Academic literature on the topic 'Arbitration and resolution (Jewish law)'
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Journal articles on the topic "Arbitration and resolution (Jewish law)"
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Celik, Michelle. "Sources of Arbitration Law." Legal Information Management 9, no. 3 (September 2009): 199–201. http://dx.doi.org/10.1017/s1472669609990338.
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Mooij, Hans. "Arbitration institutes forum: Arbitration Institutes: An Issue Overlooked." Intertax 47, Issue 8/9 (July 1, 2019): 737–44. http://dx.doi.org/10.54648/taxi2019072.
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Tax treaty arbitrations to date have only been rare. With the MLI and the Dispute Resolution Directive, however, numbers of arbitrations may reasonably be expected to go up. Authorities will have to face the question, whether they want to administer arbitrations themselves, or prefer to instead call on facilitation by professional arbitration institutes as is customary practice in such important areas as commercial or investment arbitration. Proper and effective administration will be a significant factor to the eventual success of tax treaty arbitration. Absent any guidance in either the MLI or the Dispute Resolution Directive, the issue requires careful consideration from authorities.
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Leonard, Patrick, and Hayley O’Donnell. "Arbitration in Derivatives Contracts." Journal of International Arbitration 39, Issue 1 (February 1, 2022): 61–78. http://dx.doi.org/10.54648/joia2022003.
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In recent years, the International Swaps and Derivatives Association (ISDA) has increasingly facilitated the use of arbitration as a means of resolving disputes arising out of derivatives transactions. Although the financial services industry is said to have traditionally preferred court-based dispute resolution, a number of factors suggest that market participants ought to consider the particular advantages of arbitration for such disputes. In particular, factors such as the ability of arbitration to mitigate enforcement risks in the absence of the mutual recognition of judgments and to deal with competing regulatory standards both in European and international derivatives suggest that arbitration should play an important role in the resolution of such disputes. This article reviews the history of arbitration in derivatives disputes and considers the recent moves by ISDA to facilitate the use of arbitration as a means of dispute resolution. It also considers the various options now available in this regard to market participants who seek to use ISDA standard form documentation, and the factors affecting the use of arbitration as a dispute resolution mechanism. It concludes that more research and data is required to monitor the use of arbitration in this area. Arbitration – arbitral rules and institutions – ISDA – Derivatives – financial services – arbitral award, recognition and enforcement – enforcement – choice of law
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Thien, Le Nguyen Gia. "Arbitration agreement or service contract on dispute resolution." Science & Technology Development Journal - Economics - Law and Management 2, no. 1 (December 28, 2018): 58–65. http://dx.doi.org/10.32508/stdjelm.v2i1.502.
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Arbitration agreement plays a vital role in arbitral proceedings, because the absence of arbitration agreement will lead to the invalidity of arbitral proceedings. Firstly, arbitration agreement figures out the name and type of the arbitration mechanism, then it clarifies parties’ requirements relating to the arbitration procedure including substantive law for the merit, procedural law for the arbitration proceedings, language of arbitration, number of arbitrators in the tribunal, locality of arbitration etc. In its essence, arbitration agreement not only describes the parties’ autonomy but also serves as a service contract (service contract on dispute resolution), accordingly arbitration organ will supply service on dispute resolution for parties. Unlike normal service contracts, autonomies of parties in service contract on dispute resolution, which indicates that arbitration organ is the service supplier, are established in two divergent stages. In the event of specific circumstances, although arbitration agreement has validity, the arbitration organ can refuse to become a service supplier.
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Adi Astiti, Ni Nyoman, Ghozali Rahman, and Siti Nur Ibtisamah. "The Position of Arbitration in Dispute Resolution of Islamic Financial Institutions." JURNAL AL-QARDH 6, no. 2 (December 31, 2021): 76–83. http://dx.doi.org/10.23971/jaq.v6i2.3461.
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Arbitration in Islamic law is known as the term tahkim which comes from Arabic. Arbitration in Islam has been recognized in the Al-Qur’an, Sunnah and Ijmak. In Indonesia, sharia arbitration focuses on the field of muamalah or sharia-based civil law. Sharia arbitration is very relevant in resolving sharia banking disputes. The practice of tahkim has been done by the companions of the Apostle. Thus, the problems that are resolved by arbitration institutions are not against Islamic law, because Islamic law itself recognizes the legality of arbitration as dispute resolution. However, in the formation of an arbitration institution, elements prohibited by religion should not be included and its decisions are also not contradicting religious law. If a case is related to an arbitration institution to settle it, then according to Islamic law the official judicial institution is no longer authorized.
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Dang, Sichen. "Article: Summary Report on the Inaugural Meeting of the Air Silk Road Investment and Trade Dispute Resolution Centre with the Announcement of the New SHIAC Aviation Arbitration Rules (2024), Held in Shanghai, China, on 26 November 2023." Air and Space Law 49, Issue 2 (April 1, 2024): 249–60. http://dx.doi.org/10.54648/aila2024014.
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This report provides an overview of the Eighth Shanghai International Air Law Forum, which was held at Jin Jiang Tower, Shanghai, China, on 26 November 2023. The Forum focused on the inauguration of the ‘Air Silk Road Investment and Trade Dispute Resolution Centre’ (ASR ITDRC), the seminar on ‘the risk prevention and dispute resolution of aviation investment and trade in the context of constructing the Air Silk Road’, and the announcement and introduction of the world’s first aviation-specific arbitration rules for institutional arbitration – the SHIAC Aviation Arbitration Rules (2024). This report consolidates the activities, presentations and keynote addresses from the Forum, highlighting the risk prevention for aviation investment and trade, the update of aviation arbitration rules in China, and the significance of the establishment of ASR ITDRC in improving the construction of a ‘One-Stop’ platform for aviation dispute resolution in Shanghai. China, aviation dispute resolution, SHIAC Aviation Arbitration Rules (2024), Air Silk Road Investment and Trade Dispute Resolution Centre
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Prihantini, Lilya Marischa, Mohammad Sood, and Lalu Muhammad Hayyanul Haq. "Arbitration as Settlement of Disputes in Foreign Investments." International Journal of Multicultural and Multireligious Understanding 7, no. 8 (September 4, 2020): 399. http://dx.doi.org/10.18415/ijmmu.v7i8.1937.
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This study aims to determine and understand the procedures for dispute resolution through arbitration in foreign investment (PMA), and how the development of arbitration is in accordance with positive knowledge and law in relation to dispute resolution in foreign investment (PMA). This research utilizes normative juridical legal research. This study uses a statutory, historical, and conceptual approach. The findings show that the procedure for disputing resolution through arbitration in foreign investment (PMA) has been confirmed in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The development of arbitration is in accordance with positive knowledge and law in relation to dispute resolution in Foreign Investment (PMA), that investors, in this case, not all of them are able to have a positive impact on the progress of society and the Indonesian government, the legal process of arbitration in resolving disputes in foreign investment (PMA) is far from perfect words.
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Gabriel, Simon, and Roxane Schmidgall. "The revised Swiss arbitration law." Revija Kopaonicke skole prirodnog prava 4, no. 1 (2022): 75–89. http://dx.doi.org/10.5937/rkspp2201075g.
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Arbitration is a popular method for the effective and efficient resolution of commercial disputes. Switzerland, with its tradition of neutrality and cultural diversity, has become one of the leading places for arbitration worldwide. In 2021, Switzerland enacted its revised arbitration law, Chapter 12 of the Swiss Private International Law Act. e revision introduced new provisions, which make the arbitration law more accessible for foreign users. At the same time, the legislator avoided overloading the law with unnecessary provisions. e Swiss arbitration law remains concise and straightforward and will continue to serve the international arbitration community well.
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Nikolaou, Polyvios. "Mandatory Binding Arbitration: Avoiding Stalemates Over the Tax Chessboard." Intertax 49, Issue 12 (December 1, 2021): 974–85. http://dx.doi.org/10.54648/taxi2021099.
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The resolution of tax treaty disputes under the Mutual Agreement Procedure (MAP) mechanism is inherently problematic. This article examines how the introduction of final-offer arbitration (FOA) can improve dispute resolution using a game-theoretical approach. It will be argued that arbitration introduces an element of finality that was demonstrably absent in the MAP while also contributing to the speedier resolution of disputes which is beneficial to all international stakeholders. After demonstrating the advantages of arbitration, the paper considers how its institutional design can be optimized in the tax context. It makes proposals regarding the publication of arbitral decisions to address concerns of countries that are still skeptical about whether or not to endorse it. Tax dispute resolution, game theory, mandatory binding arbitration, double tax treaties, mutual agreement procedure, baseball arbitration, international taxation.
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Rantsane, Ditaba Petrus. "The Origin of Arbitration Law in South Africa." Potchefstroom Electronic Law Journal 23 (November 3, 2020): 1–27. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a8963.
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This article seeks to trace the historical origin of arbitration as it is currently practised in South Africa. The resort to alternative dispute resolution methods has existed since time immemorial. The practice of arbitration was identified in the Bible when it was practised by King Solomon. South African traditional communities practised arbitration before the arrival of Western nations in South Africa, who brought with them their norms and practices. The community entrusted the responsibility of resolving disputes amicably to the headman, the Chief or the King. The practice of traditional alternative disputes resolution was disrupted by colonialism, which introduced Roman-Dutch law and subsequently English law influences. The aim of the parties under both Roman-Dutch law and English law was to steer their disputes away from courtrooms with their rigid rules and procedures. Hence the resort to arbitration. Through the passage of time, the parties lost respect for arbitration. Judicial intervention became a necessary tool to enforce the agreement to arbitrate or the subsequent award.
A concern was raised in some quarters regarding the South African arbitration legislation that stagnated in 1965 when it was enacted. The sophisticated legal system and the impartial and independent judiciary, provided a strong support to arbitration and its autonomy. The firm judicial support did not detract from the necessity for a complete overhaul of the arbitration prescript, which might position South Africa as the hub of commercial arbitration in Africa and globally. The enactment of the International Arbitration Act, 2017 marked a great milestone towards achieving that goal. Arbitration is embedded in the fabric of South African commercial dispute resolution.
Dissertations / Theses on the topic "Arbitration and resolution (Jewish law)"
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Sianondo, Clavel. "Arbitration practice in Zambia : the process and its legal impediments." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20794.
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Arbitration as a process of dispute resolution has been pivotal in addressing a lot of business needs to have the dispute resolved within a short period and with less inconveniences to their business. The principle of confidentiality gives impetus to the process. The skill of the arbitrators and the general party autonomy has made the process and awards to be fully complied. Despite the monumental progress made in the field of arbitration as a means of dispute settlement, the process has been beset by reversal which is inherent in the Arbitration Act itself thereby whittling down the advantages ascribed to the process. To this end, the study therefore highlights the historical development of arbitration in Zambia. The process of arbitration and its role in enhancing access to justice will also be examined. The advantages and how the same have been weakened by the Arbitration Act, other legislations and indeed the interpretive impositions by the court will be investigated. Among other provisions which fly in the teeth of the entire process is its usually unqualified attachment to the court system without cognisance of the aspiration of the entire process of arbitration. To redress these weaknesses in the Act and the rules which guide the arbitration process, this study will spur reforms so as to bring the law into conformity with the expectations of the end users.
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Wong, Kai Ming. "Stay for arbitration in construction disputes." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22052203a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2007.Title from PDF t.p. (viewed on Sept. 7, 2007) "Master of Arts in arbitration and dispute resolution 2006/2007, LW6409A research project" Includes bibliographical references.
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Girao, La Rosa Juan Carlos. "Economic labor arbitration as a conflicts resolution mechanism in Peru." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123858.
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The amount of labor law arbitrations has significantly increased through the last years. This has concurred with a legal modification that establishes specific causes for facultative arbitration.In this paper, the author analyzes this normative change while clarifying the polemics over its juridical nature and inquiring about its future effects regarding labor relationships disputes resolution.En los últimos años se ha incrementado de manera notable el número de arbitrajes laborales. Esto ha coincidido con la promulgación del Decreto Supremo 014-2011-TR, que modifica el Reglamento de la Ley de Relaciones Colectivas de Trabajo especificando causales de procedencia específicas para el arbitraje potestativo.En el presente artículo, el autor analiza esta modificación normativa esclareciendo las polémicas en torno a su naturaleza jurídica e indagando sobre sus efectos a futuro en la resolución de disputas relativas a relaciones laborales.
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Jacyk, David William. "Arbitration in WTO disputes : the forgotten alternative." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/32137.
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The creation of a binding adjudication system under the Dispute Settlement Understanding ("DSU") is one of the major successes of the WTO. However, while the Dispute Settlement Body ("DSB") has experienced a high level of compliance with its
rulings, there have been enough failures to raise concerns about compliance with WTO rulings. This in turn endangers the long term viability and legitimacy of the WTO as a decision-making body. This thesis explores the possibility of more effective integration of arbitration as a means of dealing with a small number of problematic cases where compliance with a ruling is doubtful. It considers arbitration as an alternative to what has
effectively become an institutionalized litigation system involving panels and the Appellate Body, and as an adjunct to the diplomatic resolution of disputes, particularly for policy driven cases where compliance with WTO rulings is more doubtful.
While proposals for the use of arbitration made during the Uruguay Round of negotiations leading to the creation o f the WTO have been realized in the provisions of the DSU, arbitration has never been effectively tested as a true alternative. Further, arbitration as an alternative to the litigation system has been almost entirely ignored in the context of the current debate over reform of the WTO dispute settlement system. After over a decade of WTO decision making, it is now an opportune point to consider meaningful institutional reform that more fully incorporates arbitration as an alternative form of dispute settlement at the WTO in politically difficult cases, and that builds on the existing but underused arbitration provision in Article 25 of the DSU. This thesis challenges the predominant bias towards the litigation system involving panels and the Appellate Body as a one-size-fits-all solution. It explores the potential role of arbitration, in the context of compliance theories, a historical review of the negotiations during the Uruguay Round, and an analysis of the shortcomings of the current DSU that contribute to the problems of non-compliance.Law, Peter A. Allard School of
Graduate
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Musukubili, Felix. "A comparison of the South African and Namibian labour dispute resolution system." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1040.
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The dynamic social and economic conditions in Namibia warranted a periodic review of labour legislation. Given these needs, uhe then Ministry of Labour, undertook a project in 1998, to assess the effectiveness of the first post kndependence Labour Act, 1992 (Act No 6 of 1992) a trirartite task force was established which recommended the amendment of the 1992 Act. This led to the enactment of the Labour Act, 2004 which introduced a new system of dispute prevention and resolution. However, the 2004 Act could not be put into effect in its entirety, because of its technical flaws and the fact that the Namibian Employers Federation (NEF) took issue with some of the provisions of the Act, such as leave provisions. In 2005, the Ministry of Labour and Social Welfare with its social partners undertook a complete technical review of the entire 2004 Act. As a result, In 2007, the new Labour Bill 2007 was tabled in Parliament, which eventually adopted it as the Labour Act, 2007 (Act No 11 of 2007) which became operational on the 1st November 2008. The new Labour Act, 2007 (Act No 11 of 2007) brings in sweeping changes to the familiar terrain of labour law and industrial relations practice in Namibia. The new Act, has done aware with the District Labour Court system, in its place comes the Labour Commissioner. The rudimentary dispute- settlement mechanisms of the old (first ) Labour Act, 1992 ( Act No 6 of 1992) have made way for the more sophisticated, yet speedier and more economical system of alternative dispute resolution through arbitration and conciliation by the Labour Commissioner. The Labour Act, 2007, requires parties to the labour dispute to seek conciliation before either taking industrial action or seeking adjudicative solutions to the dispute. Not only does the Labour Act, establish or makes provision for the appointment of the Labour Commissioner to provide for dispute resolution, it also permits parties to establish their own process for dispute resolution through a private arbitration route. Faced with this daunting array of untested rules and institutions, I have approached the writing of this work with some trepidation. My aim is to provide a thoroughgoing commentary on the provisions relating to dispute resolution. In the absence of much authoritative interpretation, I had to rely heavily on past practices and foreign South African precedents to identify the construction that judges and arbitrators are likely to arrive at. The present treatise provides a, comprehensive and integrated commentary for all involvement in the resolution of labour disputes in Namibia; it further provides rules and procedures which govern statutory disputes resolution through the Labour Commissioner. I sincerely hope that this paper, will prove useful to all those involved in labour law and industrial relations practice, as well as to teachers and students of this subject.
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Carlson, Melanie A. "The Corporate Exploitation of Fundamental Rights: A Nation of Arbitration." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1507.
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This thesis is an in-depth discussion and analysis of the alternative dispute resolution process of arbitration in the United States. It begins by providing a basic explanatory overview of arbitration clauses and the arbitration process. It then goes on to highlight the various benefits over traditional court litigation that arbitration has to offer. From there, the paper presents a detailed discussion of the many shortcomings of the arbitration process. It identifies the overall lack of procedural fairness that exists in arbitration today due to the fact that arbitration currently tends to favor businesses over consumers and workers during dispute settlements. The paper then identifies the various negative potential consequences that exist as a result of the unfair nature of arbitration today. This thesis concludes by presenting various ways that the arbitration process can be improved upon to make for a fairer, more neutral dispute resolution alternative.
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Al-Obaidli, Jassim Mohammed A. A. "Arbitration law in Qatar : the way forward." Thesis, Robert Gordon University, 2016. http://hdl.handle.net/10059/1564.
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Qatar is among the fastest growing developing countries in all fields. Since the State of Qatar gained independence from the United Kingdom, the Qatari government has been focusing on the formation of state institutions to keep pace with global development. In 1971, Qatar released the first civil and commercial law. The country established the first step towards the separation of civil and commercial transactions of Islamic law. However, the ever-changing nature of business and global economy requires significant economic and societal changes. With the increase of foreign investors in Qatar, there had to be a law governing arbitration in contracts. Therefore, the government promulgated the arbitration clause in commercial contracts; the first code of civil and commercial procedure contains a chapter of the arbitration. However, the provisions of arbitration included in this law are not compatible with the UNCITRAL Model Law. Although there is a shortage in literature regarding arbitration in Qatar, several studies discussed issues related to arbitration in Qatar and called for the adoption of a new separate arbitration law in Qatar compatible with the UNCITRAL one. This prompted Qatar to work on a new draft law of arbitration, especially after the ratification of the New York Convention 1985 by Qatar. However, these studies did not cover other factors which affect arbitration; such as cultural attitude towards arbitration and issues affecting the practice of arbitration in Qatar. Unlike previous studies regarding arbitration in Qatar, this thesis uses multi-methods to get an answer of the main question of the research, which is: “Will the new Arbitration Draft Law solve all the issues related to arbitration in Qatar, thereby attracting international companies to Qatar and its law for their arbitration?” The thesis reviews the related literature in the first stage. Then it analyses interviews which were held with a number of arbitration stakeholders, the recent Qatari draft law of arbitration, the GCC unified arbitration draft law and the Qatar Financial Centre (QFC) draft law. After that it conducts a comparison between the current provisions of arbitration, the Qatari arbitration draft law and the GCC unified arbitration draft law in light of the UNCITRAL Model Law and the Egyptian Arbitration Law. This multi-methods study results in recommendations which are listed in its conclusion. It is worth mentioning that both the Qatari arbitration draft law and the QFC draft law are considered for the first time in a research study. Also, the interviews which were held for the purpose of this research enrich the outcome as the participants were chosen from various categories of arbitration stakeholder, where some of them represent official entities; such as the Legislation Department of the Ministries Council and some of them are high ranking officials of these entities; such as the Minister of Justice.
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Gerber, Marcel. "Alternative dispute resolution in the BRICS nations: A comparative labour law perspective." University of the Western Cape, 2019. http://hdl.handle.net/11394/6996.
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Magister Legum - LLMAlternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available for resolving a particular dispute in the most effective and efficient manner possible. Alternative dispute resolution includes but is not limited to arbitration, mediation, negotiation, conciliation and facilitation. The Constitution of the Republic of South Africa, 1996, lists human dignity, equality and the advancement of human rights and freedoms as the founding values of the Republic of South Africa. In terms of section 9(1) of the Constitution everyone is regarded as equal before the law and has the right to equal protection and benefit of the law in South Africa. Often it is however argued that traditional court based litigation hinders the full enjoyment of these rights by individuals. Consequently, alternative dispute resolution is attractive as an alternative to court based litigation as it is regarded as less expensive, more time effective and results in less conflict when it comes to resolving disputes in the most accessible, effective and efficient manner possible, in both developed and developing countries. The study will first focus on the pitfalls to traditional court based litigation in South Africa. The relevant legislation and processes which provide for alternative dispute resolution processes in South Africa, with specific focus on alternative dispute resolution in labour disputes, will be considered. Consideration will be given to the provision of alternative dispute resolution as contained in the Constitution, the Labour Relations Act 66 of 1995, the Rules for the Conduct of Proceedings before the CCMA of 2003 and the Arbitration Act 42 of 1965. The study will thereafter proceed to consider the use of alternative dispute resolution in labour disputes in Brazil, Russia, India and China, who, together with South Africa, are collectively referred to as BRICS. These five nations are considered the world’s leading emerging economies, with similar economic capabilities and demographics.
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Kirunda, Solomon Wilson. "Slithering towards uniformity: the international commercial arbitration and conciliation working group of UNCITRAL as a key player in the strengthening and liberalisation of international trade." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2438_1254403625.
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The objective of this study was to examine and review the main features and works of the arbitration and conciliation working group of UNCITRAL while demonstrating their impact on international trade.
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Van, Gorp John D. "Binding arbitration and the summary trial with binding decision : a comparison of the two methods in resolving disputes." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2002. http://library.nps.navy.mil/uhtbin/hyperion-image/02Jun%5FVanGorp.pdf.
Full textBooks on the topic "Arbitration and resolution (Jewish law)"
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Michael, Rotenberg. Sofah le-hitḳayem: Ha-ḳiyum ha-meshutaf be-tsel ha-maḥloḳet = Co-existence in controversy. Yerushalayim: Karmel, 2020.
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Murray, John S. Arbitration. Westbury, N.Y: Foundation Press, 1996.
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Louis, Flannery, and Barlow, Lyde & Gilbert., eds. Arbitration law. London: LLP, 2004.
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Cooley, John W. Arbitration advocacy. South Bend, Ind: National Institute for Trial Advocacy, 1997.
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Yeşilirmak, Ali, and İsmail Gökhan Esin. Arbitration in Turkey. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2015.
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Jasper, Margaret C. The law of dispute resolution: Arbitration and alternative dispute resolution. Dobbs Ferry, N.Y: Oceana Publications, 1995.
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Campbell, Dennis. International dispute resolution. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2010.
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Wilton, Ann C. Family law arbitration in Canada. 2nd ed. Toronto: Carswell, 2013.
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author, Schneider Andrea Kupfer, ed. Dispute resolution. New York: Wolters Kluwer Law and Business, 2014.
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Institute, Pennsylvania Bar. Arbitration litigation. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2010.
Find full textBook chapters on the topic "Arbitration and resolution (Jewish law)"
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Colombo, Giorgio Fabio. "International Dispute Resolution and Arbitration." In Justice and International Law in Meiji Japan, 90–111. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003280637-5.
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Solimene, Fabio. "Litigation, arbitration and alternative dispute resolution." In The Law and Practice of Complex Construction Projects, 477–99. London: Informa Law from Routledge, 2024. http://dx.doi.org/10.4324/9781003387718-54.
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Arias, David, and James Doe. "Searching for convergence between the common law and civil law traditions on good faith through international arbitration." In Construction Arbitration and Alternative Dispute Resolution, 89–107. London: Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9781003155973-10.
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Nazzini, Renato. "The problem of the law governing the arbitration clause between national rules and transnational solutions." In Construction Arbitration and Alternative Dispute Resolution, 5–28. London: Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9781003155973-3.
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Ortolani, Pietro. "Anti-suit Injunctions in Support of Arbitration and EU Law." In Dispute Resolution in China, Europe and World, 171–90. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-42974-4_8.
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Tamanaha, Brian Z. "Dispute Resolution/Arbitration." In Bibliography on Law and Developing Countries, 50–52. Brill | Nijhoff, 1995. http://dx.doi.org/10.1163/9789004632882_019.
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Atwood, Barbara Ann. "Arbitrating Family Law Disputes." In Family Dispute Resolution, 168–84. Oxford University Press, 2024. http://dx.doi.org/10.1093/oso/9780197545904.003.0009.
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Abstract This chapter is a guide to family law arbitration laws and practice. Its focus is on voluntary contractual arbitration, not the court-annexed, non-binding arbitration that exists to encourage settlement of cases. The chapter highlights the advantages and limitations of arbitration as compared to other forms of dispute resolution and gives an overview of state law on family law arbitration and the process itself. The elements of an arbitration agreement are discussed as well as special considerations relating to child-related disputes and the potential impact of intimate partner violence. The blend of arbitration in combination with other alternative dispute resolution methods, in particular the “med-arb” hybrid, is also explored. Where relevant, the discussion emphasizes variations in state law. The chapter concludes with a brief description of religious arbitration.
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Macneil, Ian R. "Introduction to Alternative Dispute Resolution and Arbitration." In American Arbitration Law, 3–12. Oxford University PressNew York, NY, 1992. http://dx.doi.org/10.1093/oso/9780195070620.003.0001.
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Abstract ADR – Alternative Dispute Resolution – has for a number of years been one of the hottest of all hot topics in the legal academy. As with each new generation and sex, so too this academic generation and ADR: it thinks it discovered the whole thing. Like sex, how ever, ADR is as old as humanity itself, and the academic ADR movement is largely one of rediscovery by the academy. Although that movement has discovered nothing fundamental and new, its development has paralleled development of techniques outside the academy differing in important details from those commonly used in the past. The mini-trial in its many variants is an example of special new techniques involving either negotiation, mediation, or aspects of arbitration or all three.
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"Applicable law." In Arbitration and Alternative Dispute Resolution, 86–104. United Nations, 2001. http://dx.doi.org/10.18356/858413f1-en.
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Cohen, Julius Henry, and Kenneth Dayton. "The New Federal Arbitration Law." In Discussions in Dispute Resolution, 203–6. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197513248.003.0041.
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This article focuses on the federal arbitration law. On February 12, 1925, President Calvin Coolidge signed the United States Arbitration Law, which became effective on January 1, 1926. This act reversed the hoary doctrine that agreements for arbitration are revocable at will and are unenforceable, and in the language of the statute itself, they are made “valid, enforceable and irrevocable” within the limits of federal jurisdiction. There are three evils which arbitration is intended to correct: (1) the long delay usually incident to a proceeding at law, in equity or in admiralty, especially in recent years in centers of commercial activity, where there has arisen great congestion of the court calendars; (2) the expense of litigation; and (3) the failure, through litigation, to reach a decision regarded as just when measured by the standards of the business world. The article then argues that the proposed law rests upon the constitutional provision by which Congress is authorized to establish and control inferior federal courts. It also contends that sound public policy demands specific enforcement of arbitration agreements by the law.
Conference papers on the topic "Arbitration and resolution (Jewish law)"
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P., Senthil Kumar, and Anu V. Thomas. "Evolution of Arbitration Law in India." In 6th International Conference on Modeling and Simulation in Civil Engineering. AIJR Publisher, 2023. http://dx.doi.org/10.21467/proceedings.156.31.
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The construction industry is considered to be one of the most dispute-prone industries in the world. Disputes of any kind need to be solved through alternate dispute resolution methods to avoid delay in the completion of the projects and thereby reduce financial losses. Arbitration is an alternative dispute resolution mechanism that has been in use since ancient times worldwide. In India, various laws related to arbitration were formulated prior to British rule and also post-independence. In this paper, an attempt has been made to compare the different Arbitration Acts existing in India to study their effectiveness in dispute resolution.
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Sitabuana, Tundjung Herning, Ahmad Redi, and Shella Felicia. "The Review of Regulations Through Ministry of Law and Human Rights." In Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200917.015.
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Rahaditya, R., and Agoes Dariyo. "Conflicts in the Management of Crude Oil Related to the Application of Law Number 22 of 2001 Concerning Oil and Natural Gas Against People’s Oil Mining in the Village of Wonocolo, Kecamatan Kedewan, Bojonegoro, East Java." In Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200917.007.
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Nový, Zdeněk. "The Dichotomy of Obligations of Conduct and Result in International Investment Law." In COFOLA International 2022. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0231-2022-7.
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The content of an international obligation must be ascertained before the investment tribunals have decided that the international obligation was breached. Whilst some obligations in investment treaties require a result to be attained by states or investors, others demand they undertake their best efforts. The dichotomy of obligations of conduct and result is a useful tool in analysing the content of international obligations derived from standards of treatment contained in investment treaties, thereby assisting in determining international responsibility. Firstly, the standard of full protection and security is analysed through the lenses of the dichotomy. Secondly, the procedural obligations stemming from dispute resolution provisions are examined, including the obligation to submit to arbitration, the obligation to comply with arbitral awards, and the obligation to recognise and enforce the latter. Thirdly, the dichotomy serves to enhance the understanding of investors’ obligations to respect human rights under investment treaties. The dichotomy may thus assist in establishing the content of the human rights’ obligation in question, and thus the investor’s responsibility for its breach.
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Бардин, Лев, and Lev Bardin. "On the issue of the right to provide legal assistance." In St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. Москва: INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6faa331e66.29746358.
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The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those who received the status Lawyer in accordance with Russian law, has the right to represent in criminal courts and Russian arbitration courts, as well as act as a representative of organizations in civil and administrative proceedings and proceedings on cases of administrative violations. Appropriate legislative changes are needed. The law states that the use of the terms "advocacy", "lawyer", "lawyer's chamber", "lawyer’s entity" in the names of organizations is allowed only by lawyers. Every year, Russia's tax inspections register dozens of organizations set up by non-layers, illegally including the above terms in their names. The law should provide not only prohibitions, but also sanctions for violation of these prohibitions. Collegiums of advocates often include the phrase "partners" in their names. But lawyers - members of the board are not partners and do not sign partnership agreements. Partners can not be among the governing bodies of the collegium . The application by collegiums of lawyers of the rules provided for non-commercial partnerships by the Federal Law "On Non-Profit Organizations" in the part of partners is illegal.
Only lawyers can establish a lawyer’s bureau and conclude a partnership agreement. But in practice in lawyer’s bureau, persons who do not have the status of a lawyer become partners. In other countries, in associating lawyers limited liability partnerships, along with partners, there are "associates". The introduction of such "associates" in our lawyer’s bureau will be a good alternative to attempts to include commercial organizations in the composition of lawyer entities.
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Kambovski, Igor. "VANSUDSKO REŠAVANjE SPOROVA-ARBITRAŽA I MEDIJACIJA." In XIX majsko savetovanje. University of Kragujevac, Faculty of Law, 2023. http://dx.doi.org/10.46793/xixmajsko.1051k.
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In every democratic state, governed by the rule of law, the judicial system is a mirror of democracy, human rights and freedom. Strict legal and social standards related to the judiciary become narrow or somewhat ineffective over time, and the need for justice is ultimate. Courts are under the constant scrutiny of the professional, scientific, domestic and international public, and the public is often dissatisfied with the efficiency of the judicial system, considering that it does not provide effective and cheap protection of rights within a reasonable time and does not exclude secondary, political and similar influences on court proceedings. This imposes the need to find a solution to increase the efficiency of the judicial system, without abandoning the basic principles and postulates on which it is based. New, more rational trends and means to achieve such goals cause judicial reforms in the direction of dejudicialization, using alternative methods for resolving disputes. The scope of judicial reforms at the global level includes the following basic goals: 1) acceleration of access to justice by speeding up and simplifying court procedures; 2) relieving the courts of accumulated cases, which could be resolved in another, out-of-court procedure. Alternative dispute resolution (ADR) is the general name for a method of out-of-court agreement and settlement that includes, first of all, arbitration and mediation, as the two main procedures of informal mediation and decision-making. The term ADR refers to any procedure that means an alternative, i.e. a substitute for a court procedure, an out-of- court way of resolving disputes. The possibility of alternative procedures is not limited in advance, so the emergence of new ADR methods cannot be limited or excluded. The main difference between the alternative procedure and the classic court procedure is that the dispute for which the court is competent is resolved without the formality of the court procedure, that is, it is not resolved by the court. Compared to court procedures, alternative procedures are much more flexible and adaptable to the nature of the dispute. Also, the alternative means relieving the court and saving time and money for the parties, as well as faster access to justice, i.e. dispute resolution.
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Saeed Ghafoor Ahmad, Kosar, and Amanj nasih qadir omer. "Prosecuting the perpetrators of the Camp Speicher crime according to Iraqi laws or the jurisdiction of the International Criminal Court." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/45.
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"This work includes talking about the crime of Camp Speicher, in which 1,700 students of the Iraqi army of the Sheea creed were killed by the gangs of the terrorist organization ISIS, with the aim of eliminating the members of this sect because of the misleading ideology carried by those gangs. On 6-12-2014, Iraqi soldiers at Camp Speicher (Speicher Air Base) in Tikrit were subjected to murder and enforced disappearance by terrorist organizations because of their affiliation to the Sheea creed. This crime was among a series of brutal crimes for the genocide of Sheeas in Iraq. This is similar to what happened in the Badoush prison crime in the province of Mosul, which the Iraqi Parliament considered it as a crime of genocide, in which these gangs executed about (400) members of the prison inmates of the Sheea component. After ISIS took control of the city of Tikrit in Iraq, and one day after they took control of the city of Mosul, they captured (2000-2200) soldiers and led them to the presidential palaces in Tikrit, and they shot them there and in other areas and buried some of them alive. This disaster had a negative impact on the families of the victims of the Speicher where they went out in demonstrations demanded that the leaders who handed over the victims of Speicher to ISIS must be prosecuted, and in one of the demonstrations they managed to enter Parliament and demanded that the leaders who handed over Speicher to ISIS be held accountable. After that, many demonstrations took place by the families of the victims, some of which led to the closure of a bridge in Baghdad a few times Protesting the government's delay in clarifying the fate of their children or taking quick measures. The Iraqi parliament and government recently considered the Speicher incident “genocide” in reference to the premeditated murder of Badoush Prison inmates in Nineveh Governorate and the unarmed Speicher military base, the premeditated murder of members of the Albu Nimr, Jabour, al-Lahib, and al-Ubaid tribes, and the killing and displacement of civilians from Kurds, Christians, Yazidis and Shabaks in Sahel Nineveh, Sinjar, deliberate killing and displacement of Turkmens in Tal Afar and Bashir. This decision paves the way for obtaining international recognition from it as a ""genocide"" as stipulated in the Contract of the United Nations in 1948, and Iraq signed it in the fifties of the last century. This study attempts to explain the Al-Ikhnasas Court in looking into the crimes of genocide committed by ISIS against the bereaved students of the Air Force Base (Speicher) due to what this issue raised from the national and international public opinion, especially after the involvement of the Iraqi army leaders in this massacre, according to what witnesses reported in that area and what was reported by soldiers who survived the incident, in addition to the involvement of some members of the Sunni tribes in these crimes with the terrorist organization ISIS. The importance of this study lies in the following aspects: - That ISIS elements were tried according to Anti-Terrorism Law No. 13 of 2005, and from our point of view that the aforementioned law is vague and broader than it should be, and it applies to serious and simple crimes from murder to crimes of sabotage, and the list of crimes punishable by the death penalty according to the aforementioned law is a long list and spacious. - The Iraqi government has embarked on an attempt to develop a legal framework to prosecute ISIS elements, and its mission focused on understanding the procedures and results drawn from those judicial efforts, and its mission also focused on showing the efforts taken by the Iraqi government to address violations in the field of the right to life, including those committed by affiliated forces government as well as other international and domestic actors. The International Criminal Court is specialized in considering specific crimes under Article (5) of its Statute, which are war crimes, aggression and crimes against humanity, which necessitates the adaptation of Speicher's crime within any of the mentioned types of crimes. The assumption of the International Criminal Court in relation to the Speicher crime, includes several positive matters and results at the same time a set of negatives, which must be presented to those positives and negatives in order to give preference between them and the choice of authorizing the court to consider the crime or not. The terrorist organization ISIS has committed serious systematic violations, including war crimes and others, and perhaps those that are not under its control, and that none of these crimes can be addressed within the anti-terrorism law, which cannot address human rights violations. The international community has recognized the heinous violations committed by ISIS against the citizens of Iraq by adopting Resolution (2370) in September of 2017, issued by the Security Council, which authorizes the Security Council to appoint an investigation team to support local efforts to hold ISIS elements accountable by collecting and preserving evidence in Iraq, which can rise to a high level, and it was committed by the elements of the organization. It considers that the decision constitutes a burden and an obligation on Iraq to investigate all allegations of violations committed by government forces for the purpose of holding them accountable, as well as requiring the establishment of special courts and trained judges in relation to ISIS crimes to deal with them. Terrorism is a global curse that has recently spread horizontally to all countries of the world and its effects have been concentrated vertically in some countries, and no one denies that the parties to this phenomenon are increasing (perpetrators and victims) and the United Nations in particular and the international community in general has not succeeded in reducing it despite the fact that the resolutions of the UN Security Council It is increasing, but the proportionality is absent between these decisions and the practical reality. The phenomenon of terrorism is spreading rapidly, and the perpetrators of terrorist acts are on the rise, corresponding to an increase in the victims of terrorism. Also, the circumstances and events that Iraq is going through, especially after 2003, put it at the forefront of countries which suffers from terrorism that has killed the people, using methods and forms that were not previously known and brutal and bloody cruel. ) for the year 2005, and since terrorism was not limited to Iraq, but included many countries, and was not specific to a place or time, nor was it recent in terms of composition. In addition, the aforementioned law cannot be aware of all violations of international and humanitarian law, as we mentioned previously, which requires the necessity of referring the criminals to a competent court. The Court conducts its rule under Article (13) of its Statute when referred to it by a state party to the same system or by the Security Council or when the Public Prosecutor conducts the investigation on his own, and then how does the Court take its measures regarding the aforementioned crime if we take a look Considering that the State of Iraq is not a member of the Statute of the Court. The rule of the court is free from the death penalty, which makes the idea of authorizing the court to consider the crime rejected by most Iraqis, especially the families of the victims. What are the negative aspects of the Iraqi national judiciary’s view of the Speicher crime, and how can it be avoided if the International Criminal Court plays this role? What are the guarantees provided by the court in the event that it proceeds with its procedures regarding this crime? The research on this subject is according to the appropriate method, which is the analytical and comparative method, which works on studying and comparing topics by analyzing ideas and jurisprudential rulings, and the positions of the governments of countries and the United Nations, as well as the resolutions of the Security Council and the General Assembly, and comparing arbitration between Iraqi courts. And the international courts regarding the trial of the perpetrators of the Speicher base crime, and then come up with a set of conclusions and recommendations."
Reports on the topic "Arbitration and resolution (Jewish law)"
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Rodríguez Piedrahita, Adrián F. International Arbitration Claims against Domestic Tax Measures Deemed Expropriatory or Unfair and the Inequitable. Inter-American Development Bank, February 2006. http://dx.doi.org/10.18235/0008623.
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Preliminary statements about the role of FTAs and the importance of understanding the potential consequences of adopting tax measures deemed expropriatory or unfair and inequitable. Overview of CAFTA-DR¿s Framework on Indirect Expropriation. Introduces the concepts of investment, the obligation not to expropriate, and dispute resolution alternatives available. Tax Measures Equating to Indirect Expropriation. Discusses the role of international law in the interpretation and application of treaty rules, particularly the obligations not to expropriate and to afford the investor fair and equitable treatment, approaching them from the perspective of domestic tax measures. Domestic Tax Disputes Rising to the Level of Investment Arbitration Disputes. Through a comparative analysis of a recent case it elaborates on the investor¿s room to characterize a domestic tax dispute as an investment dispute seeking relief under treaty provisions from an international arbitration panel.
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Cvijić, Srdjan, Nikola Dimitrov, Leposava Ognjanoska Stavrovska, and Ivana Ranković. Bilateral Disputes and EU enlargement: A Consensual Divorce. Belgrade Centre for Security Policy, May 2024. http://dx.doi.org/10.55042/xubk6023.
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Bilateral disputes between European Union member states and candidate countries are one of the key obstacles to EU enlargement. They have been plaguing the EU accession process ever since the breakup of Yugoslavia and the subsequent border dispute between EU member Slovenia and candidate country Croatia which then ensued. More recently we have the case of North Macedonia. It became a candidate country in 2005 but ever since, its accession negotiations have been bogged down by endless bilateral disputes. While the case of North Macedonia and its decades long conflicts with Greece and Bulgaria are the most well-known of such cases, they are not the only ones. In a seminal 2018 publication the Balkans in Europe Policy Advisory Group (BIEPAG) outlined the most prominent “open” or “latent” disputes between EU member states and candidate countries in the Western Balkans. Ranging from border to territorial disputes, or ones concerning the status of national minorities, four out of five candidate countries in the region – Albania, Bosnia and Herzegovina, North Macedonia or Serbia, has a bilateral dispute with one or more EU member states. If you look at new candidates Ukraine and Moldova and potential candidate Georgia however, the list of active or potential bilateral disputes is even longer. Even when a candidate country meets the criteria to progress in EU accession talks, bilateral disputes can delay it for years or even decades as in the case of North Macedonia. In this way such disputes present a serious challenge to the credibility of the EU enlargement process. In the context of the war in Ukraine, as we have seen with regard to the policies of Viktor Orbán’s Hungary towards Ukraine, invoking bilateral disputes can seriously challenge the geopolitical orientation and the security of the entire Union. On the legal side, since most of these issues fall outside the scope of the EU law and are not covered by the accession criteria, there is a need to think of an institutional mechanism to deal with bilateral disputes. Enlargement policy does not offer an appropriate platform for settlement of bilateral disputes, especially for those that fall outside the EU law. Hence, these issues should be addressed via the international legal dispute resolution toolbox and thus be subjects of separate processes. The EU’s role however cannot be passive. It should invest efforts in these processes in order for them to be mutually reinforcing and so that the accession process has a mollifying rather than tension amplifying effect on the issue. In its policy brief, published at the end of 2023, the European Council on Foreign Relations (ECFR) proposed updating the Copenhagen criteria such that they should include a stipulation to resolve bilateral issues between member states and candidate countries through external dispute resolution mechanisms: Territorial disputes should be referred to arbitration or the International Court of Justice, while those on minority rights should be dealt with by the European Court of Human Rights and other appropriate dispute settlement mechanisms. In this policy brief we suggest ways how to operationalise this proposal. First, we describe different types of vertical bilateral disputes (the ones that include asymmetrical relations) between EU members and Western Balkan candidate countries, then we outline international mechanisms to resolve them, and finally we propose an institutional architecture to remove bilateral disputes that fall outside of the scope of the Copenhagen criteria and the EU acquis from the purview of EU accession talks.