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The right of third party non-signatory in arbitration under Hong Kong jurisdiction the way forward /Lai, Choi Yin. January 2007 (has links) (PDF)
Thesis (M.A.)--City University of Hong Kong, 2007. / Title from PDF t.p. (viewed on Sept. 7, 2007) "A dissertation in partial fulfillment of the requirements for the degree of Master of Arts in arbitration and dispute resolution" Includes bibliographical references.
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Adverse effects in civil engineering contracts in Hong Kong arising from the confidential nature of arbitrationHarris, Geoffrey S. January 2006 (has links) (PDF)
Thesis (M.A.)--City University of Hong Kong, 2006. / "Master of Arts in arbitration and dispute resolution, LW6409 Research project" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
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"Is the international regime of the Arbitration Ordinance compatible with the right to court access under the Basic Law?"Holgate, Mark. January 2006 (has links) (PDF)
Thesis (M.A.)--City University of Hong Kong, 2006. / "MA arbitration and dispute resolution, City University of Hong Kong, dissertation (LW 6409)" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
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Confidentiality and public interest in mixed international arbitrationChirichiello, Michela January 2003 (has links)
No description available.
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The adoption of the uncitral model law by the Federal Republic of Germany in the light of British Columbia’s experienceMueller, Holger 11 1900 (has links)
This thesis deals with the UNCITRAL Model Law, its general purpose and history, with
the current situation and regulation of international commercial arbitration in Germany, with an
examination of Canada's experiences with the Model Law and its acceptance by the Canadian
Courts. It also deals with the question whether the Model Law really is an ideal arbitration law,
and the thesis concludes with an evaluation of British Columbia's experiences and a strong
recommendation to the German legislature to implement the UNCITRAL Model Law into the
German statutes as soon as possible. The final chapter of this thesis contains a suggested
English version of the new German International Commercial Arbitration Act. As an appendix,
I have provided the texts of the British Columbia International Commercial Arbitration Act and
the UNCITRAL Model Law.
The intention of my thesis is to examine how Canada, and its province British Columbia
in particular, have implemented the UNCITRAL Model Law. In this context, the analysis
emphasizes on the modifications of the original Model Law made by the British Columbia
legislature, the British Columbia International Commercial Arbitration Act of 1986, this Act's
acceptance by the Courts of British Columbia, the acceptance of the Model Law by Canadian
Courts in general, the improvements in the area of international commercial arbitration in
Canada since 1986, and the B.C. International Commercial Arbitration Centre.
There are two reasons for my investigation of the Canadian experience. The first reason
is the fact that these Canadian experiences with the Model Law are of interest to the Federal
Republic of Germany, because Canada was the first country in the world to adopt the
UNCITRAL Model Law almost a decade ago, and the Federal Republic of Germany presently
is considering implementing the Model Law as well. Therefore, Canada, and British Columbia
in particular, can be exemplary models for Germany. The German adoption of the Model Law is another main issue of this thesis which deals with problems arising in Germany in connection
with the implementation.
My thesis is that the Federal Republic of Germany has to implement the UNCITRAL
Model Law as soon as possible. Some facts to be discussed and results of my research that
really support my thesis in this context are the goals of Germany concerning international
commercial arbitration, the positive experiences of Canadian jurisdictions with the Model Law,
the need for uniform commercial arbitration laws world-wide, and the warm reception of the
Model Law by most international businesses and the Canadian Courts.
In the discourse of my thesis, I basically try to prove four points, namely that the
implementation of the UNCITRAL Model Law in Canada and in its province British Columbia
has been a successful undertaking, that the Federal Republic of Germany also needs to
implement the Model Law, that there are no problems with the enactment of the Model Law
due to its international origin in Canada, and that there are not likely to be any problems in
Germany concerning this matter, either, and finally, that the BC-ICAA is the ideal and
ingenious continuation of the Model Law which can be recommended to the German
legislature, (a) with all its modifications made by the British Columbia legislature, and (b) with
certain other modifications that have to made for a country like Germany due to its
constitutional, economical and geographical situation. This thesis hence tries to elaborate the
ideal and perfect International Commercial Arbitration Act (or Law?) for Germany — thereby
relying on the experiences and modifications made by British Columbia.
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The adoption of the uncitral model law by the Federal Republic of Germany in the light of British Columbia’s experienceMueller, Holger 11 1900 (has links)
This thesis deals with the UNCITRAL Model Law, its general purpose and history, with
the current situation and regulation of international commercial arbitration in Germany, with an
examination of Canada's experiences with the Model Law and its acceptance by the Canadian
Courts. It also deals with the question whether the Model Law really is an ideal arbitration law,
and the thesis concludes with an evaluation of British Columbia's experiences and a strong
recommendation to the German legislature to implement the UNCITRAL Model Law into the
German statutes as soon as possible. The final chapter of this thesis contains a suggested
English version of the new German International Commercial Arbitration Act. As an appendix,
I have provided the texts of the British Columbia International Commercial Arbitration Act and
the UNCITRAL Model Law.
The intention of my thesis is to examine how Canada, and its province British Columbia
in particular, have implemented the UNCITRAL Model Law. In this context, the analysis
emphasizes on the modifications of the original Model Law made by the British Columbia
legislature, the British Columbia International Commercial Arbitration Act of 1986, this Act's
acceptance by the Courts of British Columbia, the acceptance of the Model Law by Canadian
Courts in general, the improvements in the area of international commercial arbitration in
Canada since 1986, and the B.C. International Commercial Arbitration Centre.
There are two reasons for my investigation of the Canadian experience. The first reason
is the fact that these Canadian experiences with the Model Law are of interest to the Federal
Republic of Germany, because Canada was the first country in the world to adopt the
UNCITRAL Model Law almost a decade ago, and the Federal Republic of Germany presently
is considering implementing the Model Law as well. Therefore, Canada, and British Columbia
in particular, can be exemplary models for Germany. The German adoption of the Model Law is another main issue of this thesis which deals with problems arising in Germany in connection
with the implementation.
My thesis is that the Federal Republic of Germany has to implement the UNCITRAL
Model Law as soon as possible. Some facts to be discussed and results of my research that
really support my thesis in this context are the goals of Germany concerning international
commercial arbitration, the positive experiences of Canadian jurisdictions with the Model Law,
the need for uniform commercial arbitration laws world-wide, and the warm reception of the
Model Law by most international businesses and the Canadian Courts.
In the discourse of my thesis, I basically try to prove four points, namely that the
implementation of the UNCITRAL Model Law in Canada and in its province British Columbia
has been a successful undertaking, that the Federal Republic of Germany also needs to
implement the Model Law, that there are no problems with the enactment of the Model Law
due to its international origin in Canada, and that there are not likely to be any problems in
Germany concerning this matter, either, and finally, that the BC-ICAA is the ideal and
ingenious continuation of the Model Law which can be recommended to the German
legislature, (a) with all its modifications made by the British Columbia legislature, and (b) with
certain other modifications that have to made for a country like Germany due to its
constitutional, economical and geographical situation. This thesis hence tries to elaborate the
ideal and perfect International Commercial Arbitration Act (or Law?) for Germany — thereby
relying on the experiences and modifications made by British Columbia. / Law, Peter A. Allard School of / Graduate
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A comparative study of law and practice of arbitration in Kenya, Nigeria and Zimbabwe, with particular reference to current problems in KenyaTorgbor, Edward Nii Adja 03 1900 (has links)
Thesis (LLD)--Stellenbosch University, 2013. / Bibliography / ENGLISH ABSTRACT: Arbitration as a mode of dispute settlement has been growing steadily all over the world. The momentum for commercial arbitration in particular was provided by the 1985 UNCITRAL Model Law on International Commercial Arbitration (“the Model Law”). Legislation based on the Model Law has been enacted in many countries. The arbitration laws of three of these countries, Kenya, Nigeria and Zimbabwe, are selected for consideration in this dissertation because of their common origins, similar statutes, similar problems, shared experiences, and their regional distribution. As the writer’s arbitration practice is based in Kenya, that jurisdiction is the primary, albeit not the only, source and foundation for this work, the focal point of reference and the citations from the law and practice incorporated in this research.
The work consists of three chapters. Chapter one is a brief introduction and an overview of arbitration. This is followed by the statement of the research question, the justification for the research, methodology and the structure and content of the dissertation. Chapter two describes the legal and contextual framework for the investigation of the research questions in the selected jurisdictions of Kenya, Nigeria and Zimbabwe. Customary Law arbitration is included as a significant feature of African arbitration law. The UNCITRAL Model Law, the Arbitration Act, 1995 (Kenya), the Arbitration and Conciliation Act, 1988 (Nigeria), the Arbitration Act, 1996 (Zimbabwe), the Arbitration Act, 1996 (England), and the South African Draft Arbitration Bill are all used as legislative or statutory points of reference in the discussion of the research questions. Chapter 3 contains the main focus of the dissertation in which six recurrent arbitration problems in Kenya are discussed in the context of domestic arbitration. The research investigates (i) the illusiveness of consent as the basis for consensual arbitration (ii) jurisdictional challenges (iii) the procedural powers of the arbitral tribunal (iv) the disruptive effect of adjournments and postponements on the arbitral process (v) constraints on the granting of interim relief and (vi) the enforcement of the arbitral award. Original, creative and innovative proposals in response to these problems include: the express legislative recognition of the manifestation of consent in both the verbal and written forms of the arbitration agreement, the use of the constructive dispute resolution technique, statutory recognition of customary law arbitration, the use of an expedited arbitration procedure, the award of exemplary and punitive damages in arbitration, a code of sanctions to facilitate the arbitration process, and a simplified method of enforcement and execution of the arbitral award.
The dissertation concludes with reflections on the future of arbitration in Africa, and the need for modernization and harmonization of arbitration laws for peaceful resolution of disputes and serious conflicts across Africa.
The aim of this study is best illustrated by a short story: In the early nineties there was a man, untrained in any known discipline, who strutted court corridors, trade centres and market places, carrying a placard advertising himself to lawyers, traders and marketers as “An Arbitrator and Private Judge”. He attracted business, charged a handsome percentage fee on the value of the claim, was duly paid, until officialdom caught up with him and put paid to his burgeoning career as “Arbitrator-Judge”. But the reckless enthusiasm spawned by his wit and imagination, and the idiosyncratic practices in dispute resolution persisted and are manifest in Kenyan arbitration culture today. The need to remove bad practices, avoidable impediments, and inefficiency in the arbitration culture of Kenya in order to make its procedures and processes more efficacious, is the heart of this study. / AFRIKAANSE OPSOMMING: Arbitrasie as ‘n wyse van geskilbeslegting is wêreldwyd aan die toeneem. Die 1985 UNCITRAL Modelwetgewing insake Internasionale Kommersiële Arbitrasie het die momentum hiervoor gebied. Talle lande het vervolgens gereageer deur wetgewing geskoei op hierdie model te promulgeer. Die arbitrasiereg van drie lande, tewete Kenia, Nigerië en Zimbabwe, is vir doeleindes van hierdie proefskrif gekies op die basis van gemeenskaplike geskiedenis, soortgelyke wetgewing, soortgelyke probleme, gedeelde ervaringe en regionale verspreiding. Aangesien die skrywer se arbitrasie-praktyk in Kenia gebaseer is, word hierdie jurisdiksie as die primêre, alhoewel nie die enigste, bron en basis vir die navorsing gebruik.
Die werk beslaan drie hoofstukke. Hoofstuk een verskaf ‘n kort inleiding tot en oorsig van die reg rakende arbitrasie. Dit word gevolg deur die navorsingsvraag, die rasionaal vir die navorsing, metodiek en die struktuur en inhoud van die proefskrif. Hoofstuk twee bied die regs- en kontekstuele raamwerk vir die ondersoek in die gekose jurisdiksies, nl. Kenia, Nigerië en Zimbabwe. ‘n Bespreking van gewoonteregtelike arbitrasie word ingesluit, aangesien dit ‘n belangrike deel van Arbitrasiereg in Afrika uitmaak. Die UNCITRAL Modelwetgewing, die Wet op Arbitrasie 1995 (Kenia), die Wet op Abitrasie en Konsiliasie 1988 (Nigerië), die Wet op Arbitrasie 1996 (Zimbabwe), die Wet op Arbitrasie 1996 (Engeland) en die Suid-Afrikaanse Konsepwet op Arbitrasie word gebruik as die statutêre basis vir die bespreking van die navorsingsvrae.
Hoofstuk 3 handel met die hooffokus van die proefskrif. Ses probleme wat telkemale opduik in die konteks van plaaslike arbitrasies in Kenia, en wat as die navorsingsvrae geïdentifiseer is, word vervolgens bespreek. Hierdie probleme is (i) die ontwykendheid van toestemming as basis vir arbitrasie deur ooreenkoms; (ii) jurisdiksionêre uitdagings; (iii) die proseduele magte van ‘n arbitrasie tribunaal; (iv) die onderbrekende effek van verdagings en uitstelle van arbitrasie-verhore; (v) beperkinge op die verlening van tussentydse regshulp, en (vi) afdwinging en uitvoering van die arbitrasie-toekenning. Oorspronklike, kreatiewe en innoverende voorstelle as antwoord op hierdie probleme sluit in: die uitdruklike statutêre erkenning van toestemming tot arbitrasie in beide mondelinge en geskrewe vorms; die gebruik van konstruktiewe dispuutoplossingstegnieke; statutêre erkenning van gewoonteregtelike arbitrasies; die gebruik van ‘n versnelde arbitrasie-prosedure; die verlening van skadevergoeding in die vorm van ‘n strafbedrag; ‘n kode van sanksies om die arbitrasie proses te fasiliteer; en ‘n vereenvoudigde wyse waarop arbitrasie-toekennings afgedwing en uitgevoer kan word.
Die proefskrif sluit af deur die toekoms van arbitrasie in Afrika te bespreek, asook die behoefte aan modernisering en harmonisering van arbitrasiereg ten einde geskille dwarsoor Afrika op ‘n vreedsame wyse te kan besleg.
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Arbitral power in the People's Republic of China: reality and reformWang, Wenying, 王文英 January 2004 (has links)
published_or_final_version / abstract / Law / Master / Doctor of Legal Studies
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Harmonisation of procedural law in international commercial arbitrationChang, Mann-Long January 2009 (has links)
The principle of party autonomy is widely accepted in the practice of international commercial arbitration. However, it still encounters certain limitations in its applications, especially for the fact that the demands of natural justice and the public good cannot be neglected by the parties. The various states in the international system have and operate peculiar systems of mandatory rules and public policies, which tend to impart significantly on the arbitral procedure, thereby creating a situation of discordance of outcomes of arbitration in different countries. For this reason, this writer intends to examine ways by which the various procedural laws can actually be harmonised. This thesis shall therefore focus on the discordances and confusion that often arise in the interacion of the various laws that may be applicable to the arbitral process in International commercial arbitration, as well as ways of achieving a harmonisation of these laws.
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Recognition and enforcement of foreign arbitral awards in the Republic of ChinaWu, Chen-Huan Unknown Date (has links)
This thesis not only seeks to demonstrate the requirements of and procedures for recognition and enforcement of foreign arbitral awards in the Republic of China (ROC), but also explores whether ROC’s legislation and practices regarding recognition and enforcement of foreign arbitral awards comply with international ‘best practice’ standards as contained in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) and the UNCITRAL Model Law on International Commercial Arbitration (UNCITRAL Model Law. Even though ROC’s former legislation and practices did not conform to these standards, the present legislation and practices do comply with the New York Convention and the UNCITRAL Model Law. Although ROC and the People’s Republic of China (PRC) both insist on a ‘one China’ policy and each claims that it represents the whole of China, each has its own legal system. Nonetheless, ROC adopted the ‘regional conflict of laws’ theory based on the concept of ‘one country, two regions’ to deal with cases relating to recognition and enforcement arbitral awards rendered in PRC. In the context of that theory, this thesis explores the requirements of and procedures for recognition and enforcement of PRC arbitral awards in ROC, and whether there are any deficiencies in this regard. The thesis concludes that the ROC legislation and practices regarding recognition and enforcement of PRC arbitral awards in ROC are consistent with the New York Convention and the UNCITRAL Model Law. The government of PRC resumed the exercise of sovereignty over Hong Kong and Macao from 1 July 1997 and 20 December 1999 respectively. However, PRC adopted the principle of ‘one country, two systems’. PRC authorizes the Hong Kong Special Administrative Region (Hong Kong SAR) and the Macao Special Administrative Region (Macao SAR) to exercise a high degree of autonomy and to enjoy executive, legislative and independent judicial, including that of final adjudication. Thus, the ROC legislation deems that Hong Kong and Macao arbitral awards are foreign arbitral awards in ROC. So, the legislation and practices regarding recognition and enforcement of Hong Kong arbitral awards and Macao arbitral awards also are in conformity with the New York Convention and the UNCITRAL Model Law. Moreover, the legislation and practices regarding recognition and enforcement of foreign, PRC, Hong Kong, and Macao arbitral awards go further than international standards set out by the New York Convention and the UNCITRAL Model Law. Applying for recognition or enforcement of a foreign, PRC, Hong Kong, or Macao arbitral award, an original arbitration agreement or an original arbitral award can be substituted by an electronic format, which was made originally and can show the whole text as well as can be downloaded for examination. Furthermore, the courts of ROC construe the limitations regarding recognition or enforcement foreign, PRC, Hong Kong, or Macao arbitral awards narrowly. In addition, even though the ROC legislation regarding recognition and enforcement of foreign, Hong Kong, and Macao arbitral awards adopts the principle of reciprocity, the ROC Courts adopt the notion of comity. The thesis clarifies recognition and enforcement of PRC arbitral awards in Hong Kong, and recognition and enforcement of Hong Kong arbitral awards in PRC as well. Hong Kong arbitral awards are enforceable in PRC, and PRC arbitral awards also are enforceable in Hong Kong in accordance with the Arrangement Concerning Mutual Enforcement of Arbitral Awards Between Mainland and the Hong Kong SAR 2000 (PRC) and the Arbitration (Amendment) Ordinance 2000 (Hong Kong SAR) respectively based on the principle of ‘one country, two systems’. Both the provisions of the Arrangement Concerning Mutual Enforcement of Arbitral Awards Between Mainland and the Hong Kong SAR 2000 (PRC) and the Arbitration (Amendment) Ordinance 2000 (Hong Kong SAR) comply with the international standards set out in the New York Convention and the UNCITRAL Model Law.
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