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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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Duties and liabilities of the key parties under the Hong Kong general construction contract a study analyzing unforeseen underground obstruction /Wong, Chung Yin Victor. January 2006 (has links) (PDF)
Thesis (M.A.)--City University of Hong Kong, 2006. / "Master of Arts in arbitration and dispute resolution (MAArbDR), LW6409 dissertation" Title from PDF t.p. (viewed on May 23, 2007) Includes bibliographical references.
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The CARICOM dispute settlement mechanism : an analysis of the infringement and enforcement institutions and procedures based on a review of the WTO and EU dispute settlement regimesWallace Goring, Namitasha January 2010 (has links)
The proliferation of regional trading agreements around the world has changed the landscape of international trade law from a multi-polar system anchored in the nationstate to one where there are groups of closely-knit sovereign nations. They are usually drawn along geographical lines and are conducting trade with one another in a myriad of ways. This craze for trade deals is sure to give rise to disputes that are an inescapable outcome of the bilateral, regional and international agreements that contain the will of these nations to engage in greater co-operation with one another. As such, it has become necessary to design reliable dispute settlement mechanisms for the settlement of trade related disputes for the effective functioning of the trading agreements. Dispute settlement systems have progressed from being unsophisticated and diplomacy oriented as typified by that of the GATT to the highly legalized adjudication based mechanism that is the crowning glory of the WTO. This trend has been followed by other trading organizations that have modified their dispute settlement mechanisms to become more legalistic. CARICOM is a reborn regional trading bloc in the Caribbean and in lock step with the trend of other trading clubs has augmented its dispute settlement mechanism with a long awaited regional court and other non-binding alternative dispute resolution methods to avert legal clashes. This thesis examines the progress of the CARICOM dispute settlement mechanism from its originally diplomatic procedures to its enhanced legalistic system. A standing judicial institution in CARICOM is a coming of age for this region and its jurisprudence now referred to as CARICOM law. These significant legal advances raise many normative questions about the adequacy of the dispute settlement institutions and whether the rules and processes are clearly defined to enable nascent CARICOM law to be the primary tool by which there can be effective regulation of CARICOM integration. In order to answer these questions this thesis reviews the dispute settlement mechanisms of the WTO and the EU as the natural ‘parents’ of the CARICOM dispute settlement system.
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The dispute settlement system in the Egyptian capital market and economic development /El-Torgoman, Sameh Y., January 1997 (has links)
Thesis (J.S.D.)--Stanford University, 1997. / Includes bibliographical references (leaves 101-105). Also available online.
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The politics of institutional choice : international trade and dispute settlement mechanisms /Ortiz-Mena L. N., Antonio. January 2001 (has links)
Thesis (Ph. D.)--University of California, San Diego, 2001. / Vita. Includes bibliographical references (leaves 443-454).
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A selection model of dispute resolution systems for construction professionals /Suen, Chee-hang, Henry. January 2000 (has links)
Thesis (M. Sc.)--University of Hong Kong, 2001. / Includes bibliographical references (leaves 182-188).
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Court mediation in China : time for reformXin, Jianhong 11 1900 (has links)
This thesis focuses on the current court mediation institution in China against the
worldwide movement of alternative dispute resolution in searching for more consensual
and more efficient ways of resolving disputes. When the West is seeking more
informality-oriented forms of dispute resolution, China, on the other side of the world, is
making great efforts to improve its formal justice system rather than conventional means
of dispute resolution like mediation. This thesis attempts to identify the role court
mediation has played in Chinese legal history, to explore its current functions, to examine
the rationale underlying the system, and to suggest its future reform.
The economic analysis of law, particularly Posner's economic analysis of civil procedure
and the Coase Theorem, and the ideas of Rawls' theory of justice provide theoretical
underpinnings for this study. A review of these classical theories is conducted from the
perspectives of efficiency and fairness. Although it is generally understood that both
efficiency and fairness cannot be equally achieved by a legal policy, a good one should
be concerned with both efficiency and fairness. The article concludes that the balance
between efficiency and fairness should be presented in an optimal court mediation form.
China's court mediation has remained an important means of dispute resolution, but left
much to be improved. The author argues that the current court mediation is not as
successful as it declares; it is, in fact, neither efficient nor just. The existing law
governing court mediation does not provide a clear function and purpose for court
mediation, nor does it consider the efficiency and fairness of court mediation. In practice,
although it remains the dominant position in resolving disputes, it is merely a substitute
for adjudication rather than a substantive alternative dispute resolution. By analyzing the
current allocation of cases for different dispute resolutions, the author suggests that
considering the overloaded court caseloads and the lack of a variety of alternative dispute
resolutions in today's China, court mediation should be preserved, but thoroughly
reformed, as a more acceptable and efficient means of resolving disputes. Upon its
reform, this conventional means of dispute resolution with Chinese characteristics will
play a positive role in the future.
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Promises and challenges of internal dispute resolution in the corporate workplaceCharvat, Lori 05 1900 (has links)
This thesis examines the promises and challenges of internal dispute resolution
(IDR) in the corporate workplace of Canada and the United States. The focus of inquiry
is twofold: a theoretical and socio-historical study of the corporation followed by a
practical analysis of dispute resolution of human or civil rights.
The examination of the role of the corporation begins with a review of the
statutory and jurisprudential underpinnings of the "corporate person," which have
legitimized the corporation and its powerful place in society. Such power, sanctified by
the law, impacts not only society at large but also employees of the corporation.
Internalization of legal systems into the corporate workplace has shifted some dispute
resolution responsibilities from the public to the private domain, relegating further power
to the corporation. This public to private shift has deputized the corporation as an
enforcer of its employees' civil rights.
Two predominant theories of the corporation - the Contractarian and
Communitarian - provide understanding about power relationships among the
corporation and its constituents. U.S. and Canadian courts and legislatures have
demonstrated a preference for the Contractarian theory, which holds that the corporation
is a nexus of contracts, and that firm managers should prioritize its contract with its
shareholders, governing the corporation so as to maximize shareholder wealth. A careful
examination of corporate theory and governance illustrates the corporation's conflict of
interest in holding shareholder interests primary while resolving employment disputes.
The power differential between the corporation, as agents of its shareholder principals,
and employees presents the greatest challenge in equitably resolving employment
disputes.
The practical aspects of internal dispute resolution in the corporate workplace
focus on the potential benefits and risks to employees. In-house mediation, with certain
procedural safeguards, has potential for benefits that outweigh risks to individual
employees. Building on principles and structures of formal procedural fairness found in
courts of law and administrative tribunals, five essential features can best guarantee
fairness in IDR: voluntary participation, retention of employees' right to judicial review,
prohibition against reprisal for raising the dispute, use of an external mediator, and
oversight of the corporation's IDR program by a neutral, external body.
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What future for the WTO dispute settlement system? : the European perspectiveGuillou, Solen Anne. January 1999 (has links)
On the eve of the launch of the first round of multilateral negotiations within the framework of the new WTO system, the so-called Millennium Round---which may be officially opened by the Seattle Ministerial Conference on 30 November 1999---the review of the WTO dispute settlement system should deserve the attention of WTO Members as one of the most essential topics to be considered. / Within this context, this thesis raises the question whether the future developments of the WTO dispute settlement system could be influenced by the successful European model. / In an attempt to answer this question, this thesis first highlights the grounds on which the EC approach to the GATT dispute settlement system has changed so that the EC has finally become an active supporter for "judicialization" of the new system (Introductory Part). The impact of the new WTO dispute settlement system on the EC participation in its development is then analysed (Part I). Finally, the last part of this thesis focuses on the reasons of the EC success in order to conclude to its potential influence on the further developments of the WTO dispute settlement system (Part II).
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La règlement des differends dans les activités spatiales commerciales /Meyer, Frédéric. January 2000 (has links)
Various characteristics of commercial space activities, such as their exceptionally rapid development, the special environment and legal framework in which they develop or the significant risks their participants are facing generate for the latter specific needs in terms of dispute settlement methods. / A systematic analysis of all existing mechanisms reveals that arbitration is and is likely to remain in the future the mode of settlement which is the most appropriate to the interests of the commercial space actors.
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