Search results for "Arbitration"
showing 10 items of 56 documents
Peace Mediations: Recourse to the Arbitration in the kingdom of Valencia (XIV-XV Centuries)
2017
Arbitration, as a means of conciliation, had an extraordinary diffusion in the Medieval West. It had the advantage of being more quick and, generally, less expensive that the causes resolved by the ordinary courts. Moreover, it tried to reconcile the interests of the warring parties. This paper seeks to define the main features of the arbitration in the kingdom of Valencia during the Middle Ages focusing the observation on the small rural community of Vilafranca.
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…
The BRICS Centres of Dispute Resolution: causes, state of the art, and prospects
2023
The idea of an enhanced cooperation and exchange of knowledge and best practices among its member states in the fields of trade, commerce, and investments -among others- is at the heart of BRICS. In fact, intra-BRICS trade has nearly tripled over the last decade, supported by an increase in intra-regional trade for all member countries. Thanks to their influential and remarkable progress in promoting local currency (for de-dollarisation purposes), regional FDI, and regional trade, the BRICS economies have emerged and have taken a new space in the twenty-first century. This reinforced one of the core objectives pursued by BRICS which is that of enhancing the five developing economies’ role i…
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.
Conciliation is not required prior to arbitration by the President of the Bar in case of a dispute between French lawyers
2023
In two decisions of the First Civil Chamber dated 8 March 2023, the French Cour de cassation indicated that, even though articles 7 and 21 of the Act of 31 December 1971 and article 142 of the Decree of 27 November 1991 referred to conciliation prior to arbitration by the President of the Bar, it was not compulsory. Non-compliance with this requirement cannot therefore be sanctioned by a dismissal.
La Cumparsita: a source of lawsuits Contursi and Maroni vs. Matos Rodríguez
2016
This article deploys Tango along with the lawsuits concerning to whom participated in the elaboration of “La Cumparsita” and its lyrics as a frame of reference for discussing about copyrights and intellectual property. In addition to giving an opinion about the procedure to arrive at the final solution related to the adjudication of the copyrights along its effects of that in each one of the beneficiaries, the author tell us a little bit of the process of creating this musical composition as well as the scope it had during its time. El presente artículo utiliza al Tango, a los pleitos y personajes que participaron en la elaboración de La cumparista y sus letras, como marco referencial para …
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…