Search results for "Arbitrage"
showing 10 items of 330 documents
language and law in international business law
2009
The relationship between language and law is clearly apparent in international organizations. More specifically, international commercial relations show a field of analysis still remains wide clearing. The choice of language is very widely, in international trade, depending on the wish of the parties. The question of free choice is central to the study of the relationship between language and law. But the choice of language is often done without consideration of legal risks, particularly the consequences as regards the implementation and interpretation of the contract. The language issue is generally treated only as incidental, accidental, although it is necessary to comply with a certain n…
Le dialogue juge - arbitre dans la création et l'application de normes juridiques
2017
The relations between state and arbitral justice, which were previously conflictual, have now clearly calmed down. Indeed, judges today are maintaining a constructive dialogue with arbitrators, which has led to both the creation and the application of transnational law. This communication thus reviews the main phases of this normative construction, whose completion has led to the strengthening of arbitration in these functions of international commercial justice.
Access to Justice or Access to States Courtss Justice in Europe? The Directive 2008/52/EC on Civil and Commercial Mediation
2013
Modern societies are very much linked to the idea of litigation. A hidden rule seems to exist in the sense that the more advanced a society is the highest level of litigation it suffers. This increase in the level of litigation amounts to a sort of “litigation explosion” that has traditionally been linked to State courts. This explosion is said to put the whole judiciary system under pressure in so far the volume of disputes brought before State courts increases, the proceedings become more and more lengthy and the costs incurred in such proceedings also augment. The goal to tackle this explosion underpins most of the reforms that modern national civil procedure laws have suffered in many c…
Commentaire de CA Paris, 10 mars 2005, L'obligation solidaire et l'arbitrage. La défaillance du codébiteur poursuivi, cause de paralysie de l'extensi…
2006
International audience
La normativa europea sui prodotti pensionistici individuali paneuropei tra regolazione del mercato e automatizzazione dei servizi finanziari (Il Reg.…
2023
The essay comments on the recent European legislation on a pan-European Personal Pension Product which aims to remedy the poor development of the market for these products also in the light of the welfare state's crisis. The essay criticizes some choices of the European legislator as they contrast with the objective of creating a single competitive market for pan-European individual pension products; the choices of the regulation on the protection of savers are also criticized, and finally the essay assume that as a consequence of the choices of the European legislator intermediaries will bear the costs of financial inclusion.
Profit vs morality: how unfair is labor market discrimination? Results from a survey experiment
2019
Using an original survey-experimental protocol, we study the normative acceptability of the trade-off between immoral profit (discrimination) and costly morality (non-discrimination). We test the causal influence of three factors: i) the origin of discrimination, ii) the steepness of the morality/profit trade-off and iii) anti-discriminatory moral injunctions. Contrasting with past experimental and attitudinal studies, we find that a significant minority of respondents believe that labor market discrimination is acceptable when morality results in profit loss. We also find that the three tested factors have significant effects on normative opinions. Respondents are more likely to choose pro…
A la recherche du principe d'égalité dans l'arbitrage commercial international
2008
International audience
Limits to Arbitrage and Interest Rates: a Debate Between Keynes, Hawtrey and Hicks
2018
International audience; This paper deals with a debate between Hawtrey, Hicks and Keynes concerning the capacity of the central bank to influence the short-term and the long-term rates of interest. Both Hawtrey and Keynes considered the central bank’s ability to influence short-term rates of interest. However, they do not put the same emphasis on the study of the long-term rates of interest. According to Keynes, long-term rates are influenced by future expected short-term rates (1930, 1936), whereas for Hawtrey (1932, 1937, 1938), long-term rates are more dependent on the business cycle. Short-term rates do not have much effect on long-term rates according to Hawtrey. In 1939, Hicks enters …
"Un revirement de jurisprudence contestable : la constitution du tribunal arbitral interdit la saisine du juge des référés aux fins de mesures provis…
2006
International audience
On the Quantity Quality trade-off in Education in Developing Countries
1986
International audience