Tesis sobre el tema "Arbitrage du commerce international"
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Talau, Jean-Marc. "L'arbitre du commerce international source de droit". Orléans, 1998. http://www.theses.fr/1998ORLE0003.
Arfaoui, Besma. "L'interprétation arbitrale du contrat de commerce international". Limoges, 2008. http://aurore.unilim.fr/theses/nxfile/default/a42a29d6-dce9-4616-9ff4-3f7c8c2ed8a0/blobholder:0/2008LIMO1004.pdf.
Interpreting the contract, the arbitror of internationl commerce built up a number of general principles that consolidate the building of standards specific to the needs of the traders'international community. The general principles of Lex Mercatorea make of the arbitror an objective law source. In addition to this constituent resulted by the interpretative approach of the arbitrator, there is the second aspect which the arbitration interpretation of the international commerce contract comes out with. This aspect highlights the role of arbitrator as a source of subjective laws, a role related to the determinationof prerogatives and obligations respective to the parties. This determination leads to a debate relative to the range of powers of the arbitror with regard to the contract. The creative dimension related to the interpretative approach of the arbitrator becomes more pronounced with the restricted control of state jusrisdictions. This control controls the distortion committed by the arbitrator and the revision in the sentence of the proscription not to get over
Tleiji, Fatima. "Le cadre juridique du cyber arbitrage dans le commerce international". Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D047.
This 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
Taoufiki, Rachid. "Les usages devant l'arbitre du commerce international en droit comparé". Perpignan, 2004. http://www.theses.fr/2004PERP0636.
In principle, jurisdiction is reserved to the State's courts. Nevertheless, the contracting parties are able, if they some express will, grant this competence to arbitration justice. The arbitrator will have therefore for mission to settle the disagreement, but to the difference of the State's judge, it does not return the justice in the name of a State, nor in the framework of a national lawful system. Therefore, when he decides on the question of the applicable right, the arbitrator enjoys a wide liberty. Thus, it can attribute competence to the State's rules or to the usages of the international commerce. The question that puts itself is to know if this liberty of which enjoys the arbitrator remains limited by the reference of the parties to the applicable right, or if she exercises herself even in case of designation absence by the parties of the applicable right
Zajdela, Basile. "L'autorité de la chose jugée devant l'arbitre du commerce international". Electronic Thesis or Diss., Paris 1, 2015. https://buadistant.univ-angers.fr/login?url=https://www.stradalex.eu/fr/se_mono/toc/AUCHOJU.
The force of res judicata is consubstantial with the very idea of justice / is an integral part of the idea of justice. If arbitration is private and contractual justice – but “justice nonetheless” – it logically needs to deal with the force of res judicata. Firstly, the decisions issued by arbitrators need to benefit from this force; secondly; arbitral tribunals need to respect the force of previous judicial decisions. Our study focusses on the latter aspect. From the point of view of the international commercial arbitrator, the question of the res judicata effect of arbitral or court decisions poses interesting questions and presents challenges, primarily with regards to the autonomous position of the arbitrator entrusted with an ad hoc judicial task in accordance with the intention of the parties, the arbitrator is not a priori bound to considerations regarding the coherence of a specific legal order, social peace or the sound administration of justice… In other words, the jurisdictional character of the arbitrators’ mission alone does not necessarily force them to take into account the force of res judicata. All things considered, it appears that it is the intention of the parties in the arbitration process which leads the arbitrator to acknowledge the normativity of the decisions, and to attribute them a certain force. To this end, the arbitrator will be required to check their conformity before reflecting upon the scope of their force. The subjective basis for the arbitrator’s obligation to respect the force of res judicata and the absence of state control nevertheless invite to consider the arbitrator’s significant amount of leeway in choosing which rules and principles to apply. However, we will show that, provided that a distinction is made between the different forms taken by the force of res judicata, the treatment of the force of res judicata by international arbitrators, if not exactly homogeneous, is far from being as chaotic as one might think, indeed, it appears that reasonable practices can even be observed
Zajdela, Basile. "L'autorité de la chose jugée devant l'arbitre du commerce international". Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010276.
The force of res judicata is consubstantial with the very idea of justice / is an integral part of the idea of justice. If arbitration is private and contractual justice – but “justice nonetheless” – it logically needs to deal with the force of res judicata. Firstly, the decisions issued by arbitrators need to benefit from this force; secondly; arbitral tribunals need to respect the force of previous judicial decisions. Our study focusses on the latter aspect. From the point of view of the international commercial arbitrator, the question of the res judicata effect of arbitral or court decisions poses interesting questions and presents challenges, primarily with regards to the autonomous position of the arbitrator entrusted with an ad hoc judicial task in accordance with the intention of the parties, the arbitrator is not a priori bound to considerations regarding the coherence of a specific legal order, social peace or the sound administration of justice… In other words, the jurisdictional character of the arbitrators’ mission alone does not necessarily force them to take into account the force of res judicata. All things considered, it appears that it is the intention of the parties in the arbitration process which leads the arbitrator to acknowledge the normativity of the decisions, and to attribute them a certain force. To this end, the arbitrator will be required to check their conformity before reflecting upon the scope of their force. The subjective basis for the arbitrator’s obligation to respect the force of res judicata and the absence of state control nevertheless invite to consider the arbitrator’s significant amount of leeway in choosing which rules and principles to apply. However, we will show that, provided that a distinction is made between the different forms taken by the force of res judicata, the treatment of the force of res judicata by international arbitrators, if not exactly homogeneous, is far from being as chaotic as one might think, indeed, it appears that reasonable practices can even be observed
Train, François-Xavier. "Les contrats liés devant l'arbitre du commerce international : étude de jurisprudence arbitrale /". Paris : LGDJ, 2003. http://catalogue.bnf.fr/ark:/12148/cb39023977t.
Train, François-Xavier. "Les contrats liés devant l'arbitre du commerce international : étude de jurisprudence arbitrale". Paris 10, 2001. http://www.theses.fr/2001PA100103.
The international arbitrator is frequently asked to adjudicate disputes concerning groups of contracts, that is, disputes concerning various interrelated (or interlinked) contracts between two or more than two parties. A contract is related or connected to another contract where the former participates in the achievement or transformation of the latter - called the basic contract. This functional definition of the related contract is made without prejudice of its legal status, which may be either unified or separate, depending on the nature of the links that tic it to the basic contract, in other words, depending on the structure of the contractual group of which it forms a part. Globally, since the interrelated contracts are entered into between more than two parties, the contractual scheme so created is a separate one because of the res inter alios acta effect of the arbitration clause that empowers the arbitrator. In the matter of interrelated contracts submitted to arbitration, the principle is the harmony between the procedural status and the substantial status. Thus, the unified group of contracts is unified on jurisdiction (procedural status) as well as it is unified on applicable law and substance (substantial status) ; symmetrically, the separate group of contracts is separate on jurisdiction as well as it is separate on applicable law and substance. Accordingly, depending on the type of the group at stake - unified or separate - the arbitration clause, the law and the sanction on the merits which apply to the basic contract are or are not extended to the related contracts. But this harmony of the procedural and substantial status of the group of contracts is applicable unless otherwise agreed between the parties. Absent harmony, the parties create a pathological group of contracts because this group does not have the same status on substance and on jurisdiction : unified on their substance, the contracts are separate on the procedure, or conversely. Such an intentional breaking off of the harmony between the procedural status and the substantial status of the contractual group gives rise to inconsistency between two contractual provisions - the procedural status on one hand, the substantial status on the other hand - contained within one agreement - the group of contracts as a whole. In order to resolve this inconsistency, the arbitrator shall take into consideration the matter in dispute, the limits of its jurisdiction as well as its powers upon the contracts which do not fall within the limits of its jurisdiction. Accordingly, pursuant to the effective interpretation principle, the arbitrator shall implement simultaneously the contradictory status whenever possible. However, since the procedural status and the substantial status cannot be implemented simultaneously, that is, if they cannot be reconciled, the arbitrator shall make one of them prevail over the other one by setting aside an express provision agreed by the parties. Consequently, the group of contracts is brought back to the harmony of its procedural and substantial status, and then to a harmonious seulement of the dispute arising out therefrom
Yang, Caixia. "La validité de la convention d'arbitrage dans le commerce international : étude comparative". Paris 2, 2008. http://www.theses.fr/2008PA020021.
Hotte, Simon. "La rupture du contrat international". Lille 2, 2004. http://www.theses.fr/2004LIL20023.
Termination of international contract and state contract may be govemed, within international commercial arbitration, by transnational rules of law. Defined as the ending of a contract unilaterally decided by a party, termination comes either from the punishment of a breach of contract (a measure of private justice) or from the use of a right to end a contract. Unilateralism implied by the termination calls for limitations aimed at preventing arbitrary without discouraging the development of business. First, many remedies are set down to cope with the breach of contract, confining termination as an ultimum remedium ; the right to end the contract is restricted by the obligation not to impairing the other party's rights. Second, transnational rules lay down the consequences of termination : the ending of contract vary according to the notice of a breach or not and every possible harm shall be compensated
Court, de Fontmichel Alexandre. "L'arbitre, le juge et les pratiques illicites du commerce international /". Paris : Éd. Panthéon Assas : diff. LGDJ, 2004. http://catalogue.bnf.fr/ark:/12148/cb391841538.
Shahla, Mehdi. "La jurisprudence de la Cour arbitrale de la Chambre de commerce international et les règles de procédure : 1975-1984". Toulouse 1, 1986. http://www.theses.fr/1986TOU10044.
The awards in the contentious business of international trade, particularly those of the arbitrors of the international chamber of commerce form a jurisprudential law of arbitratment the rules of which cover the whole field of international trade. The thesis analyses the major jurisprudential principles drawn up by the arbitrors of the international chamber of commerce in matters of procedure by arbitration mainly concerning : - the law applicable according to the kind of arbitration - the rules of procedure - the arbitration considered from the point of view of the arbitral practice of the international chamber of commerce
Mousa, Mohamed. "Le rôle des règles matérielles dans le règlement des litiges relatifs aux contrats du commerce international". Nantes, 1999. http://www.theses.fr/1999NANT4020.
Taghipour, Bahram. "La responsabilité de l'arbitre (du juge privé) dans le droit du commerce international (droit français et droit comparé)". Dijon, 2013. http://www.theses.fr/2013DIJOD012.
Arbitration is a private justice for the settlement of disputes in the international trade. Arbitrator is a private judge. He accepts a judicial function by a contract. The arbitrator's contract is concluded between arbitrators and the parties of dispute. All (the) legal systems (common Law and civil Law) have been recognized this contract and the arbitrator's judicial function. But, the common law and civil law start from the opposite directions to determine the standard liability of arbitrators. In the common law world, an arbitrator (like judge) benefits a judicial immunity from civil liability. He is not liable for anything he does or omittes in the discharge or purported discharge of that function unless the act or omission is shown to have been in bad faith or his resigning without authorization. But, in the civil law systems, like the French law, when arbitrators fail to obligations born of contract concluded wih parties of the dispute, the arbitrators have civil responsability like each contractor. But, when arbitrators fail to duties caused by judicial function, they have (like judge) a judicial immunity from civil liability unless they commit major fault, intentional fault or fraud
Kamal-Abdelaziz, Sameh. "D'un nouvel ordre économique international à l'autre : aspects de droit international économique". Dijon, 1995. http://www.theses.fr/1995DIJOD002.
The 1970s episodically witnessed comparatively radical demands from most third world countries for the institution of a new economic order based on three fundamental principles: permanent sovereignty over natural resources, the economic rights and obligations of states, and the recognition of the right to a compensatory inequality. This position led to confrontation with transnational corporations and disagreement about the commonest form of contractual arrangement, viz. State contracts. By contrast the 1980s were marked by changes running counter to the radical claims of the previous decade. A general trend towards greater freedom in international trade incited developing countries to reappraise their ideologically-based position. Moderation in their relations with transnational corporations has made genuine cooperation a feasible proposition. These changes and this more moderate attitude are reflected in the more widespread acceptance and use of arbitration as the standard means for settling international trade disputes and as the means of regulating international business. Key words : arbitration, state contracts, corruption, debt, investments, privatization, new economic order, transnational corporations, codes of conduct, permanent sovereignty over natural resources, third world, GATT, WTO
Racine, Jean-Baptiste. "L'arbitrage commercial international et l'ordre public". Nice, 1997. http://www.theses.fr/1997NICE0001.
International arbitration has become independant from the states. Public policy still is a limit to the autonomy of arbitration. The power of the arbitrator to implement public policy rules has been admitted in case-law. Only specific issues such as family law and criminal law remain out of the arbitrator's jurisdiction. The question of public policy has drawn from the arbitration agreement to the merits of the case. The arbitrator is thereof bound to respect public policy. This aim is reached through the implementation of the mandatory laws relative to the dispute, whatever law has been chosen by the parties. The arbitrator can however refer to a transnational public policy. At last public policy appears when an award is controled by a state's court. The latter has to check the award by refering to the exact use of law and to the assesement of the facts
Mbow, Demba. "Le secret dans l'arbitrage international : approche critique". Thesis, Bourgogne Franche-Comté, 2020. http://www.theses.fr/2020UBFCB003.
Secrecy in international arbitration is a complex topic that seems to be difficult to understand because of the legal uncertainty surrounding it. First of all, it has always divided arbitral doctrine on its definition, its scope and its status as a general principle or not of international arbitration. Secondly, the institutional rules do not decide, either, the question of the secrecy of information related to arbitration in a univocal manner. Finally, many legislators have remained silent on the very existence of a general principle of secrecy in international arbitration. However, recourse to arbitration reflects the will of the parties to have a debate behind closed doors, an effective protection of their business secrets and the non-publication of the arbitral award (containing all confidential information). Nevertheless, the secrecy that is so deeply rooted in the minds of those involved in international trade is today called into question by the transparency that is necessary to protect the general interest. In the light of all these considerations, we will demonstrate that secrecy is a cardinal principle and a guarantee of the effectiveness of international commercial and investment arbitration. However, does it deserve to be described as a general principle of international arbitration law? The answer is certainly positive, even if it must have temperaments on the scope of which doctrine and jurisprudence are divided
Le, Roy Dominique. "La Force majeure dans le commerce international". Paris 1, 1991. http://www.theses.fr/1991PA010267.
The notion of "force majeure" figuresin all the juridic systems, but these differ as far to the characters which they attribute to it. The international trade agents confronted with this diversity, which is imperfectly resolved by the conflict of laws, had tried to found a solution with specific clauses or by recourse to arbitration in case of dispute. However, it is more by precising the manner to front the consequences of the difficulties created by the "force majeure" than by its definition that the protagonists had put in evidence an uniform procedure. The contractors do not wish to renounce to the contract execution : even when it is greatly compromised, whole is done to preserve a part of it. The solution has been made possible by the development of duties of each party. Two aspects have to be distinguished: mutual information and cooperation to minimize the consequence of the "force majeure"
Zarkalam, Satar. "La mission non juridictionnelle confiée aux tiers en vue de la résolution des difficultés contractuelles : étude du droit français et de la pratique du commerce international". Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30020.
The present research is devoted to the study of alternative methods of settlement of difficulties arising during the conclusion and the execution of civil and commercial contracts, both domestic and international. These methods can intervene either when there is no dispute in the legal meaning of the term, or when such a dispute exists. In the first case, a third party can intervene either in the quality of mandator for the parties, or as a simple expert. In the second case, the mission entrusted to the third party consists either in the proposing a compromise, or in imposing an interim solution during the pre-arbitral phase
Najjar, Nathalie. "L'arbitrage dans les pays arabes face aux exigences du commerce international". Paris 2, 2003. http://www.theses.fr/2003PA020019.
El, houdaigui Nora. "Droit et pratique de l'arbitrage commercial international dans les pays du Maghreb". Thesis, Cergy-Pontoise, 2010. http://www.theses.fr/2010CERG0487.
The thesis is on the practice and the law of international commercial arbitration in the countries of the Maghreb.In the first time, it is put into perspective the laws of the arbitration of these countries in the light of the principles and rules to ensure the effectiveness of the arbitration. The analysis of such important concepts: "the arbitration", "the international", "trade" is a prerequisite.And then he is to analyze the behavior of judicial institutions and extra-judicial about the arbitration (national courts, chambers of commerce, agencies employers, local arbitration centers, law professionals, universities of these countries).In a second time, a critical analysis of the act is undertaking in enjoying all the failures. When the latter are serious enough they can then be regarded as the manifestation of a resistance to this mode of private settlement of disputes. We considered that there are two types of resistors: that which is reflected through the law and which is likely to harm to the arbitration and one which is called "quiet" because it is not against the arbitration but reflects a predilection for the other modes deprived of settlement of disputes is also this feature in the whole of the Arab countries).Finally a synthesis of the strengths and failures was provided in order to proceed to the designation of a place of arbitration in the Maghreb (place of a law particularly favorable to the effectiveness of the arbitration and institutional due to a regulation of arbitration procedure that includes the conciliation or mediation)
Moreau, Aurélie. "Le procès dans l'Organisation mondiale du commerce : étude de l'incidence des questions procédurales sur l'effectivité du droit". Versailles-St Quentin en Yvelines, 2007. http://www.theses.fr/2007VERS002S.
In an economic international organization, the efficiency of a dispute settlement system is generally associated to minimal formalism. Considering the multiplication of procedural issues that characterizes the current dispute settlement system of the WTO, the paradoxe is actually only apparent due to the concept of trial. The procedural practice points out the core role of the judge in the dispute settlement process. This evolution integrates the commercial system of the WTO within the sphere of judicial international law. It results in a global reinforcement of the procedural component of the dispute. Nevertheless, this reinforcement does not affect the margin of appreciation of the Member States of the WTO, which is preserved by the principle of mixity that underlines the system. The processual regulation of an exclusive and binding dispute settlement system, offers an original field of study about the incidence of procedure regarding the effectivity of law
Bramban, Bernard. "Le principe pacta sunt servanda en droit du commerce international. : Etude critique d'un principe de droit transnational". Phd thesis, Université Nice Sophia Antipolis, 2013. http://tel.archives-ouvertes.fr/tel-00956171.
Court, de Fontmichel Alexandre. "L'arbitre, le juge et les pratiques illicites du commerce international". Paris 2, 2002. http://www.theses.fr/2002PA020106.
Cecchi-Dimeglio, Paola. "Beyond traditional analysis of international franchise contracts : Interdisciplinary perspectives, from negotiation to dispute system design". Montpellier 1, 2008. http://www.theses.fr/2008MON10041.
Gonçalvès, Olabissi Oredola Christian. "Le négoce de grains : étude de droit du commerce international". Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0401.
Many studies were carried on international sale of goods, on transport of goods and even on maritime sales (i.e. commercial sales involving a maritime transport). However, few of them were based on the type of traffic. Yet, the kind of goods shipped necessarily impacts the analysis of the performance of the parties’ obligations, both with respect to the transport and the international sale of goods. The grain trading study highlights how this type of bulk food affects the chain of both contracts and transactions. Besides, the analysis of the various grain contracts enables on the one hand the understanding of the problems linked to the intervening third-parties (e.g. the role played by the intermediaries when the sales contract is concluded or the issue of the expertise when the goods are delivered). It gives on other hand the opportunity to assess the methods of dispute resolution, whether judicial or arbitral
Zaky, Ahad. "Conflits de lois dans les contrats de commerce électronique". Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA009.
The conclusion of contracts of electronic commerce by internet raises several legal issues regarding the determination of the applicable law, the competent jurisdiction and the consumer protection. Therefore, we can question the applicability of the traditional rules of international private law to this new way of conclusion of contract or otherwise postulate the adoption of new legal rules. Starting by this premise, the present work focuses on the influence of electronic commerce on the conclusion ofcontracts between professional and then between the professional and the consumer. In particular, this work explores respectively the location of the contract and the possibility to apply substantive rules (lex elecrtonica) in substitution of the conflict of law rules. Electronics arbitration, the applicability of this method of disputes settlement and the relevant legal issues have been addressed in this work
Lenchantin, de Gubernatis Sandrine. "Recherches sur l'ordre public transnational". Nice, 1996. http://www.theses.fr/1996NICE0019.
Nogueroles, Jean-Michel. "De la primauté des règles de droit transnationales dans la résolution au fond, par voie d'arbitrage, des litiges du commerce international : une étude comparée France-Suisse-Amérique du Nord". Paris 1, 1999. http://www.theses.fr/1999PA010251.
Approximatively thirty years ago, a new type of agreement started to develop in international relations. The specificity of these agreements relies on the fact that they are concluded between public authorities of different states. This study aims to construct a legal theory of such a conventional phenomenon from first a public international law point of vue, and secondly a domestic law point of vue. The rules applying to these contracts will thus be identified. The most distinctive feature of these rules consists in their origin involving both private international law and administrative law
Lesaffre, Hubert. "Le réglement des différends au sein de l'O. M. C. Et le droit de la responsabilité internationale". Paris 10, 2007. http://www.theses.fr/2007PA100039.
This paper deals with the treatment of the responsibility of the States members by the dispute settlement bodies of the WTO. It particularly emphasizes the opinion expressed by literature which present the system as being both specific and independent from the common law for international responsibility. However, a compared analysis of the basic elements of responsibility in WTO law and in international public law, including source, content, and implementation, shows that such a premise, if not erroneous, is to be put into perspective. The system is not so specific, and not so self-contained. On the contrary, it relies on the mechanisms of international responsibility, and while adapting them to its own goals: the respect of the rule of law, as a guarantee of the balance between concessions and advantages
Li, Xiao-Ying. "La transmission et l'extension de la clause compromissoire dans l'arbitrage international". Dijon, 1993. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/64986602-c207-4ce9-a0e0-b3970d237dde.
The first part of the thesis presents the different hypotheses of transfer and extension of arbitration clause: assignment of nights, assignment of contract, subrogation, extension within groups of companies, groups of contracts and groups pf states. The second part attempts to explain the legal basis of extension. We have noted pluvial foundations: the tacit intent of parties and the group theory (unite economique du groupe). The study of awards leads us to state the elaboration by the arbitrations of a substantive rule of extension in the area of groups of companies, based on the group theory. This is a rule of lex mercatoria to which the arbitrators have referenced. With respect to groups of contracts and groups of states, we cannot yet establish existence of rules of extension. The theory of "validity" and effectivenes" of the international arbitration clause cannot be considered as a general rule of transfer and extension
Dalmasso, Joseph. "La réparation du dommage moral dans l'arbitrage international". Electronic Thesis or Diss., Paris 2, 2021. http://www.theses.fr/2021PA020063.
Compensation for moral damage is a source of significant discrepancies. The high amounts of compensation granted in a few arbitral awards have generated many arguments on the subject of moral damage, which has long remained marginal in arbitration. In this context, some arbitral tribunals have chosen to apply special rules that depart from the solutions enshrined in international law. In view of these developments and the growing importance of fundamental rights in international business relationships, it has become necessary to carry out a comprehensive review of the issue. This study covers 368 arbitral awards related to non-pecuniary loss in investment arbitration, international commercial arbitration and sports arbitration. The subject is being put into perspective through comparative law and the history of compensation for this kind of damage. This study proceeds to an empirical analysis of the concept of non-pecuniary loss in arbitration. New questions relating to the jurisdiction and powers of arbitrators in relation to this kind of damage are considered. The relation in arbitration between the principle of full compensation and the right to compensation for moral damages, as well as the conditions required by case-law in arbitration, are assessed in order to identify the philosophy of reparation implemented by arbitrators. Finally, this study addresses the question of the remedies available (restitution, compensation, satisfaction) and, in particular, the quantum for non-pecuniary loss. It also establishes the importance of the right to compensation for non-pecuniary loss and calls for a more consistent approach in this subject-matter
Alwafi, Wafa. "La dématérialisation de l'arbitrage pour le règlement des différends du e-commerce international". Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10020.
Electronic exchanges and the digital environment are part of globalization and the globalization of the economy. They multiply the international dimension in disputes, while continuously generating new legal problems. Dematerialized modes of resolving conflicts appear as facts to face up to this new world, including dematerialized arbitration.It is a means of resolving disputes which are practicable in its technical aspect, but in its legal aspect, it raises many questions. The fact that dematerialized arbitration by its nature can not satisfy all the formal and substantive requirements of traditional arbitration and also the fact that the electronic arbitral procedure presents the different difficulties of traditional arbitration. Events. In order to find solutions, the legal texts governing traditional arbitrary procedures are confronted with those governing dematerialized arbitration proceedings. The particularities and the specificities of dematerialized arbitration, which is the alternative mode of settlement of disputes in international trade in general and electronic in particular, emerge
Bouleghlimat, Widad. "L'arbitrage commercial international dans les pays arabes et les principes Unidroit relatifs aux contrats du commerce international". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020013.
International commercial arbitration is the Alternative Dispute Resolution (ADR) the most used in the world. Which contributes in particular to make the main actor of the diffusion of a-national rules as the general principles of law, usages of international trade, or the lex mercatoria, often chosen by the arbitrators as the law applicable to the substantive of the dispute. This choice was extended to the new rules developed by private international institutions such as the UNIDROIT Principles of International Commercial Contracts. A doctrinal codification conceived as a soft law instrument, which is increasingly applied in arbitration practice. Our study shows, however, that few awards rendered in cases in which one of the parties is Arabic made a reference to UNIDROIT Principles. The explanation is not to look for in an incompatibility between them and contract law in Arab countries but in the ignorance of this doctrinal codification by Arab jurists and lawyers. Added to this, a feeling of distrust a manifestation of soft law. It is therefore necessary to consider the ways in which the UNIDROIT Principles to find their place in the law and practice of the Arab countries
Abi, Saad Nehmetallah. "L'obligation d'impartialité de l'arbitre : un principe unitaire dégagé par le commerce international". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020029.
Arbitration is a private and alternative dispute resolution method (ADR) which that has continually been gaining in terms of importance in the global business environment. The main advantage of such a mechanism is the flexibility and the privilege of the parties to choose their own arbitrator. However, the freedom of choice of arbitrators implies the adherence to a few principles, related mainly to the duties of independence and impartiality of the arbitrator, which are imposed, by the administering body in charge of overseeing the arbitral procedure. Therefore, it is important to examine the impartiality of the arbitrator in order to understand its significance.For the sake of their reputation on one hand, and to ensure that the arbitral process is properly operating on the other, the arbitral institutions put in place preventive measures to secure a fair treatment for the international trade community in accordance with their expectations. The characteristics of the duty of impartiality and the means adopted by arbitral institutions to secure the arbitral process will be the subject of this study. Furthermore, despite the questions raised related to the effectiveness of these means, the liability of arbitrators in the absence of impartiality and the criminal sanctions resulting from the arbitrator's behavior should also be analyzed. However, the liability of the arbitrator shall only be assessed while taking into account the duality of his function on both the jurisdictional and contractual levels
Frutos-Peterson, Claudia. "L'émergence d'un droit effectif de l'arbitrage commercial international en Amérique latine ?" Paris 1, 1998. http://www.theses.fr/1998PA010285.
The increasing latin American participation in international commercial exchanges has brought about a notable change in its approach to international commercial arbitration. In keeping with the ongoing trend toward economic globalisation, the countries of Latin America have found it in their interest to promote a favorable framework for international commercial arbitration, even if it means breaking with their traditionally strong reticence toward this means of dispute resolution. As a result we are now witnessing a true recognition by Latin America of the law of international commercial arbitration. However, this conversion cannot be fully accomplished unless accompanied by actual acceptance of international commercial arbitration in the internal laws of the countries of the region. Unfortunately, it must be recognized that numerous obstacles, not only in Latin American law but also in Latin American culture, undermine the complete acceptance of international commercial arbitration by the countries of latin America. A certain number of improvements are necessary in order for international commercial arbitration to become in Latin America the preferred means for resolution of disputes that it has already become on the international scene
Ngambi, Joseph. "La preuve dans le règlement des différends de l'Organisation Mondiale du Commerce". Paris 1, 2007. http://www.theses.fr/2007PA010288.
Court, de Fontmichel Alexandre. "L' arbitre, le juge et les pratiques illicites du commerce international /". Paris : Ed. Panthéon Assas, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/476913977.pdf.
Dubé, Pierre-Luc. "Le règlement des différends à l'Organisation mondiale du commerce selon la théorie des perspectives : une étude empirique". Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28103.
The World Trade Organization's dispute settlement mechanism is the best forum for resolving a trade dispute between two WTO members. However, it is possible to note that not all trade disputes seized by the WTO end at the same stage, some settling before the establishment of a panel while others can require a judgment of the Appellate Body, or even more. The time required to resolve disputes also varies from litigation to litigation. This master’s degree thesis tries to demonstrate, using the prospect theory developed by Kahneman and Tversky, that the perception of a complainant state, in relation to the establishment or withdrawal of a measure applied by another State, may influence the stage at which the dispute is resolved or the length of time that is required for its resolution. Using two distinct econometric models, we found out that the complainant State’s perception does not influence the stage at which it will be resolved, but it has an impact on the length required to resolve a dispute involving it. A complainant State perceiving itself to be losing in relation to the introduction of a measure of another State tends, in fact, to reduce the time required for settlement, wanting to see the measure withdrawn as soon as possible. Another finding emerging from these models is that disputes concerning two developed countries will tend to take more time to be settled.
Canal-Forgues, Éric. "L'institution de la conciliation dans le cadre du G. A. T. T. : contribution à l'étude de la structuration d'un mécanisme de règlement des différends". Paris 1, 1990. http://www.theses.fr/1990PA010260.
This study has for purpose to consider dispute settlement in G. A. T. T. And to demonstrate the specific characters of "conciliation" in international organization at the contact of international economic trends. This thesis is in the same tile a justification of the idea of the presence of law in economics. Last, the objective is to discover the elements of a real juridical system in the multilateral commercial order
Yougoné, Franck. "Arbitrage commercial international et développement : étude du cas des États de l’OHADA et du Mercosur". Electronic Thesis or Diss., Bordeaux 4, 2013. https://eu02.alma.exlibrisgroup.com/view/uresolver/33PUDB_IEP/openurl?u.ignore_date_coverage=true&portfolio_pid=5364165590004675&Force_direct=true.
OHADA and Mercosur are two regional organizations that were created to enhance the integration and promote judicial and legal certainty for international traders. In other words, their goal is to help the economic development of member countries. From the operation of these two organizations, arbitration was favored as a means of resolving disputes in international trade. From there, it became possible to establish a link between the concept and the development of international commercial arbitration. Almost twenty years after the creation of OHADA and Mercosur, this study aims to assess the relationship between arbitration and development. This assessment is based on the observation of the influence of arbitration on the integration process and the contribution of this technique towards the improvement of judicial and legal certainty in international affairs
Butault, Julia. "Le règlement par l'OMC des différends liés à la sécurité sanitaire dans le commerce international des aliments". Nantes, 2008. http://www.theses.fr/2008NANT4002.
The WTO judge has the right to examine the food politics of its member states. The question is posed, in particular, on the manner in which he evaluates justifications for sanitary measures, by weighing different types of data at the heart of disputes: scientific or political, commercial or non-commercial. To this end he disposes of a large arsenal of instruments and a wide margin for manoeuvre given the imprecision of the negotiated texts. Firstly, the orientation of general procedural law works strongly in favour of the plaintiff. Secondly the application of SPS Agreement is the object of a strict and monolithic reading in favour of free trade. When its terms remain relatively open, the judge chooses to proceed with a rigid examination, taking into account only the scientific justification of measures without any consideration of the context, even to the extent of obliterating the right of Members to fix the level of their sanitary protection. Moreover, in his role as the lynchpin of the system, the judge presents himself as working towards the interaction between the WTO and its environment. On the one hand, the Organization integrates the international food standardization of the Codex alimentarius. Thanks to the express dispositions of the SPS Agreement, the Codex provides the judge with a reference norm by which to appreciate the measures of Members. Directly applicable by private operators it enlarges the WTO's immediate sphere of influence. On the other hand, through the intermediary of the amicus curiae, the judge also reflects the existing vague impulses to open the system to other logic. Thus, it is worthy to clarify the conditions of admissibility of amici curiae in order to make them the vector of integration of non-commercial law in applicable law
Yougoné, Franck. "Arbitrage commercial international et développement : étude du cas des États de l’OHADA et du Mercosur". Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40028/document.
OHADA and Mercosur are two regional organizations that were created to enhance the integration and promote judicial and legal certainty for international traders. In other words, their goal is to help the economic development of member countries. From the operation of these two organizations, arbitration was favored as a means of resolving disputes in international trade. From there, it became possible to establish a link between the concept and the development of international commercial arbitration. Almost twenty years after the creation of OHADA and Mercosur, this study aims to assess the relationship between arbitration and development. This assessment is based on the observation of the influence of arbitration on the integration process and the contribution of this technique towards the improvement of judicial and legal certainty in international affairs
Ferry, Claude. "La validité des contrats en droit international privé : France - U.S.A". Montpellier 1, 1988. http://www.theses.fr/1988MON10018.
About thirty years ago, a so-called crisis of the conflict of laws appeared. This concept expresses, on one hand, the apparition of "rattaching rules of material character" and of material rules of international private law, on the other hand, the development of a new method of conflict, called "functionnalism" by the american scholars, which is revealed in France by the multiplication of "lois de police" and by the taking into account of foreign "lois de police" in a way not related to the rattaching rules. The hereby thesis is aimed at studying, from a comparative and historical point of view, the phenomenon of the crisis of the conflict of laws in the litigation relating to problems of law applicable raising in contracts validity issues. The comparison of french law with american international private law shows that, although prima facie very different, the two systems of laws provide for similar solutions
Couet, Marc-Antoine. "Les contre-mesures à l'OMC : évaluation de la compatibilité du système de représailles économiques avec la réalité contemporaine du commerce international". Master's thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/36682.
With respect to the settlement of trade disputes, the establishment of the World Trade Organization (WTO) is marked by the establishment of a dispute settlement system that is more focused on the rule of law. Such legalization of the dispute settlement mechanism has, however, not led to any changes in the paradigm of the mechanism for implementing the recommendations and rulings of the Dispute Settlement Body (DSB). Indeed, the WTO has so far maintained in substance the GATT 1947 principle; when the complaining party identifies the failure of the respondent to comply with the DSB's recommendations and rulings within the reasonable period of time allowed for implementation and the former cannot come to a solution mutually acceptable with the latter on the granting of compensation, the complainant’s sole remedy becomes the use of countermeasures. However, during the same period, international trade underwent a radical metamorphosis: the phenomenon of international fragmentation of the production processes of goods and services has expanded dramatically. This master’s thesis proposes an analysis of the institution of countermeasures at the WTO in the light of these changes that have recently affected the world economy as well as recent developments in the field of economics. Building on an approach that engages both legal science and economics, the thesis demonstrates that the countermeasures system is not adapted to the reality of international trade in the 21st century. In light of these findings, the study critically explores the various suggestions for changing the implementation stage of trade disputes and suggests an institutional reform that may take place within the current legal framework. Key words: Dispute Settlement – Multinational Enterprises – International Trade – Global Value Chains – Economic Integration
Combot-Madec, Fabienne. "La Communauté européenne face aux défis de la protection de l'environnement et de la santé publique dans le cadre de l'OMC". Rennes 1, 2005. http://www.theses.fr/2005REN1G009.
The sustainable development, objective of the EC and the WTO, calls for the conciliation of trading interests and environmental and heath concerns. Such an articulation represents however a significant challenge, in face of what the EC try to play a part. Developing a strategy of influence in the WTO, the EC wishes to protect the choice she has made in favour of a high level of environmental and public health protection. The European approach is declined into two angles. The EC uses the dispute settlement as a vehicle for an evolutionary interpretation of the WTO agreements, taking into account the right of the Members of the organization to adopt environmental and heath measures. In a complementary way, the EC intervenes actively in trading negotiations, in order to impose its sustainable conception of trade liberalization. The community strategy exceeds the single defense of short term interests. The EC actually suggests a new societal model, based on the sustainable development. Her ambition is nevertheless braked by some of her trading partners, in particular the developing countries
Manga, Fada Jules. "Le CIRDI, Centre international pour le réglement des différends relatifs aux investissements : droit international et développement". Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32000.
The subject of the thesis is about the icsid (international center for settlement of international disputes). Its juridical problematic is investment promotion to foreign countries. There is from it two groups of contracting countries. Firstly are developed and industrial countries or the origin countries, secondly the developing countries or host countries. In its first part is studied the theorical aspect of arbitration. The 25, 41 and 42 articles of its convention arbitration and others of its arbitration rules have been commented with a critical spirit for keeping its obligation arbitration and its voluntory arbitration. The 42 article of bird arbitration convention is about the law application to the dispute. Its amendment leads the application of the national law of the state contracting to the dispute if not the international development law is applied. Recognition and enforcement of icsid award collide with the immunity of the contracting and sentenced state to the dispute. Icsid arbitration is classical. It is not conformity with international development arbitration law. The miga (multilateral investment guarantee agency) is studied in the second part of the thesis. States organisms of insurance and quarantee of investment must refer to its rules and to the development cooperation
Alawad, Hussain. "Le réglement des différends à l'Organisation mondiale du commerce et les pays arabo-musulmans". Thesis, Université Côte d'Azur, 2020. http://www.theses.fr/2020COAZ0017.
The study of the position of Arab countries within the WTO dispute settlement system requires, first of all, to understand the position of Arab countries within this organization, the nature of their membership and the difficulties encountered in this context. It is also necessary to understand the engagement of Arab countries with the Dispute Settlement Body and the reasons for their low participation in the dispute settlement system.Secondly, we will try to propose measures to be taken to improve the involvement of Arab countries in the WTO and in its dispute settlement system. These measures are twofold: the first concerns proposals for reforming the Understanding on WTO Dispute Settlement Rules and Procedures; the second proposes courses of action to be taken and strategies to be followed by the Arab countries in order to strengthen their position within the WTO. These proposals involve, among other things, reforms of legal and financial structures, strengthening of cooperation between Arab countries, increasing their combined use of the SRD
Charqi, Mimoun. "Les societes transnationales en droit international contemporain. Contradictions, normes, theories et realites". Reims, 1986. http://www.theses.fr/1986REIMD003.
Bouiri, Bouchra. "L'arbitrage électronique : "la mise en place d'un environnement favorable"". Thesis, Université Côte d'Azur (ComUE), 2016. http://www.theses.fr/2016AZUR0035.
We are moving quickly to a new environment characterized by global dematerialization and celerity. These features are not without effect. The world around us is changing with the advent of technology and the integration of electronic tools in all our activities. The Internet is becoming an indispensable tool to use and integrate in our business, including commercial activities. International trade gives more room to the electronic commerce. The development of the universal phenomenon of the Internet and the emergence of electronic commerce naturally provoke conflicts even to international extend. Faced with the impossibility of using state justice, the use of paperless settlement was necessary, which promotes the logical development of ODR including Electronic Arbitration. Nevertheless, the use of this resolution mode sometimes raises not only technical issues, but many legal ones as well. This is precisely due to the nature of the legal environment. Overcoming these issues through the establishment of an environment fitting the development of Electronic Arbitration is necessary. For sure, if Electronic Arbitration uses technical and legal environment, and though the process may appear complex at first sight, all legal and technical issues dealt with in this thesis are, however, overcome