• Legal aspects in utsourcing
    mentioned in the contract as to what the conditions are and under the purview of which state does the agreement come under. In case of failure to mention such a clause, then the country to which the contract is most closely linked with will preside over the case. RENEGOTIATION: The process of...
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  • Law Assignement
    contract, regarding which the dispute exists, must either contain an arbitration clause or must refer to a separate document signed by the parties containing the arbitration agreement. The existence of an arbitration agreement can also be inferred by written correspondence such as letters, telex, or...
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  • Corruption in International Arbitration
    duty to find the validity of the clause of arbitration in these cases. International Public Order The tribunals and the courts that have given the awards and enforced them have always and regularly stated that there is something called as international public order, which makes bribery contracts...
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  • Corporate Compliance
    entities used for mediation or arbitration. • Enforcement of arbitration agreements and awards for interstate commerce and international contracts shall be in accordance with the US Arbitration Act. The following are ADR sample clauses Riordan uses as a guideline: Negotiation In the...
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  • Contract
    enforcement of the contract. A recent advance has been seen in the case law as well as statutory recognition to the dilution of the doctrine of privity of contract. The recent tests applied by courts have been[citation needed]the test of benefit and the duty owed test. The duty owed test looks to see...
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  • Types of Contract
    party may file a civil (non-criminal) lawsuit in state court (unless there is diversity of citizenship giving rise to federal jurisdiction). If the contract contains a valid arbitration clause, the aggrieved party must submit an arbitration claim in accordance with the procedures set forth in the clause...
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  • Arbitation under Indian Laws
    , providing for arbitration, in an agreement which is void abinitio, valid? If a contract is illegal and void, an arbitration clause which is one of the terms thereof shall also be not enforceable. 7) What is the limitation on the power of the Arbitrator to arbitrate? What are the consequences if...
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  • Contract Law Final Exams Notes
    finally agreed on a bargain. Severance * Courts will attempt to ‘sever’ the void part of a contract that is either too vague or incomplete. Then the void clause is ignored and the rest of the contract enforced. * If severance not possible the whole contract must fail. * Test: to ask...
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  • Ncr Corp V Korala
    . 1987)), that court did not apply this standard to determine if the plaintiff's claims fell within the scope of the arbitration clause. Instead, the standard the court enunciated and applied was whether "an action could be maintained without reference to the contract or relationship at issue. If it...
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  • Business Law
    or building agreed by parties. - Finality. There is finality like in litigation. The arbitrator pass a judgment, like a judge in a court, that is binding on all parties before him. - Enforcement. Arbitration awards can be enforced locally and internationally in more than 120 countries...
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  • Telephone Contract Analysis
    tort, pursuant to statute or regulation, or otherwise, and …… that result from the Agreement.” This clause is saying that if there is any claim, dispute or controversy about certain things between the customers and the company, it will be determined by final and binding arbitration instead of the...
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  • Contract Writing&Risk Management
    has a cost and these costs are rarely explicit or itemized. So, a good contract manager has to know which clauses are absolute necessary and which are not. Theoretically speaking, what we have to understand, every risk management clause or behavior that we decide not to require force the contractor...
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  • Internationallegal Order
    the issue Nicaragua v. US, 1986 – Little agreement about law US disputed jurisdiction, but agreed as to what principles should apply. As both parties agreed that the principles as to the use of force incorporated under the UN Charter correspond to those found in customary international law...
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  • Legl 200
    a. What is the case about? This is a case about Alfred James Prince-convicted of robbing an Oklahoma savings & loan and using a sawed-off shotgun during the robbery. This opinion is from the District Court (Western District of Oklahoma) See if you can figure out what was the...
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  • ADRS
    states to evolve a machinery for enforcement of arbitral awards arising from international commercial arbitration. In this background, a Protocol on Arbitration Clauses (for short, “Geneva Protocol”) was concluded under the auspices of the League of Nations on 24th September 1923, which came to...
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  • INTERNATIONAL LAW RELATING FACTOR MOVEMENT
    goods and services. Nations frequently restrict immigration, capital flows, and foreign direct investment. In order to explain all the problems that a complex issue like this presents, we will discuss about the following arguments: 1. International Investment Law, which concerns investment law...
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  • Business Law
    contract, or for negligence or other breach of duty, can be avoided by means of contract terms and otherwise; and to restrict the enforceability of arbitration agreements. [1 December 1990] L.N. 38 of 1990 (Originally 59 of 1989...
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  • International Business Law
    the two parties agreeing about a settlement then thay have to choose between arbitration and court litigation. I will still advice arbitration. 3- In case you’ll try to negotiate the conflict what will be your strategy of negotiation? What are the key points you will negotiate? If I am in...
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  • Dispute
    advantages of secrecy, informality and usually of finality ; also technical expertise if the arbitrator is an expert. LITIGATION ¡§ litigation is, on the whole, a good method of settling disagreements about what the terms of a contract are and/or whether one of the parties to it has failed to...
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  • Be352
    points   Question 14 1. Faraway Sales Corporation, a U.S. firm, and Globe Transport, a Dutch firm, enter into a contract that includes an arbitration clause. This clause must provide that the arbitrator will be Answer | | the American Arbitration Association. | | | the International...
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