Spelling suggestions: "subject:"arbitration anda aware, ainternational."" "subject:"arbitration anda aware, aninternational.""
51 |
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)
|
52 |
Court intervention in arbitral proceedings in countries adopting the uncitral model law on international commercial arbitration : an impact of legal culture on reception (case studies of Canada, Hong Kong and Russia)Biukovic, Ljiljana 05 1900 (has links)
This thesis explores problems regarding the reception the UNCITRAL Model Law on
International Commercial Arbitration (ML) in Canada, Hong Kong and Russia. Focusing on the
relationship between national courts and arbitrators, it argues that the ML fosters gradual
harmonization of law on international arbitration, while accommodating the particular needs of
the legal cultures and traditions of Canada, Hong Kong and Russia. The importance of this study
derives from the fact that the experience of these three countries has been, and it still is, a guide
for a number of other countries considering the adoption of the ML and modification of their
arbitration laws.
First, the thesis explores the implementation of the ML at the national level, in each of
the countries of adoption in order determine, the legal changes, if any, brought about by the
adoption. The hypothesis is that legal borrowing can lead to different results in countries with
different legal traditions, different levels of economic development and different political
structures. At this level the analysis focuses on statutory frameworks and judicial practice in
these countries. Second, the thesis compares the results from the study at the national level in
order to explore the ways in which the same pattern (that is, the ML) has been modified to reflect
the socio-economic environment and principles of old systems, and to determine changes to the
original model. The hypothesis is that arbitral tribunals are promoters of a new
"internationalized" legal culture and that national judges and courts, in comparison, are more
likely to reflect local or national legal cultures.
The thesis concludes that variations in the application and interpretation of the M L in
the three countries does not mean that the ML cannot bring about the harmonization of laws.
However, the ML is not a transplantation or duplication of foreign law, but a project of
reception. In that way, the ML serves as a basis for creativity, rather than representing the
imposition of a new, and perhaps, inappropriate; legal culture. / Law, Peter A. Allard School of / Graduate
|
53 |
The role of express submission to jurisdiction under the Brussels I Regulation, Brussels I (Recast) and the Hague Convention on Choice of Court AgreementsMelamu, Seapei Diana 14 July 2015 (has links)
LL.M. (International Commercial Law) / This essay seeks to look at the role of express submission to jurisdictjon under the Brussels I Regulation,lthe Brussels I (recast) Regulation2 and the Hague Convention on Choice of Court Agreements.3 The express submission to jurisdiction under the three instruments mentioned in the previous sentence refers to the situation in which parties to an international commercial contract include in their contract a court of their choice to govern any disputes that may arise between them. This designated court may or may not be situated in a country that is a member of the three instruments mentioned above. The purpose of this thesis is to determine what will occur when the court chosen is from a country that is not a member of either of the three instruments mentioned. We will first look at express submission and the role it plays in determining which court has jurisdiction. This section on express submission will provide the definition of express submission in the context of a contract which incorporates a choice-of-forum agreement between the parties who are engaged in an international commercial transaction. The thesis will view the role of submission in a common-law and civil-law country in light of express submission by contract. Finally, a distinction will be made between an exclusive and non-exclusive jurisdiction clause. A brief discussion ofthe Brussels Convention4 (The Convention) will be provided in order to present the fact that the Convention only applies when a choice-of-forum agreement in a contract has assoned thejurisdiction to a court of a country which is a member of the Convention. The Convention would not apply when a choice-of-forum agreement in a contract has assigned jurisdiction to the court of a country which is not a member to the Convention. ln order to determine whether the position has changed since the enactment of the Brussels I Regulation (Regulation) with regard to choice-of-forum agreements that designate jurisdiction to the court of a country in a nonmember state of the Regulation, provisions relating to express submission clauses will be discussed. A further discussion will be provided to ascertain whether the enactment of the Council Regulation (EC) No 4412001 of 22 December 2000 on jurisdiction and the recognition and enforcement ofjudgments in civil and commercial matters.
|
Page generated in 0.1831 seconds