Academic literature on the topic 'Litigation and arbitration'
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Journal articles on the topic "Litigation and arbitration"
Nater-Bass, Gabrielle. "Class Action Arbitration: A New Challenge?" ASA Bulletin 27, Issue 4 (December 1, 2009): 671–90. http://dx.doi.org/10.54648/asab2009063.
Full textLeake, Timothy. "Arbitration Waiver and Prejudice." Michigan Law Review, no. 119.2 (2020): 397. http://dx.doi.org/10.36644/mlr.119.2.arbitration.
Full textBello, Adesina Temitayo. "Why Arbitration Triumphs Litigation : Pros of Arbitration." Singaporean Journal of Business , Economics and Management Studies 3, no. 2 (September 2014): 32–38. http://dx.doi.org/10.12816/0007337.
Full textMimoso, Maria Joao. "The myth of absence of lex fori towards the international arbitrator." New Trends and Issues Proceedings on Humanities and Social Sciences 3, no. 4 (March 22, 2017): 241–48. http://dx.doi.org/10.18844/prosoc.v3i4.1578.
Full textPosthuma, Richard A., Gabriela L. Flores, James B. Dworkin, and Samuel Pavel. "Social context and employment lawsuit dispute resolution." International Journal of Conflict Management 27, no. 4 (October 10, 2016): 547–69. http://dx.doi.org/10.1108/ijcma-10-2015-0072.
Full textSeyadi, Reyadh Mohamed. "Intellectual Composition of Arbitral Tribunals According to the New Saudi Arbitration Law." Arab Law Quarterly 33, no. 1 (December 12, 2019): 99–108. http://dx.doi.org/10.1163/15730255-12331028.
Full textKorn, David, and David Rosenberg. "Concepcion's Pro-Defendant Biasing of the Arbitration Process: The Class Counsel Solution." University of Michigan Journal of Law Reform, no. 46.4 (2013): 1151. http://dx.doi.org/10.36646/mjlr.46.4.concepcions.
Full textGjorgjioska, Emilija, Zorica Stoileva, and Dijana Gorgieva. "INTERIM MEASURES IN ARBITRATION." Knowledge International Journal 28, no. 6 (December 10, 2018): 2155–60. http://dx.doi.org/10.35120/kij28062155e.
Full textDawson, Georgia, and Kate Apostolova. "Banks as Claimants in Investment Arbitration." Asian International Arbitration Journal 16, Issue 2 (November 1, 2020): 93–112. http://dx.doi.org/10.54648/aiaj2020017.
Full textBoshoff, L. L. "Saudi Arabia: Arbitration vs Litigation." Arab Law Quarterly 1, no. 3 (1985): 299–311. http://dx.doi.org/10.1163/157302585x00518.
Full textDissertations / Theses on the topic "Litigation and arbitration"
Lee, Rainbow Lai Yee. "What are the comparisons of international litigation and arbitration in mainland China." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21324268a.pdf.
Full text"A dissertation paper undertaken in partial fulfillment of the Master of arts in arbitration and dispute resolution." Title from title screen (viewed on Sept. 20, 2006) Includes bibliographical references.
Abdullah, Muhammad Tahir. "Role of UAE courts in international commercial arbitration." Thesis, University of Bedfordshire, 2013. http://hdl.handle.net/10547/305727.
Full textAlba, Betancourt Ana Georgina. "Cross-border conflicts of patents and designs : a study of multijurisdictional litigation and arbitration procedures." Thesis, Queen Mary, University of London, 2015. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8918.
Full textGerber, 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.
Full textAlternative 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.
Ríos, Pizarro Carlos. "Three is a crowd? Some notes about Third Party Funding and its application in commercial arbitrations." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123422.
Full textEn este artículo, el autor nos introduce a la institución del third party funding y su futura aplicación en los litigios arbitrales. El third party funding permite que los costos del litigante puedan ser financiados. Asimismo, señala los problemas que presenta el tercero financista, y la implementación de normas para afrontar esa situación. Finalmente, hay una tendencia de ampliar el deber de revelación de las partes sobre si se está siendo financiado por un tercero.
Irnsperger, Elena Maria. "Enforcement of the law in the People's Republic of China - with focus on international civil litigation and arbitration." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12968.
Full textThe main aspect of the paper is the investigation of the enforcement of law of foreign (and domestic) judgments as well as arbitral awards in People´s Republic of China (PRC). The focus lies on international civil litigation and arbitration. For this purpose it is essential to elaborate on the judicial structures and its impact on the enforcement of laws in the PRC. The court system as well as its size and performance, the prosecution system, the lawyer system, the jurisdiction and the arbitration system will be briefly discussed. Thereafter, the study focuses on the recognition and enforcement of civil judgements and arbitral awards in the PRC. The organization of the enforcement and its procedure, laws and regulations in general will be addressed before the enforcement of civil judgements and arbitral awards will be investigated in detail. The investigation of the enforcement of judgments in the people’s courts of China is separated in the enforcement of domestic judgments and foreign judgments. While examining the recognition and enforcement of arbitral awards it is important to consider the different categories of awards. In the following the challenges and obstacles facing the Chinese judicial system will be determined. The legal education, the lack of professionalism, local protectionism and the lack of judicial independence are just some of them. The progress China has made in the last decades will also be mentioned. Especially the judicial reforms from 1999 to 2014 and the efforts made to improve the enforcement of law. In addition the practical side will be determined, therefore, important or recent cases will be considered. The goal of the paper is to give an overview of the current social and economic environment of law enforcement and the measures which should be taken to improve the law enforcement in the PRC. Due to the lack of official statistics in regard of law enforcement in the PRC, the study is based on collected information from different sources.
Holovan, Yelyzaveta. "Ukrainian Investors’ Extraterritorial Crimean Quagmire : How to Overcome Jurisdictional Hurdles, Litigation Tactics, and Non-Voluntary Compliance Presented by Russia." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-444084.
Full textLin, Ching-Lang. "Arbitration in administrative contracts : comparative law perspective." Thesis, Paris, Institut d'études politiques, 2014. http://www.theses.fr/2014IEPP0023/document.
Full textWhile arbitration has traditionally been considered as a means to resolve private disputes, its role in disputes involving administrative contracts is a crucial question in administrative law. In brief, the three specific questions are (1) Can arbitrators or arbitral tribunals decide issues involving administrative law? and (2) Is there, or should there be, any limitation on the authority of arbitrators or arbitral tribunals? (3) Moreover, after the issue of an arbitration award, what role should the State play in the judicial review phase? The first question, the issue of arbitrability, is discussed in part 1 (FIRST PART: ARBITRABILITY). The second question will be discussed in part2 (SECOND PART: PARTICULAR QUESTIONS OF ADMINISTRATIVE MATTERS IN ARBITRATION PROCEDURE). Finally, on the question of what happens after the arbitration award, we will discuss judicial review in part 3 (THIRD PART: JUDICIAL REVIEW AND EXECUTION OF ARBITRATION AWARD). We compare legal systems between the four countries: in France, in Canada, in China and in Taiwan. We believe that an administrative contract, at least in its function and conception, is gradually becoming different from a private contract. Innovation with respect to administrative contracts will also reflect the concentration and function of the administrative litigation systems in each country. In addition, the “objective” or “subjective” function of administrative litigation will also affect the degree of arbitrability, as well as arbitration procedures. Taken together, arbitration will be more acceptable in systems whose function is more “subjectively oriented” than in those whose function is “objectively oriented". Finally, “the arbitration of administrative matters” traditionally has been an important question in administrative and arbitration law. In the future, we will continue to see it shine in the doctrine and jurisprudence of both the administrative and arbitration law fields
Cortesi, Giulio Alvaro. "Les émanations de l'Etat à vocation économique dans l'arbitrage des investissements et dans le contentieux de l'O.M.C." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D055/document.
Full textThe idea of a thesis on state enterprises in international investment law finds its roots in their impressive economic development during the last decade, which, on one hand, gives considerable relevance to this theme given its inherent actuality and, on the other hand, there is a considerable interest in the juridical problems that these entities leave open. The thesis consists of a preliminary chapter, were the legal form of these institutions has been analyzed, from both an empirical assessment and the standpoint of national and international law applicable to these subjects. The empirical, in-depth analysis, not yet reached in the collections of examined contributions, turned up as fundamental, because some of the legal issues concerning state enterprises cannot really be tackled without such an approach. The more juridical body of the thesis, devoted only to legal analysis is composed of three parts and has two main poles of interest: the first linked to the understanding of the legal implications of these entities and a second, and, wider one, aimed at understanding what the treatment of these bodies, occurred in the dispute cases examined, can tell us at a systemic level about international investment law, which has required also a targeted comparison with commercial arbitration and international trade law
Tleiji, Fatima. "Le cadre juridique du cyber arbitrage dans le commerce international." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D047.
Full textThis thesis is a comparative study between French law and Egyptian law; it concerns The legal framework for cyber arbitration in international trade, these terms mean paperless arbitration procedures which represents an alternative way to resolve trade disputes. The question is to what extent the rules of traditional arbitration are able to govern dematerialized arbitration and whether to create it for specific legal rules. The answer to this problem is based on the ability of all the rules of law to adopt new technologies. Note that the dematerialized arbitration is subject to the same traditional rule governed by the general theory of contract, on the basis of the will of the parties, but the arbitration shall be conducted without the presence of the latter because through electronic means. The arbitration proceedings will be held remotely, however, if technically online arbitration easily practice it does not hold true in legal terms. In other words, the classic arbitration includes plethora of mandatory conditions on both the funds and the form, terms as online arbitration, pursuant to its nature, does not satisfy in full. Both laws are compared globally convergent and consistent with international principles. After a long period of open hostility there are, in the eighty years from Arab countries, changes in their attitude to international commercial arbitration. However, French law exceeds the Egyptian law on electronic material
Books on the topic "Litigation and arbitration"
Institute, Pennsylvania Bar. Arbitration litigation. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2010.
Find full textF, Lowenfeld Andreas. International litigation and arbitration. 2nd ed. St. Paul, Minn: West Group, 2002.
Find full textInternational litigation and arbitration. St. Paul, Minn: West Pub. Co., 1993.
Find full textNemeth, Charles P. Litigation, pleadings, and arbitration. Cincinnati: Anderson Pub. Co., 1990.
Find full textStirnimann, Franz X., Jorge Alberto Huerta-Goldman, and Antoine Romanetti. WTO litigation, investment arbitration, and commercial arbitration. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2013.
Find full textFellas, John. International business litigation & arbitration, 2000. New York: Practising Law Institute, 2000.
Find full textFellas, John. International commercial litigation. New York: Practising Law Institute, 1999.
Find full textV, Eijsvoogel Peter, ed. Litigation in the Netherlands: Civil procedure, arbitration, and administrative litigation. Austin: Wolters Kluwer Law & Business, 2009.
Find full textWeintraub, Russell J. International litigation and arbitration: Practice and planning. Durham, N.C: Carolina Academic Press, 1994.
Find full textMarquis, Mel, and Roberto Cisotta. Litigation and arbitration in EU competition law. Cheltenham, UK: Edward Elgar, 2015.
Find full textBook chapters on the topic "Litigation and arbitration"
Strong, S. I. "International Litigation – Arbitration." In Encyclopedia of Law and Economics, 1–10. New York, NY: Springer New York, 2021. http://dx.doi.org/10.1007/978-1-4614-7883-6_70-2.
Full textStrong, S. I. "International Litigation and Arbitration." In Encyclopedia of Law and Economics, 1185–94. New York, NY: Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_70.
Full textStrong, S. I. "International Litigation & Arbitration." In Encyclopedia of Law and Economics, 1–11. New York, NY: Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4614-7883-6_70-1.
Full textFüeg, Rainer. "Hauptprozess Litigation & Arbitration Management." In Praxishandbuch Legal Operations Management, 717–27. Berlin, Heidelberg: Springer Berlin Heidelberg, 2017. http://dx.doi.org/10.1007/978-3-662-50506-9_50.
Full textConstable, Adam, Lucy Garrett, and Calum Lamont. "The TCC and arbitration." In Litigation in the Technology and Construction Court, 141–47. New York: Routledge, 2018. | Series: Construction practice series: Informa Law from Routledge, 2018. http://dx.doi.org/10.4324/9781315629421-11.
Full textFagetan, Ana Maria. "Litigation and Arbitration Regarding Hedge Funds." In The Regulation of Hedge Funds, 399–477. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-63706-4_7.
Full textGaunt, Ian. "Recent Chinese Experience in London Maritime Arbitration and Litigation." In Commercial and Maritime Law in China and Europe, 165–80. London: Informa Law from Routledge, 2022. http://dx.doi.org/10.4324/9781003160298-14.
Full textPetersen, Clement Salung. "The Public Policy-Implementing Role of Nordic Courts in Civil Dispute Resolution." In Ius Gentium: Comparative Perspectives on Law and Justice, 213–33. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74851-7_12.
Full textMark, Brealey, and George Kyla. "21 Arbitration." In Competition Litigation. Oxford University Press, 2019. http://dx.doi.org/10.1093/law-ocl/9780199665075.003.0021.
Full textLeslie, Jonathan, and John Kingston. "Arbitration." In Practical Guide to Litigation, 211–24. Informa Law from Routledge, 2020. http://dx.doi.org/10.4324/9781003123033-31.
Full textConference papers on the topic "Litigation and arbitration"
Wiradisuria, Errawan R., Dwi Heri Susatya, and Andjar Bhawono. "Arbitration as an Alternative to Non-Litigation Settlement in Medical Cases." In International Conference on Law Reform (INCLAR 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.024.
Full textHapuarachchi, H. N. M., and K. Udayangani. "Suitability of alternative dispute resolution methods based on risk factors to the Sri Lankan construction industry." In Independence and interdependence of sustainable spaces. Faculty of Architecture Research Unit, 2022. http://dx.doi.org/10.31705/faru.2022.11.
Full textWorster, Shawn, and Andrew Brydges. "Making Lemonade From Lemons: Lessons Learned in Reducing the Economic and Environmental Impact and Negotiating the Post-2005 Service Agreements on Behalf of the 23 NESWC Communities." In 12th Annual North American Waste-to-Energy Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/nawtec12-2209.
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