Introduction Established in 1983 and starting its operation in 1984‚ the Court of Arbitration for Sport (“CAS”) is considered essentially an international “Supreme Court” for sport. Headquartered in Lausanne‚ Switzerland‚ the basic function of the court is to resolve legal disputes in the field of sport through arbitration. It does this issuing arbitral awards; these have the same enforceability as judgments of an ordinary court. Throughout the years‚ certain instances have questioned CAS’s jurisdiction
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Group 2 Arbitration Professor Odenwald15 July 2014 Arbitration Disputes pertaining to business activities are unavoidable and a popular method of mediating those disputes is arbitration. What the United States Supreme Court once shunned has become a popular vehicle for resolving disputes that pertain to a plethora of matters‚ from contract disputes involving labor relations to international disputes between multinational corporations. Arbitration‚ in its most basic form‚ is a form of mediation
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In building and engineering contracts it is usual to insert a provision empowering the employer to forfeit certain rights or property of the contractor on the occurrence of certain events. “Forfeiture clause” is a loose term usually used to describe a clause in a written building contract giving the employer the right upon the happening of an event to determine the contract or the contractor’s employment under it‚ or to eject the contractor from the site‚ or otherwise to take the work substantially
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Introduction Courts are over bounded with a large number of cases and their disposal takes long time. Therefore a need was felt for a faster dispute resolving mechanism. That’s why “Arbitration Act” was provided with a view to give speedy justice to the people and also to avoid unnecessary court case expenses. It is an informal dispute settlement mechanism. Bangladesh has recently enacted a new arbitration law‚ known as “The Arbitration Act‚ 2001. The Act came into force on April 10‚ 2001. The Act
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An exclusion clause is a term in a contract purporting to exclude or restrict the liability of one or more parties to the contract for breach of obligation . Exclusion clauses are controlled by common law and statute. The Unfair Contract Terms Act 1977 (UCTA 1977) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999) confine the extent to which an individual can exclude or limit his business liability towards consumers. The Office of Fair Trading runs an unfair terms unit which
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We use contracts to handle a lot of things in our life. Such as‚ we need contract to rent an apartment‚ to get a wireless phone service‚ to install a cable TV‚ to get a job‚ to open a bank account etc. However‚ the contract is not simple and straightforward. There are many hidden dangers that we are not conscious. We must be careful of the hidden clause in contract in order to protect the benefit of us. At the first glance‚ you may feel eased since there are a lot of tedious clauses in contract
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Title: Legal Effects of Implementing Arbitration or Mediation Mechanisms in the Corporate Governance. Research Proposal Submitted by MD. MAMONOR RASHID Metric No: 815250 Department of Law Master of Laws (Full Research) Universiti Utara Malaysia. Supervisor ROHANA ABDUL RAHMAN‚ PhD Deputy Director International and Executive Programs‚ Professional and Continuing Education Centre (PACE). Universiti Utara Malaysia. ROHANA ABDUL
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CASE ANALYSIS WITH RESPECT TO SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT‚ 1996 The success of arbitration largely depends upon the selection of fair‚ impartial and competent arbitrator. The arbitrator is a creature of agreement between the parties. The parties are given the choice to agree between them‚ the procedure of appointment of Arbitrator and the number of Arbitrators to be appointed. It is subject to some regulations by law. In the absence of an agreement between the parties with
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people do not know much about contract law. Actually‚ we are signing contracts everyday. For example: Buying candies in a shop. There are two types of contract (written and verbal agreement). A contract is made by orally‚ by conduct and in writing. It also consists of an agreement‚ consideration and legally binding. There are eight elements of contract law‚ namely offer‚ acceptance‚ consideration‚ capacity‚ legal relations‚ legality and agreement. In this essay‚ I am going discuss the offer and acceptance
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PROPOSED AMENDMENTS TO THE ARBITRATION & CONCILIATION ACT‚ 1996 A CONSULTATION PAPER MINISTRY OF LAW AND JUSTICE GOVERNMENT OF INDIA PROPOSED AMENDMENTS TO THE ARBITRATION & CONCILIATION ACT‚ 1996 A CONSULTATION PAPER MINISTRY OF LAW AND JUSTICE GOVERNMENT OF INDIA Contents S.No. Title 1 Page No. Amendments to the Arbitration & Conciliation Act‚ 1-35 1996- A Consultation Paper 2 Annexure –I 36-54 The Arbitration and Conciliation Act‚ 1996 3
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