Search results for " arbitration"
showing 10 items of 18 documents
Neutralidad y honorabilidad del árbitro: : De la ética a la diligencia
2021
One of the main principles of arbitration is that the arbitral tribunal must be independent, impartial, neutral and diligent in carrying out its duties throughout the arbitration proceedings. However, the sophistication and complexity of arbitration as an extra-judicial dispute resolution procedure can undermine confidence in the efficiency of the system. In this regard, the professional (arbitral) ethics and the honourability of the arbitrator are of major importance. This article aims to highlight the importance of the neutrality of the arbitrator, the integrity of the arbitration and the reputation of this procedure
Interpretation of manifest excess of powers with regard to jurisdictional and applicable law matters in the ICSID annulment proceedings within the me…
2019
There are a limited number of post-award remedies available, the annulment mechanism being the only plausible way to challenge the award. The annulment provision, Article 52, allows challenging the award with regard to the procedural matters only. The most frequently ground for annulment is “manifest excess of powers” as listed in the said provision. However it is not identified what errors of a Tribunal fall within this ground, as well as there is nothing about applicable law and jurisdictional matters in the provision. The thesis aims to analyze how the “manifest excess of powers” is interpreted and applied with regard to jurisdictional and applicable law matters. While some of the errors…
Commercial Arbitration Law
2022
This publication provides a summary of the mechanisms governing French domestic and international arbitration.It aims to :-provide an overview of the subject matter;-highlight the main differences between French domestic and international arbitration;-explain the relationship between arbitration and state justice.
A Note on Arbitration as a Means for Inadvertant Breach of Contract
2005
We focus on arbitration as a remedy for inadvertant breach of contract. We consider the effects of this procedure on precaution and reliance decisions. The model allows us to define circonstances in which arbitration is Paretosuperior to the expectation measure.
The Application of Foreign Law by Judicial and Non-Judicial Authorities: Any News?
2020
The treatment of foreign law by judicial and non-judicial authorities constitutes “a crucial issue” for the proper functioning of any Private International Law (PIL) system. Nevertheless, and despite its relevance, international harmonization on this issue is scarce and old –usually, previous to 1980-, and it combines both a limited scope and little application. Thus, the nature granted to foreign law before national authorities, the way to ascertain its content or to consider when it has been sufficiently proved usually vary significantly among jurisdictions and negatively affect the potential application of foreign law. This situation is widespread. And it is even noticeable in a legally …
LA CONTRATTAZIONE COLLETTIVA NEGLI STATI UNITI DAL WAGNER ACT AI NOSTRI GIORNI
2016
LA CONTRATTAZIONE COLLETTIVA NEGLI STATI UNITI. DAL WAGNER ACT AI NOSTRI GIORNI. — Riassunto. Il presente lavoro analizza la legislazione statunitense in materia di contrattazione collettiva sin dall’emanazione del Wagner Act nel 1935. Al riguardo, vengono discusse le regole per il riconoscimento dei sindacati nei luoghi di lavoro e per la stipula degli accordi collettivi (principio di maggioranza e rappresentanza esclusiva, obbligo di negoziare secondo buona fede) e per la gestione del conflitto industriale (arbitrato e clausola di tregua): sulla scorta di un approccio storico-critico e dei leading case giurisprudenzialil’articolosottolineailcarattereprettamenteaziendaleeprivatisticodellere…
Investment Arbitration and the Controverted Right of the Arbitrator to Issue a Separate or Dissenting Opinion
2018
Abstract Although dissents are not generally encouraged in international arbitration, they are a reality of investment treaty disputes. About one in five cases includes at least one separate or dissenting opinion. The ICSID Convention is rare among investment arbitration rules to expressly recognise the right of the arbitrator to attach his or her personal opinion to the award. Other investment arbitration rules are silent on the topic. And yet dissenting opinions are an established feature of several international courts and tribunals and their role is often viewed more benevolently than in investment arbitration. The article explores the perceived advantages and disadvantages of dissents …
Economic sanctions in international arbitration
2018
Historically, economic sanctions, as options of foreign policy, are aimed on changing the behavior of the target state and its regime. In a very extreme situation, economic sanctions can be used in a comprehensive manner, which means prohibiting all kinds of financial transactions with the sanctioned state. The aforesaid policy necessarily constitutes a significant influence on the commercial relations between individuals within a sanctioned state and their international contractual relations. The imposed sanctions can cause obstacles for performing contractual obligations, s can lead to the disputes in international arbitration. Nowadays, the issue of sanctions in international arbitration…
OHADA: Lei da arbitragem e a harmonizaçao do direito comercial em Africa
2008
L'aricolo esamina il regime dell'arbitrato nell'ambito del diritto commerciale armonizzato dell'OHADA.
“National Intervention” in International Commercial Arbitration
2019
The use of international arbitration increased over the years as a result of growth in international trade. How the State intervenes in the process concerning the appointment of arbitrators, provisional measures and evidence, and in the enforcement of the judgment after arbitration, is analysed. This State practice is however, difficult to change since international arbitration operates in a structure based on differing national terms, and not on uniform international standards.