito de cláusulas arbitrais já usadas em contratos
administrativo. Finalmente, responde-se à pergunta inicialmente realizada, apresentando-se
uma conclusão
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Remedies in WTO dispute settlement mechanism : a study of scope, ambit, effectiveness of the mechanism and the proposals for future reform / Study of scope, ambit, effectiveness of the mechanism and the proposals for future reformTao, Yang January 2005 (has links)
University of Macau / Faculty of Law
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仲裁裁決的承認與執行, 以澳門為中心 / Study on the acknowledgement and execution of arbitral awards, focusing on Macau practice戴小強 January 2008 (has links)
University of Macau / Faculty of Law
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