LAW5ICA – International Commercial Arbitration
Student Name: ANASTASIA HATZIS
Student Number: 16476928
PART I: Question 1 (30 marks)
“An international arbitration procedure is governed by the terms of the...
Enforcing Arbitration Awards
New York Convention
Experience and Prospects
This volume contains the papers presented at "New York Convention Day". That colloquium was held in the Trusteeship Council Chamber of the United Nations Headquarters, New York on 10 June 1998 to celebrate the 40th...
Federal Arbitration Act (FAA)
-Its purpose was to reverse the longstanding judicial hostility to arbitration agreements and to place arbitration agreements upon the same footing as other contracts
-scope of judicial review is determined by the Federal Arbitration Act (FAA)
Remedies for Breach of Contract
A. Protecting the Expectation Interest
1. Application of Article 2 of the Uniform Commercial Code
a) Scope is purposefully ambiguous
b) Predominant item is a focal point within the contract, whether it is service or good
(1) Service Contracts are not covered under...
Arbitration: Legal and Policy
Paper Presented to World Maritime University
Malmö 14 May 2007
to the Australian Maritime and Transport
Sydney 4 December 2007
The Hon. Justice James Allsop
Federal Court of Australia
business world has been increasingly reluctant to litigate in courts of law for differences arising from international commercial transactions. It is not surprising, therefore, that businessmen have been turning with increasing frequency to arbitration as a quicker and simpler means of settling international...
precedent is established,
a. it may be disregarded and overturned by a court if they deem such action appropriate
b. it may not be disregarded by a court but may be overturned by state statute
c. it may not be disregarded by a court or be overturned by state statute but may only be changed by amendment...
Courts, Sources of Law, and Dispute Resolution
Equal Justice Under the Law
“Equal justice under the law” is the inscription on the front of the U.S. Supreme Court building in Washington, D.C. It is a reminder that the judicial system is intended to protect the legal rights...
Document No. 14
Alternative Dispute Resolution Methods
Paper written following a UNITAR Sub-Regional Workshop on Arbitration and Dispute Resolution (Harare, Zimbabwe 11 to 15 September 2000)
Table of Contents
Introduction Chapter 1: Alternative Dispute Resolution Methods...
Commission of Hong Kong
The Control of Exemption Clauses
We, the members of the Law Reform Commission of Hong Kong, present our report on The Control of Exemption Clauses.
Hon Michael Thomas CMG QC
of e-contracts: Roles and responsibility of Intermediary (with reference to eBay.in and bazee.com cases)
LEGAL ASPECTS OF BUSINESS PROJECT
Design/ Methodology/ Approach 3
Research Limitation 25
Key Words 25
COLLECTIVE BARGAINING AND THE ARBITRATOR
LON L. FULLER *
The purpose of this paper is to discuss two controversies which have surrounded labor arbitration almost from its inception. They touch on what may be called its permanent problems. Recently they have been brought into renewed prominence by...
domestic court; the arbitrator in a hotel conference room; and the mediator shuttling between the parties like a yo-yo trying to get the parties to reach some form of acceptable compromise settlement. ‘Dispute management’ is a new relatively new term and I am not sure that we could all agree on what it means...
common law is tradition, past practices, and legal precedents set by the courts through interpretations of status , legal legislation, and past rulings, common law seeks “interpretation through the past decisions of higher courts which interpret the same statutes or apply established and customary principles...
In 1937 the Arbitration (Protocol and Convention) Act 1937 was enacted to give effect to the Geneva Protocol on ArbitrationClauses 1923 and the convention on the execution of foreign Arbitral awards 1927 enabling them to become operative in India.
The Geneva Convention Awards is incorporated under...
Applied Project Management
Semester 1, 2013
BUSINESS AND CONTRACT LEGAL STUDIES
Table of Contents
Introduction 5 The Common Law 6 The Law of Contract 6 The Rules of Offer and Acceptance 7 Electronic Communications 9 Contracts between Parties of different Nationalities 11 Intention to create...
........... 1. Jurisdiction (Power of the Forum to Adjudicate a Case) ........................................ 2. Choice of Forum (Arbitration vs. Court and Which Court) .......................................... 3. Venue (Geographical Location) ................... 4. Choice of Law ....................
English law. England, U.S., Canada and countries who were once under the English influence. Seeks interpretation through the past decisions of higher courts which interpret the same statues. Applies established and customary law principles to a similar set of facts
Civil or Code law
derived from Roman...
Gas Ltd Vs Uganda Revenue Authority
What makes arbitrability a contentious issue in arbitration is the question of which matters can or cannot be arbitratable. The basis and indeed origin of arbitration is the freedom of contract between parties and the question of arbitrability arises...