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Settlement of international investment disputes by arbitrationp: an analysis of the challenge of inconsistency in the outcomes of investment arbitrations between investors and states and the available remedies / Analysis of the challenge of inconsistency in the outcomes of investment arbitrations between investors and states and the available remediesDiakite, Ansoumane Douty January 2008 (has links)
University of Macau / Faculty of Law
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公共政策在國際商事仲裁司法審查中的適用研究 = A study on the applications of public policy in the judicial review of international commercial arbitration / Study on the applications of public policy in the judicial review of international commercial arbitration陳怡 January 2009 (has links)
University of Macau / Faculty of Law
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Forum selection in the conflict of laws /Stingl, Harald. January 2001 (has links)
Thesis (doctoral)--University of Linz, Austria, 1999.
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A study on the grounds upon which the commission for conciliation, mediation and arbitration awards are reviewed by the labour courts with specific reference to challenges posed to arbitrators.Motswakhumo, Ediretse Donald. January 2003 (has links)
No abstract available. / Thesis (LL.M.-Law)-University of Natal, Durban, 2003.
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Lois de police et justice arbitrale internationale /Seraglini, Christophe. January 1900 (has links)
Thesis (doctoral)--Université de Paris I, 2000. / Includes bibliographical references (p. [535]-559) and index.
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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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The Saudi Arbitration Law 2012 assessed against the core principles of modern international commercial arbitration : a comparative study with the model law and Scots lawAlrajaan, Turki January 2017 (has links)
Following the Aramco arbitration in 1963, Saudi Arabia’s approach to international arbitration resulted in a reputation for being an arbitration unfriendly country. This was addressed to some extent by the Arbitration Law of 1983. However, arbitration under the 1983 law remained dependent on the approval of the national courts. With too much scope for judicial intervention, the legal framework undermined the final and binding nature of the award, constrained party autonomy and created inefficient delays. In 2012, a new Law of Arbitration was passed to replace the 1983 law with a legal framework intending to meet the needs of international commercial parties. The question addressed by this thesis is whether the Arbitration Law of 2012 (SAL 2012) succeeds in creating a legal framework that is consistent with the three core principles that provide the foundations for modern international commercial arbitration. These core principles of party autonomy, procedural justice and cost-effectiveness were used as normative tools for assessing the provisions of the SAL 2012, which were based on the UNCITRAL Model Law. Relying on those principles, the SAL 2012 was subjected to a comparative legal analysis, using the Model Law and the Arbitration (Scotland) Act 2010 as comparators. Although hampered by a lack of available case law involving the SAL 2012, the analysis concluded that the SAL 2012 is a very significant development, providing a legal framework that facilitates arbitration, encourages a pro-arbitration culture and achieves a balance between the three core principles that should meet the needs of international commercial parties. Despite this, the law could be further reformed to make Saudi Arabia even more attractive as a location for arbitration. While acknowledging that future reform should be guided by empirical research on arbitration in Saudi Arabia, proposals were made for the further development of a pro-arbitration legal framework.
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An analytical study of recognition and enforcement of foreign arbitral awards in the GCC statesAlenezi, Abdullah January 2010 (has links)
This study is concerned with the recognition and enforcement of foreign arbitral awards under the relevant regimes in the GCC states, both local law and international conventions. The easy enforceability of arbitral awards is considered one of the main factors in the success of international commercial arbitration. Thus this thesis not only attempts a comprehensive analysis of the requirements of and procedures for recognition and enforcement of foreign awards in the GCC States, but also evaluates whether the GCC’s laws and practices comply with best international practice standards, especially as embodied in the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The thesis comprises of seven chapters. The first chapter examines the legal framework of the GCC States, and provides a brief history of the rules governing arbitration and the recognition and enforcement of foreign arbitral awards. Chapter two looks at general principles regarding recognition and enforcement of foreign arbitral awards. Chapter three covers jurisdictional elements in the recognition and enforcement of arbitral awards in the GCC States. Chapter four examines the procedural steps demanded by each state for the enforcement of an award, looking particularly at the impact of relevant international conventions on these issues. Chapter five deals with the evidence which must be tendered and the conditions that must be satisfied in order to obtain the recognition and enforcement of foreign arbitral awards in the GCC States. Chapter six examines the grounds on which a respondent may apply to dismiss an application for recognition and enforcement of a foreign arbitral award. Chapter seven then deals with the grounds on which a foreign arbitral award must be refused enforcement. The concluding chapter summarises the problems thrown up by the study, and suggests a common way forward for the legal systems of the states of the Arabian Gulf in dealing with these issues.
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The powers of the Labour Court to review arbitration awards of the Commission for Conciliation, Mediation and Arbitration : a comparative studyBezuidenhout, Susan Antoinette 30 November 2004 (has links)
A critical and in-depth discussion of the powers of the labour court to review arbitration awards of the Commission for Conciliation, Mediation and Arbitration, the application of the author's findings relating to common-law, legislation and case law and a critical analysis thereof. Special reference is made to the provisions of sections 145 and 158(1)(g) of the Labour Relations Act 66 of 1995 including, in particular, the alternative application thereof in practice and scope for improvement in order to address potential prejudice to parties occasioned by the compulsory nature of (certain) dispute resolutions. This thesis incorporates a comparative study of the British and German labour law systems with reference to the relevant appeal and/or review procedures (as applied in their tribunals/courts), together with a discussion and application of certain other provisions relevant to South Africa labour law. / Jurisprudence / LL.M
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Paradigms of alternative dispute resolution and justice delivery in ZambiaMwenda, Winnie Sithole 11 1900 (has links)
Alternative Dispute Resolution was developed as an alternative to the traditional dispute resolution mechanism, litigation, which had become costly, time-consuming, did not give the parties control over the outcome of their disputes and was generally cumbersome. ADR refers to a variety of techniques for resolving disputes without resort to litigation in the courts. The concept behind the introduction of ADR methods was, inter alia, to reduce the delays and costs associated with litigation; to introduce relatively less formal methods of dispute resolution; to introduce consensual problem solving and empower individuals by enabling them to control the outcome of their dispute and develop dispute resolution mechanisms that would preserve personal and business relationships. ADR processes were thus intended to produce better outcomes all round.
From the time ADR appeared on the scene, its usage has gained international recognition with both common law and civil law countries following the trend. Being faced with similar problems associated with litigation, Zambia has followed the trend and adopted some ADR mechanisms. Most commonly used ADR mechanisms in Zambia are mediation/conciliation, arbitration and negotiation. The legal and institutional frameworks for ADR in Zambia are firmly in place. It is thus, not far fetched to predict a successful future for ADR in which it will enjoy the support of the major stakeholders and play a vital role in justice delivery in Zambia.
This thesis has a section on the conceptual framework for ADR and discusses the development of ADR internationally and some processes in use. It examines selected institutions of justice delivery in Zambia with a view to evaluating their operations and contribution to justice delivery in Zambia. It traces the development of institutions of justice delivery in Zambia from colonial times up to the present and assesses their performance. ADR processes currently in use in Zambia are critically examined and their shortcomings reviewed. The legal and institutional frameworks for ADR and the role they play of providing the supporting structure for ADR in the country are evaluated. Future prospects for ADR are indicated and recommendations for successful implementation of ADR in Zambia are given. / Jurisprudence / LL.D.
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