• International Commercial Arbitration
    arbitration agreement[2]. In addition, the terms of the arbitration agreement between the parties plays a primary role in governing the arbitral proceedings[3]. The inclusion of an arbitration clause in a contract streamlines the resolution of a dispute between the parties, as it sets out procedures from...
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  • Enforcing Arbitration
    criteria of the enforcement jurisdiction, the judge there simply would not be required, nor indeed entitled, to give any weight to what a foreign court may have done to an award; that would be a matter of purely local consequence in that country. Whatever else one might say about that solution—although...
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  • Arbitration Law
    unconscionability (the court did not really make sense here) Sotelo v. Direct Revenue -the court here determined that the arbitration clause here should not be enforced because there was not consent (mutual agreement to the clause) -the clause was not easily accessible and was cloaked in the contract (can...
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  • Contracts Outline
    – the contract would just be redrafted with a different clause (b) These results don’t face the issue, and therefore fail to accumulate experiences or authority in the needed directions (marking out the minimum decencies that a court will insist upon) – parties don’t get an opinion about what the...
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  • alternate dispute
    Agreement. 2. Definition of Arbitration Agreement, Arbitration Clause and Submission Agreement. 3. Enforcement of an Arbitration Agreement. 3.1 Negative Enforcement : Lack of Jurisdiction of Court. 3.2 Positive Enforcement: the Submission Agreement. 3.3 Summary. 4. Criteria for determining the...
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  • Corporate Governance Practices In Bangladesh Special Highlights On...
    result of a determination of a dispute under contract is translated into enforcement of a monetary judgment where a defendant has assets, necessarily relies on the court and governmental systems of different states: • the state where the arbitration took place if an attack on the arbitration...
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  • Huhu
    nothing about the clause which is technically clear, but obviously unfair. Fundamental breach 3.20 The courts developed a rule, known as the doctrine of fundamental breach, under which, if a contracting party was guilty of a breach that went to the heart of the contract so that there was a...
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  • enforcement of foreign award a bane to investment in india
    jurisdiction to appoint the arbitrator under Section 11(9) because the parties had not chosen the seat of arbitration. The Court did not consider the choice of foreign law as an implied exclusion of Part I by the parties. This results in uncertainty about the enforcement of foreign awards. It is...
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  • Alleged Irregularities in the Actions Between Sellers of Securities and Enron.
    resolved in another forum under its laws unless (1) the clause was fraudulently included in the contract, (2) enforcement would deprive a party “of his day in court,” or (3) enforcement would contravene a strong public policy of the forum in which suit is brought.43 Parties should take care in...
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  • Mediation for International Dispute
    three types of dispute resolution techniques:11 • • • Litigation in national courts;12 Arbitration, designed to achieve a final and enforceable outcome; ADR mechanisms such as mediation, conciliation,13 ‘mini-trial’, ‘rent-a-judge’, ‘medarb’ and other ‘touchy-feely’ ways of engaging the...
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  • Internation Marketing
    arbitration awards are made, they may refuse to honor the award. In most countries, arbitration clauses are recognized by the courts and are enforceable by law within those countries. More than 120 countries have ratified the convention on the recognition and enforcement of forging arbitral awards, also...
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  • Electronic Contracts
    alternative dispute resolution (ADR) model. EBay’s contract has an arbitration clause for conflicts arising between the user and the company. The clause states: “Disputes between you and eBay regarding our services may be reported to eBay Customer Support. We encourage you to report all disputes...
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  • Dispute Setlement
    resolved by arbitration under the Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into this clause.” Netherlands Arbitration Institute “All disputes arising in connection with the present contract, or further contracts resulting therefrom...
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  • Petroleum Law and Policy
    of arbitration is the freedom of contract between parties and the question of arbitrability arises in relation to the extent this freedom can be exercised. What about when the agreement affects others, is out of the power of the parties to the contract, relates to a matter statutorily provided for...
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  • Joint Venture in China
    civil law and Australia having common law. Therefore in order to have the Joint-Venture contract protected from future changes in the Chinese civil law system a stabilisation clause is highly recommended (Coale, M.T.B, 2001-2002). Types of Joint-Ventures in China: What makes the selection of a...
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  • Study Guide Test 2
    reliable the info will be * Find out what other companies are doing business in that country * If not in competition with you, call & ask about situation in that country * Talk to our embassy & find out if we have an embassy in that country * Find out if we...
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  • ADR - geneva convention
    about the enforceability of the award, the Court shall order the award to be filed and shall proceed to pronounce judgment according to the award. During the 1937s there were certain local Arbitration Laws in effect as well, which the parties were free to choose. However post enactment of the 1937...
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  • Vietnamese Labor Law
    . Enforcement of such covenants depends on the types of covenant, terms of the labor contract or covenant as contractually agreed upon by the parties, and the interpretation by the courts in accordance with the contract and civil laws under the Civil Code. The enforceability of such covenants will not be...
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  • Internationally, Arbitration Has Been the Most Favourable Method for Settlement of Commercial Disputes for Thousands of Years. Its Value Is Recognized by the Court and It’s Governed by Statutes Which Empower Arbitrators
    enforcement of foreign arbitral award are the main documents that lead to the drafting of the new Arbitration and Conciliation Act. Which established “The Centre For Arbitration And Dispute Resolution” with the mandate of disseminating information about ADR and popularizing there use in resolving many...
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  • The Growth of Adr in Nigeria
    resorting to legal advice when a conflict arises. Arbitration or mediation clauses are therefore still rare in commercial contracts. Even when they are at all inserted their implications are hardly known or they are inelegantly drafted. This situation can be obviated by creation of awareness and publicity...
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