• Refine Query
  • Source
  • Publication year
  • to
  • Language
  • 32
  • 8
  • 8
  • 8
  • 8
  • 8
  • 5
  • 4
  • 3
  • 1
  • 1
  • Tagged with
  • 53
  • 53
  • 53
  • 32
  • 19
  • 15
  • 11
  • 11
  • 7
  • 7
  • 7
  • 7
  • 6
  • 6
  • 6
  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
11

The enforceability of foreign related arbitral awards in China

Ho, Kam Hung. January 2005 (has links) (PDF)
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.
12

Confidentiality and public interest in mixed international arbitration

Chirichiello, Michela January 2003 (has links)
No description available.
13

Harmonisation of procedural law in international commercial arbitration

Chang, 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.
14

Bias challenges in international commercial arbitration : the need for a 'real danger' test /

Luttrell, Samuel Ross. January 2008 (has links)
Thesis (Ph.D.)--Murdoch University, 2008. / Thesis submitted to the Faculty of Law and Business. Includes bibliographical references (p. 352-358)
15

Recognition and enforcement of foreign arbitration agreements under the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards of 1958

Tarawneh, Musleh Ahmad Musa January 1998 (has links)
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.
16

L'autonomie de la clause compromissoire en droit du commerce international

Duquenne, Céline. January 2000 (has links)
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.
17

Public policy in the judicial enforcement of arbitral awards : lessons for and from Australia /

Ma, Winnie (Jo-Mei) January 2005 (has links)
Thesis (SJD) -- Bond University, 2005. / "A thesis submitted to Bond University in fulfillment of the requirements for the Degree of Doctor of Legal Science"-- t.p. Bibliography: pages 320-340. Also available via the World Wide Web.
18

Recognition and enforcement of foreign arbitration agreements under the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards of 1958 /

Tarawneh, Musleh Ahmad Musa. January 1998 (has links)
Thesis (Ph.D.)--Aberdeen University, 1998. / Title from web page (viewed on Mar. 22, 2010). Includes bibliographical references.
19

The practice and effectiveness of international dispute resolution platforms in the protection of intellectual property rights

Ho, Dik Hong Duncan. 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 submitted in conformity with the requirements for the degree of Master of Arts in arbitration and dispute resolution." Includes bibliographical references.
20

The culture of international arbitration and the evolution of contract law

Karton, Joshua David Heller January 2011 (has links)
International commercial arbitration ('ICA') is typically characterised as a procedural alternative to litigation in national courts. The great majority of scholarly literature on ICA relates to its procedure, as opposed to substance. This is not surprising since, in ICA, the governing substantive law is usually the national law of some state. One might therefore expect that there would be no difference between the decisions of arbitrators and judges on matters governed by substantive law. However, this intuition remains untested. ICA exists outside the legal system of any state and is specifically adapted for the resolution of international commercial disputes. The decisions of international arbitrators are fertile ground for the growth of international (i.e., transnational) commercial law. A better understanding of arbitrators' decision making will therefore shed light on how international commercial law is likely to evolve. Such understanding would also enable both consumers and providers of arbitration services to make better-informed decisions. International arbitrators' decisions are not susceptible to traditional legal analysis because only a tiny, non-representative sample of arbitral awards is published. The researcher simply lacks access to the necessary data. For the same reason, quantitative statistical studies of arbitrators' decisions are unlikely to yield useful insights. This thesis adopts a sociological approach. It identifies social norms that constitute an incipient culture of ICA and assesses the effects of these norms on arbitrators' decisions on the merits. Part I consists of two case studies that focus on specific areas of contract law. These case studies, which employ standard comparative law methodologies, provide evidence that the outcomes reached in ICA do diverge from those reached in national court litigation, even when arbitrators and judges purport to apply the same substantive laws. Part II employs the sociological methodology of 'grounded theory' to explain this divergence. It analyses the writings of arbitrators, counsel and commentators in order to describe two classes of social norms: those arising from the institutional structure of ICA and those arising from the values shared by international commercial arbitrators. The thesis concludes by predicting, in general terms, the effects of these social norms on arbitrators' decisions on the merits. It also suggests the specific contract law doctrines that international arbitrators will tend to prefer. These doctrines represent a likely future of international commercial law.

Page generated in 0.159 seconds