Tesis sobre el tema "Arbitrage internationale"
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Assaf, Rayanne. "L' unification du régime juridique des conventions d'arbitrage interne et international". Paris 2, 2008. http://www.theses.fr/2008PA020072.
Texto completoPazartzis, Photini. "Les engagements internationaux en matière de règlement pacifique des différends entre Etats". Paris 2, 1991. http://www.theses.fr/1991PA020051.
Texto completoThe study of obligations contracted in the field of dispute settlement and of their application in practice, offers a basis for evaluating the role and prospects of the various dispute settlement methods in interstate relations
Guichard, Pamela. "Arbitrage commercial international et intérêts étatiques. Avantages de la convention d'arbitrage internationale mixte". Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3001.
Texto completoThe international commercial arbitration in which one party is a State party is as current as criticized. The State courts may have to give up exercising their discretion of the legal validity and the efficacy of the international commercial arbitration agreement, even if the latter does not conform to their national law. It is easy to understand the problem of legitimacy posed by this agreement opposite to the State party. The question of State interest in international commercial arbitration represents not only important legal issues but also economic issues for the State. The first part is dedicated to the study of the legal instruments favoring, in the interest of the State, the extension of the validity of the arbitration agreement towards the State; whereas the second part deals with the delicate questions raised during disputes which call into question the validity or the efficacy of the arbitration agreement, due to the allegations made by the public entity based on violations of certain national legal provisions or changes in economic or political circumstances. For a few decades, the jurisprudence and the French doctrine advocate that the arbitration agreement in an international contract has its own efficacy and validity. Our legal research has revealed the body of rules and principles basing the legal framework of the arbitration agreement detached of some link with authorities and with the national law. At the same time, we demonstrate the repeating ineffectiveness of the remedies sought on the ground of the conflicts of procedural legislations or by recourse to State court. This theory is particularly underlined when a public entity is a party to an international commercial arbitration. We critically analyze for the State interest, the exercise of diplomatic protection as a substitute remedy against the inefficiency or invalidity of the arbitration agreement. The exercise of diplomatic protection is highly subjective, because it depends simultaneously on the arbitrary judgment of the protective State with respect to its national and to the power of this State on the international scene. The economic operators are not on an equal footing while it is a question to rule the proper or improper performance of contractual obligations based on an international contract, because it is no longer a matter of an objective remedy through the right, but a matter of power between the States. This is all the more the case as the exercise of diplomatic protection has often leaded to inter-state conflicts. Our thesis defends the legitimacy, pertinence and advantages of the arbitration agreement through the kaleidoscope of many international legal sources and with regard to the prevalence of State interest. However paradoxical that might seem a priori, there is no paradox for the State to engage itself in a conventional manner to waive its discretionary power of domestic jurisdiction. On the contrary, the international economic relations are based on trust, morality and loyalty, and international commercial arbitration achieved that goal by providing an effective international judicial remedy for both parties
Seraglini, Christophe. "Lois de police et justice arbitrale internationale". Paris 1, 2000. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D70.
Texto completoGhoutchini-Gharavi, Hamid. "L'efficacité internationale de l'annulation d'une sentence arbitrale". Paris 2, 2000. http://www.theses.fr/2000PA020102.
Texto completoGiraudeau, Géraldine. "Le juge international et le règlement transactionnel des différends territoriaux". Paris 1, 2010. http://www.theses.fr/2010PA010315.
Texto completoTimsit-Dauba, Myriam. "Les modes de saisies de la Cour internationale de justice à travers la jurisprudence et la doctrine". Paris 1, 1994. http://www.theses.fr/1994PA010269.
Texto completoEscription of all the mechanisms which make possible the seisin of icj. If, at the beginning, as it had been specified, the clause of compulsory jurisdiction has proved quite successful, after that, we have encountered a diversification of the means of the seisin of the icj and a tendency towards the compromise's method which is much more similar to the arbitral system than to the permanent jurisdiction
Taghizadeh, Ansari Mostafa. "La procédure de règlement juridictionnel des différends internationaux [(à l'exclusion des organes régionaux)]". Montpellier 1, 1989. http://www.theses.fr/1989MON10042.
Texto completoGiorgini, Giulio Cesare. "Méthodes conflictuelles et règles materielles dans l'application des "nouveaux instruments" de réglement de la faillite internationale". Nice, 2004. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D98.
Texto completoAn international bankruptcy regime is an essential element of the construction of an efficient international market. Recently, new international instruments have given a concrete expression to the search for a solution, for a methodology of settlement of international insolvency : the (EC) Regulation Nʿ 1346 on insolvency proceedings, the OHADA Uniform Act organizing collective proceedings for wiping off debts, the UNCITRAL Model law on cross-border insolvency and the IBA Cross-border insolvency Concordat. These new instruments go beyond the duality between universality and territoriality as they rationalize international jurisdiction and applicable law and introduce a novel articulation between main and secondary proceedings. Moreover, they set substantive rules which convey a complex relation between legal uniformisation and pluralism and they may act in favour of a homogeneity of the substantive regime of international bankruptcy through normative system mechanics or through a competition and contagion effect
Ticchi, Jean-Marc. "Aux frontières de la paix : bons offices, médiations, arbitrages du Saint-Siège (1878-1922) /". Rome : Paris : École française de Rome ; diff. de Boccard, 2002. http://catalogue.bnf.fr/ark:/12148/cb38888863j.
Texto completoGiorgini, Giulo Cesare. "Méthodes conflictuelles et règles matérielles dans l'application des "nouveaux instruments" de règlement de la faillite internationale /". Paris : Dalloz, 2006. http://catalogue.bnf.fr/ark:/12148/cb40155126v.
Texto completoBollée, Sylvain. "Les méthodes du droit international privé à l'épreuve des sentences arbitrales /". Paris : Economica, 2004. http://www.gbv.de/dms/sbb-berlin/47691809X.pdf.
Texto completoLesaffre, 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.
Texto completoThis 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
Wehbe, Fatima Sara. "Composantes multidimentionnelles de l’arbitrage : de la considération locale à l’interculturalité internationale". Thesis, Le Havre, 2016. http://www.theses.fr/2016LEHA0024/document.
Texto completoGlobalization has established several arbitral institutions. They offer a multiple of choices to the investors that could induce the parties to choose an unfavorable institution.The aim of this thesis is to present a management model for jurist which facilitates the choice of the most efficient jurisdiction in resolving their dispute, with the implementation of a scoring table combining multidimensional criteria, giving a rating according to the degree of importance for the parties. In this regard, the table regroup four of the most well-known internationally jurisdiction, the State court, the ICC, the ICSID and the UNICITRAL. Arbitration is composed of several fundaments that give it its specificity. Multidimensional analysis thus would make an arithmetical analysis of the comparative values of the legal and extra-legal components of arbitration which form the scoring table to facilitate decision making of investors. To verify the effectiveness of the scoring table a questionnaire was sent to investors as well as an interview conducted with lawyers have identifies the impact of the experience on the choice of the most efficient arbitral center. The Case study of COMMISIMPEX is an example of the effect of inefficient choice on the resolution of the dispute and how the experience may affect the decision of the most effective arbitration institution to the resolution of the dispute. To conclude none of the jurisdiction is inherently better than the others. We must proceed case by case and according to what the parties are looking after their dispute, to deduce the court or institution that would be most favorable to them by guarantying more rights in the settlement of their dispute
Mailhé, Francois. "L'organisation de la concurrence internationale des juridictions : le droit de la compétence internationale face à la mondialisation économique". Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020063/document.
Texto completoFrench private international law doctrine classicaly defines judicial jurisdiction as the branch of law that deals with describing the hypothesis under which the State makes its courts available to claimants in international matters. This presentation, though, faces two contradicting evolutions in modern-day litigation of international business matters. First, it does give no account of the increasing internationalization of this branch of law, where numerous international conventions and European regulations now regulates judicial jurisdiction between judges of different countries as they would with venue between judges of the same State. Second, this presentation ignores the development of international courts and arbitral tribunals even though these tribunals compete with or replace national courts in international business disputes.The reason for this double exclusion may actually be found in an analytical bias inherited from a century-old description of private international law as a conflict of State regulations, a bias that neither modern theory nor law itself confirms in any way. More simply described according to the problem it resolves, judicial jurisdiction may be defined as the branch of law that deals with organizing the international competition of judges. Under this functional definition, it is possible to broaden its scope and to describe the organization of international justice for business matters, both public and private, both State and International. Also, then encompassing rules of procedure, it becomes possible to offer new solutions to take into account foreign jurisdiction for a better international cooperation
Diop, Papa Abdoulaye. "La protection internationale des investissements étrangers en Afrique de l'ouest : espace CEDEAO (Communauté Économique des États de l’Afrique de l’Ouest)". Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0019/document.
Texto completoThe international protection of foreign Investments within the Economic Community of West African States (ECOWAS) requires establishing the competence of the latter to ensure the security of the property of economic operators who are nationals of third States in its area. Thus, it has been shown that through its instruments for achieving regional integration, this community organization could be led to ensure the security of foreign investments. But, although ECOWAS’s willingness to assume such a function is great, the analysis shows that it has certain shortcomings which are intrinsically linked to the difference in nature between Community law and the Conventional law of investment. In this view, it was urgent to find other supplementary and even complementary instruments in the community protection of foreign investments within the community. These instruments have been localized in General International Law both through its substantive rules as in its procedural mechanics. However, while the protection afforded by ECOWAS law to the properties of foreign investors has been found to be ineffective, that of the international law, on the other hand, seems excessive to the point of being detrimental to host States, as long as it requires leveling. On examination, the observer might have the feeling that there is a tug of war between International law and Community law in securing the assets of foreign economic operators. This observer will then note that the law of the protection of foreigners enters a new era. Indeed, for a long time limited in the bilateral framework between the State of origin and the host States of the investment, the issue of securing foreign investments has acquired such acuity in the economic life of the State entities that it is tends to become a community affair. Finally, i twill be appreciated that, while the purpose of conventional investment law is the protection of foreigners, it may, in some respects, be a stimulus to good governance
Boussofara, Anissa. "Le principe d’interprétation autonome dans la Convention de Vienne sur les contrats de vente internationale de marchandises". Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0010/document.
Texto completoWhen analyzing the United Nations Convention on Contracts for the International Sale of Goods adopted the 11 April 1980 (CISG), a principle of autonomous interpretation appears. This principle is stated in other legal texts (as United Nations conventions and UNIDROIT Principles). The principle of autonomous interpretation belongs to the transnational law and leads to take into account the international character of the legal provisions to be interpreted and to promote the uniformity of their application as “expressed” in the article 7 of the CISG. General principles underlying the CISG are used for gap-fillings which is the second side of legal interpretation. Using national laws is the ultimate resort.The principle of autonomous interpretation in the application of the CISG will be studied. For this purpose, judicial decisions and arbitral awards will be examined. Dispositions from the Convention have been chosen for their interpretation to be examined. The principle of good faith is also examined in its relation with the CISG interpretation. It will be observed that French case-law doesn’t acknowledge the principle of autonomous interpretation. Arbitral awards show a more important tendency to apply the principle of autonomous interpretation but there is no uniformity. The arbitrators in international trade have multicultural traditions and do not depend on a forum. Therefore they are less likely to be “influenced” by national “references” and so much more capable to interpret autonomously international dispositions. Nevertheless the “express” affirmation of a principle of autonomous interpretation is missing from arbitral awards and judicial decisions. This thesis aims to enlarge the acknowledgement of the principle of autonomous interpretation by the interpreters of uniform law using the CISG as a model. The function of the principle of autonomous interpretation will be fundamental to the expansion and to the correct application of uniform law. This method of interpretation is respectful of the objective of uniform law
Badawy, Ingy. "L'arbitre international et les règles matérielles uniformes". Paris 1, 2001. http://www.theses.fr/2001PA010289.
Texto completoVu, Duy. "Essais en économie du litige : une application aux différends entre investisseurs et états". Thesis, Université Côte d'Azur (ComUE), 2019. http://theses.univ-cotedazur.fr/2019AZUR0030.
Texto completoInternational investment treaties often allow the foreign investor to sue the host country before international arbitration in case of breaches of treaty provisions. The number of investor-state disputes is growing so rapidly that some countries expressed their discomfort with the current international investment law regime. The first chapter gives readers a comprehensive view on the effectiveness and spillover effect of international investment arbitration. Based on a vast interdisciplinary literature, we reexamine recent criticisms and identify the root of the crisis faced by international arbitration. We conclude that it is possible for countries to adapt the current regime of international law to new situations without wholesale exit. The second chapter investigates the early settlement of investor-state disputes. Drawing on the rich economic literature and a new dataset related to treaty-based disputes, we find that the host state's experience, the case prospect, the nature of the regulatory measures, the identity of investors and Dutch investment treaties have significant impacts on the probability of early settlement. The third chapter focuses on an institutional dimension of arbitration: the effectiveness of ICSID in solving disputes. The time to resolution and the quality of the final judgment which is measured by the requirement of follow-on proceedings are used as performance indicators. We highlight how arbitrators' biographical and professional characteristics can impact the ICSID effectiveness
Edouard, Régis. "Les obligations internationales de l’Etat d’accueil d’un investissement étranger et leur sanction dans l’ordre juridique international". Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100153.
Texto completoFor the conduct of a foreign investment’s host State to be governed by international law is only conceivable insofar as its sovereignty is limited, since the issue is the sanction of the failure of that State to fulfill its obligations. The latter results from a mostly bilateral treaty practice embodying treaties which contain material provisions. The “internationalization” of the legal regime of an investment is not excluded as a means to create obligations, but only occurs through provisions with such an effect. The main characteristic to this fairly uniform treaty practice is the development of rules limiting the need for interpretation around a core set of standards amplifying it. This, as well as the arbitral interpretations, may reflect a desire to “consolidate” the international minimum standard. If the attribution of conduct to the host State does not raise any unprecedented issue, the establishment of a violation by that State of “what is required of it” reveals singularities in this field. The characterization of circumstances precluding wrongfulness in an emergency situation may prove problematic, as the risk that arbitrators may ignore the logic of the law of responsibility is omnipresent. Apart from these situations, it is possible to imagine hypotheses in which wrongfulness is precluded due to the consent of the State of origin or the investor. The injury sustained by the latter, which is the subject of full reparation due by the responsible State, constitutes “injury caused by the internationally wrongful act.” It is immediate and direct. The investor, entitled to invoke the responsibility of the host State, has access to an international claim which eclipses that of his State of nationality. The prospect of an espousal by the latter of its national’s claim increases the effectiveness of the investment treaties
Legendre, Clémentine. "La coordination du mouvement sportif international et des ordres juridiques étatiques et supra-étatiques". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D026.
Texto completoThe International Sports Movement works, in many ways, as a State. It issues standards designed to regulate world sport, monitors their implementation and settles disputes among its members. As State and Supra-State legal systems also intervene in sport matters, the issue of their coordination naturally arises. The current coordination, carried out by State legal system is unsatisfactory. When it asks for the International Sports Movement to meet its requirements, this claim is often ineffective. When it acknowledges the autonomy of such system by means of arbitration this autonomy is unlimited. The coordination carried out by Supra-State legal systems seems like a solution to these problems. Regional legal systems are indeed efficient in order to have The International Sports Movement meet their requirements. Contrary to States, they recognize the power the system has over its members. On this model, State legal system could improve its coordination with the Sport system in recognizing the legitimacy of the power exercised by the latter. States community and the International Sports Movement also cooperate on matters such as doping. This cooperation is satisfactory. It could be extended to other sectors as well as to the organisation of World sport. States could also delegate certain prerogatives to the sport system. Therefore, solutions exist in order to ensure a smooth coordination between States, Supra-state legal systems and the International Sports Movement
Bouhenic, Marcel-Gérard. "Le repli par les juridictions étatiques de leur jurisdictio". Thesis, université Paris-Saclay, 2021. http://www.theses.fr/2021UPASH004.
Texto completoAbstract : State courts voluntarily retract their jurisdictio to favour Alternative Dispute Resolution (ADR) - notably mediation and arbitration - and are thus tending towards becoming a subsidiary means of dispute resolution.The legal techniques, on which the withdrawal of the jurisdictio of the State courts in favour of ADR is based, have the particularity of being of praetorian origin and the result of reasoning based on an a priori systematically favourable to ADR, an a priori that is not only the reflection of an economic system but the result of multiple "ideal" influences (philosophical, religious, societal).The subsidiarity of State jurisdictions leads de facto to the subsidiarity of the law as a standard for dispute settlement. In parallel, the non-legal standards adopted by ADR acquire an authority based on the satisfaction of both the parties to whom they are applied and the State judges who consider that the withdrawal of their jurisdictio opens the passage from what is just in general to what is just in particular.Thus, gradually, private ADR institutions are acquiring political power by issuing standards that influence both the rules adopted by State courts and the defense strategies of the parties.Beyond their tendency to retract their jurisdictio by allowing ADR and non-legal standards to develop under their control with regard to conflicts between private individuals, State courts, at the beginning of the 21st century, are nevertheless redeploying their jurisdictio by adopting, where appropriate, a political role as standard-setters and substitute legislators where conflicts take the form of confrontations between Great Principles, particularly where legal rules prove unable to respond to changes in society
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.
Texto completoThis 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
Tomeba, Mabou Gynette. "La réparation devant les juridictions judiciaires internationales". Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA002/document.
Texto completoThe requirement to fully repair a damage is a well-established principle in different areas of international law. International judicial courts are particularly called upon to deal with this issue. The concept of remedy has evolved over time. This concept has reached a major turning point with the recognition of the status of the individual, beneficiary and debtor of the obligation to repair. Its terms are not the same depending on the international court in which it is contemplated and reparation is not only the modality pronounced as such, but it is also and especially the implementation of this modality. Monitoring the performance of reparation decisions is thus a key to the effectiveness of the latter. On this point, state support is even more essential that the international courts have an important limitation: the lack of binding force to enforce their decision. Moreover, the role of non-state entities should not be underestimated in the reparation process, especially that of civil society. It is interesting to see how the current practice of reparation before various international tribunals is articulated, considering all these factors. It should also be noted that despite a context of multiplication of international courts, it complex challenges remain in this area. The child soldier issue, both perpetrator and victim of violations of international law is particularly eloquent. With their remedies, international courts contribute to the respect of international legality
Samson, Benjamin. "Les clauses parapluies des traités de promotion et de protection des investissements". Electronic Thesis or Diss., Paris 10, 2021. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247226535.
Texto completoUmbrella clauses are provisions of investment promotion and protection treaties in which states parties undertake to respect commitments given to foreign investors. These clauses were invented with the aim of rebalancing the investor-state contractual relationship by removing the contract from the sole ambit of the state's domestic law. Although seemingly simple, they raise numerous questions as to their range of application, effects and scope and pose delicate problems of applicable law and articulation of remedies against the State. The central question raised is whether umbrella clauses internationalise the host state’s commitments under domestic law. For the majority of tribunals and authors, these clauses impose an international obligation to respect its commitments (primary rule) but do not internationalise them. While there is a near-consensus on this point, it has not settled the problems identified. In contrast to the prevailing position, the thesis demonstrates that umbrella clauses can be characterised as secondary rules recognising an internationally binding character to the State's commitments. This reinterpretation of umbrella clauses improves investment protection in a balanced way. It ensures the effectiveness of the protection offered by umbrella clauses to the rights of investors arising from the host state’s commitments while at the same time protecting the host State against multiple claims concerning the breach of the same undertaking
Narancio, Victoria y del Prado Fabio Núñez. "International Arbitration under debate". IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/122726.
Texto completo¿Es la elección de la sede del arbitraje todavía una decisión importante en el arbitraje internacional? ¿Deberían los laudos estar sometidos a un mayor escrutinio judicial? ¿Debería existir la apelación en el arbitraje internacional? ¿Es posible que en virtud de la Convención de Nueva York se reconozca un laudo anulado? ¿Debería enmendarse la Convención de Nueva York para lograr una CNY 2.0? ¿Es el arbitraje de inversiones un sistema que funciona? ¿Son las críticas al arbitraje de inversiones válidas? En la presente entrevista, Gary Born responde cada una de estas interrogantes tratando muchos temas polémicos de actualidad en el arbitraje internacional.
Peeroo, Jamsheed. "La protection de l'instance arbitrale par l'injonction anti-suit". Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D038.
Texto completoThe anti-suit injunction is the only means capable of preventing a party from being involved in proceedings commenced before a domestic court of its choice in bad faith and with the only objective of disrupting arbitration. It is most efficient in the form of an interim measure. In accordance with modern arbitration laws and rules, this jurisdictional tool may be obtained, in this form, from arbitration tribunals, which normally have sufficient imperium to order it, as well as to impose sanctions on any non-compliant party. Although it can be issued before the parties’ rights have been determined, the arbitrator must nevertheless make sure that its legal basis falls under his jurisdiction. Examples of such legal bases are the prima facie potential breaches of one of the obligations contained in the arbitration clause, such as to perform it in good faith, or of a confidentiality clause contained in the main contract. This restraining measure is also available to the French judge, since prohibitory injunctions are hardly unknown to French law. In the field of arbitration, it appears that its use may be permitted under the new Brussels 1 bis Regulation in spite of the West Tankers case and, especially, where it takes the form of an interim measure. When its issuance appears to be legitimate, it is primarily for the court of the seat of an arbitration to decide whether it should be ordered in support of the arbitration proceedings. However, for reasons of efficiency, if the court of another country happens to be in a better position to ensure compliance with the anti-suit injunction, it may also order it
Almahmoud, Hussam. "L'arbitrage commercial international et les opérations bancaires : étude à la lumière des droits syrien et égyptien". Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0123.
Texto completoThe practice of business reveals the success of arbitration as a means of resolving disputes. This form of justice, promoted by important international and regional conventions, is recognized and encouraged by many national legislations. The Syrian and Egyptian Arab Republics are not so left behind this way. They have adopted important and modern texts which aimed at ensuring the effectiveness of the arbitration process and creating a favorable environment for the development of this type of dispute settlement. Yet despite a favorable legislative context, banking operators in these republics are still reluctant to resort to this form of justice. Although this resume may be justified in the case of disputes arising from the implementation of so purely internal operations, it is surprising to observe it in the case of operations which are deployed in the international order. The object of the study is therefore to highlight the prospects offered by the new legal provisions. At first, the question of "access to arbitration" is explored. Going beyond this first problem, it was still necessary to examine the way in which these national provisions frame "arbitral justice" at the stage of the proceedings as well as at the level of appeals available against the award
Dreyfuss, Lionel. "Le risque arbitral : arbitrage et justice de l'Etat". Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA012.
Texto completoParties choosing arbitration are facing various risks. They are very different from the difficulties occurring within state justice. Identifying and assessing the level of those risks can be made possible by comparing those two forms of justice. Regarding the procedural guarantees, it appears that the parties are facing risks of a very weak importance. Arbitration is generally providing the same guarantees than state justice. Sometimes, they are even stronger : duty of disclosure, and reasonable time, for instance. However, the threats over the procedural efficiency are raising bigger problems : the arbitrator benefits from a liability regime far less favorable than the state judge. Moreover, arbitral tribunals' decisions do not constitute a case law. At last, arbitrators do not have any imperium merum powers. For instance, they cannot issue orders for the enforcement of their decision
Castres, Saint Martin Constance. "Les conflits d'intérêts en arbitrage commercial international". Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020029/document.
Texto completoConflict of Interests is a fascinated subject due to its pervasiveness in the economic life. This approximated expression, borrowed from the politicians and Anglo-American lawyers' jargon, has recently spread into the French business world and was taken up by the media to designate the interferences of private interest in the exercise of powers of private or public nature. In the current state of French Law, there is no specific rule governing conflicts of interests, neither in Private Law, nor in Public Law. Indeed, politicians and scholars paradoxically only focus on their prevention, whereas their sanctions fall within the scope of broader notions. The aim of this research is to lay down the definition, the operative value and the regime of conflict of interests. The scope of this research shall be, within Private Law, Commercial Arbitration Law, which is particularly exposed to the hegemony of Anglo-American laws
Irimia, Dorina. "L'arbitrage international dans les systèmes français et roumain : l'exequatur des sentences arbitrales internationales". Saint-Etienne, 2002. http://www.theses.fr/2002STETT063.
Texto completoMontel, Lucas. "La réparation du dommage dans l'arbitrage international (à partir de l'exemple de l'arbitrage international d'investissement)". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020048.
Texto completoIn international arbitration, as in most legal systems, compensation of damage is a key part of dispute resolution. It is a threefold process: the arbitral tribunal decides on compensable damage, then on the extent of compensation, and finally, evaluates damage. Investment arbitration, which settles disputes between states and foreign investors - private entities - is at the crossroads between national and international law, between contractual liability and international state liability, between commercial and public law, thus covering the wide scope of issues raised by compensation of damage. The awards given in this field are often made public, allowing for an analysis of the – thoroughly consistent – solutions brought forward by arbitral tribunals. This study shows how, throughout the process of compensation of damage, questions of fact and law as well as legal and economic issues are raised. The legal requirements of certainty, foreseeability and remoteness of damage are significantly impacted by the economic context and by the notion of fairness. Conversely, the financial rules applied throughout the process of damage evaluation, without taking into account applicable law, are increasingly governed by law. Identifying the corpus of rules that are applied throughout the process of compensation of damage, and studying the way these rules are applied in investment arbitration therefore represents a useful tool for international bodies seeking to understand their own rights and duties
Bellier, Stéphanie. "Le recours à l'arbitrage par les organisations internationales". Aix-Marseille 3, 2009. http://www.harmatheque.com.bases-doc.univ-lorraine.fr/ebook/9782296561557.
Texto completoRecourse to arbitration is the preferred method of international organizations for the settlement of their disputes. However, this action has never been the object of a comprehensive study, neither in the Anglophone nor in the Francophone scholarship. This thesis has sought out the shade of a practice largely unexplored. To achieve this, we sought to determine the process of creation and manifestation of arbitration by international organizations. How, indeed, that action is formed ? Which form does it take ? This questioning involves to initially focus on the actions required by positive law to allow international organizations to resort to arbitration. These actions are the base for the legal actions of international organizations, that is to say a special authorization by which organizations can be involved in arbitration proceedings by giving to an organ the ability to hear their disputes. This authorization is the legal title to arbitration. The second part focuses on the manifestation of arbitration and on the decision of international organizations to put in motion the legal right to arbitration by international organizations is then made possible by the study of the legal right to authorize the use of arbitration and its decision to use it leads ultimately to a certain idea of justice
Othman, Adel. "Le rôle de l'arbitrage commercial international dans le règlement des différends des contrats d'investissements pétroliers". Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLS091.
Texto completoArbitration is considered a major alternative means of dispute settlement born of international trade agreements, including the oil investment contracts. It benefits from the trust and support of foreign companies operating in the sector of the development of oil wealth. There is renewed interest in international arbitration and state plans. Internationally, many conventions were concluded arbitration and arbitration in international institutions were created with the task of settling disputes that the parties have agreed to resolve by arbitration. These institutions have developed their arbitration rules as legal frameworks offered to the settlement of disputes submitted to them. They update their regularly regulations to conform to the constant developments affecting the arbitration. Nationally, most legislators are working in the States concerned with the development of arbitral justice, to support changes, by enacting new laws or updating those that already govern the arbitration. It's the same for state courts who share this concern and striving to fill the gaps or correct the interpretation ambiguities that obscure the meaning of the statutory provisions relating to arbitration. We have therefore chosen to address some of the issues raised by arbitration, and do so by taking for illustration of this study the oil investment contracts. These have indeed among the contracts of international trade the most important, because of the strategic nature of oil itself is a commodity just as much political as commercial. The objective of this research is to identify the definition of oil investment contracts, characterizing their legal nature and the legal forms they take. On the other hand, should be to address the main issues raised by the relatively arbitration to these contracts,- Whether the phase of concluding the agreement on arbitration, determining the relationship of the arbitration agreement with the main contract and the legal effects of the arbitration agreement and the consequences to be drawn from the presence among the parties, the producer State or one of its branches,- Or phase of the arbitration proceedings by examining, among other central issues, the question of determining the law applicable to the arbitration proceedings and that of determining the law applicable to the substance of the dispute
Danay, Elmi Manijeh. "La sentence arbitrale et le juge étatique : approche comparative des systèmes français et iranien". Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D014/document.
Texto completoIn France and Iran, the law of arbitration is the result of a long historical development. Arbitration in Iran finds its roots in the Antiquity. Because of a culture favoring the pacific settlement of disputes, which was prevailing at that period, arbitration imposed itself as the privileged mode in resolving disputes. In the field of international commercial arbitration, Iranian legal system has been inspired by the UNCITRAL Model Law in the promulgation of its LICA in 1997. This country has also adhered to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 2001. The converging point between the Iranian and French legal systems is the following: they have tried to establish the rules favoring the recognition and enforcement of arbitral awards, any of them adopting a different approach. The First Part of this study is allocated to the reception of the arbitral award in the two legal systems. Solely the final award could be subject to control and enforcement. More concretely, the qualification of the arbitral award as international or foreign award will determine the applicable rules in the matters of recognition and enforcement. The arbitral award, identified and recognized, could possibly be controlled by the judge who will determine its fate. The Second Part of our analysis describes the said control that could be direct, on the occasion of the action for setting aside the award, or indirect, when requesting the recognition and enforcement of the award. This mechanism will lead in fine to protecting the winning party’s rights and avoiding any abuse of the means of recourse by the losing party
Morazzani, Blanche. "Les incidences des stipulations de clauses d'arbitrage dans les contrats internationaux". Paris 5, 2007. http://www.theses.fr/2007PA05D005.
Texto completoIn order to settie the disputes between the contracting parties by arbitration and create optimal conditions for this procedure, the agents of the international trade shall insert in the international contracts efficient arbitration clauses. The stipulations attached to the arbitration clause have, ineluctably, more or less favorable incidents on the efficiency and the validity of the clause, on the organization and the running ofthe arbitration procedure. And, a fortiori, the most important. On the resolution of the dispute. The willingness of the parties. That is expressly shown in the arbitration agreement, shall appear clearly and precisely, because the validity and the efficacy of the arbitration clause might be affected by the equivocal and imprecise stipulations, notably as for the subject of the dispute or the extension of the arbitration clause on a third party, the choice of the governing laws or even the designation of the arbitrators
Adouko, Anoh Bernard. "Le droit uniforme africain et le droit international privé". Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40051/document.
Texto completoEither uniform law is seen from the point of view of the private international law or either one assesses the impact of the communal vision of uniform law on the evolution of private international law of member states, the interactions between African uniform law and private international law can all be summed up as follows. A mere unification of laws between some states is not enough to eliminate or solve conflicts of laws and all the difficulties brought about by foreign origin element, such as jurisdiction disputes, foreigners legal status,… The reasons of this situation are that the unification of law (content and procedure rules) has never been total because some indomitable points may prove to be insurmountable at the level of the drafting of uniform rules, but also because the unification of laws can deteriorate further on during its implementation due to various factors. Therefore, the supranational lawmakers have often had to back up the uniform content rules with the uniform rules of private international laws. This leads, in the African uniform law to the emergence of a private international law with a communal origin. The private international law deriving from African uniform law will also be specific in its conception, its methods, its tools or instrument, even if to some extent, it shows some classicism. This is because the private international law deriving from the African uniform law has been fathered by a law which is specific in itself because it stands between international and home law, between public and private law. Its advent has upset the basics of the international home law of member states but also the basics of the private international law itself. However, this private international law which is still in its gestation period still has some weaknesses in its instruments and rules and must necessarily lean on that of member states as it is a vital necessity
Tabbara, Amer. "Les actions de groupe dans le contentieux international". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D017.
Texto completoThe regulation of international disputes arising out of group actions consists of safeguarding the functions underlying a domestic group action procedure in the context of international litigation (i.e. access to justice, economic efficiency and market regulation). It also aims to ensure the legal certainty, the predictability and harmony of solutions; the latters are objectives also pursued by the rules of private international law. Such regulation reveals difficult to achieve, in light of the competition arising between the legal systems in relation to the redress of global mass damages and the failure of private international law methods and instruments to address complex disputes putting at stake large number of parties and having a strong regulatory dimension. Thus, the globalisation of group actions disputes raises complex questions of conflicts of jurisdictions, conflicts of laws, coordination of procedures and enforcement of decisions.This PhD dissertation aims at addressing all these complex questions. The suggested solutions take into account the intertwined interests underlying disputes arising out of international group actions and aim essentially to prevent the current intoxication of international mass litigation resulting from the occurrence of situations of under-regulation and overregulation
Von, Mühlendahl Paul. "L’équidistance dans la délimitation des frontières maritimes. Etude de la jurisprudence internationale". Thesis, Paris 11, 2012. http://www.theses.fr/2012PA111011.
Texto completoThe delimitation of maritime boundaries is of utmost importance for many states, whether on a symbolic, cultural, strategic or economic level. Nevertheless, international treaty law is at best largely ambiguous, at worst entirely silent as to what the precise methods for resolving possible disputes that might surface during the delimitation process are. Confrontedwith these ambiguities and silences, but also with incoherent state practice devoid of any opinio juris, it is primarily from their own vision that international jurisdictions have drawn the equidistance/relevant circumstances rule, according to which, regardless of the maritime zone concerned, including the extended continental shelf, and regardless of the coastalconfiguration, every decided maritime delimitation begins with the establishment of a provisional equidistance line. This line can later be modified in a second phase of the delimitation to take into account the particular circumstances of each case. In spite of the unequivocal and – a premiere in the history of the Court – unanimous consecration of theequidistance/relevant circumstances rule by the ICJ in the Delimitation in the Black Sea case in 2009, numerous unsettled areas and technical difficulties remain in the delimitation process, notably regarding the risk of too great a degree of subjectivity, if not arbitrariness, particularly regarding the choice of the base points and the role to be played by proportionality. Likewise, in order to guarantee a smooth “materialisation” of the border on the “ground”, a close collaboration between the jurist on the one hand and the cartographer, geologist, hydrologist and geographer on the other hand is indispensable
Lu, Shenghui. "Contrats internationaux en droit international privé chinois : comparaison avec le droit international privé français". Paris 2, 2001. http://www.theses.fr/2001PA020037.
Texto completoIvanova, Estelle. "L'Union Européenne dans l'arbitrage international des investissements : aspects procéduraux". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D054.
Texto completoFor a long time, international investment law and EU legislation were developing independently from each other. ln the field of international investment, both met as the EU countries interacted, either with each other or with non-member governments. This led to broad-ranging discussions on how the EU legislation should interact with international investment law. As per the Lisbon Treaty, the European Union is the exclusive authority for the common trade policy, including direct foreign investments under Article 3, subsection le) of the TFEU. The system analysis of the European Union procedural aspects relating to investment international arbitration demonstrates the transition from the well-established "amicus curiae" status to the status of "defendant"
Legris, Emilie. "Le tiers dans le contentieux international". Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0035.
Texto completoThe reflection on third entities in international litigation comes from the finding of an increased presence of “thirds” in the jurisdictional settlement of international disputes, thus questioning the traditional vision of the international trial as being “the thing of the parties”. The “third” is defined negatively, as any entity that is neither the jurisdiction nor the parties to the proceedings. Throughout the study, a more precise identification of this notion is developed : depending on the jurisdiction in question and the type of procedure examined, third entities are either States, international organizations, private (physical or moral) persons. Within the framework of diverse jurisdictions, the study apprehends the place given to third entities in international litigation, examining successively their protection and their participation. In the background, the study looks at the contribution of third entities to peacekeeping, as part of the peaceful settlement of disputes
Remón, Jesús, Miguel Virgós, Gabriel Bottini, de Argumedo Álvaro López y José Miguel Fatás. "Round table: conflicting positions in international arbitration". THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123844.
Texto completo¿Son válidas las críti cas al arbitraje de inversiones?. ¿Es el recurso de anulación un mecanismo indispensable?. ¿Pueden los actos de ius imperium de los Estados ser someti dos a arbitraje?.La presente mesa redonda, responde a cada una de estas interrogantes, tratando muchos temas controversiales en el arbitraje internacional.
Papadaki, Marilena. "Nicolas Politis (1872-1942) : la science au service de la construction d'une société internationale entre ordre et liberté". Paris, EHESS, 2016. http://www.theses.fr/2016EHES0085.
Texto completoThe purpose of this thesis is to study the life of Nicolas Politis, an international liberal jurist of Greek origin but of French expression, born in the late 19th century. Almost unknown to the Greek and French historiography, he played a major role in the socio-political scene of his time not only as a French academic, theorist and expert but also as a Greek diplomat, politician and an international arbiter and lawyer. In doing so, he intervened at three levels of action, that of France, Greece and new international institutions in The Hague, Paris and Geneva. Originating from a well-known family of scientists on the island of Corfu. Nicolas Politis managed to be at the center of an international elite committed to reorganizing international relations, in the years following the First World War. The thesis examines the way his internationalist discourse and his political career were constructed in terms of his genius, and his strategy to approach the socio-political situation of his time. It provides valuable information on his personal life and his career as a scientist through a presentation of the events of the period he lived in, as well as, an analysis of the evolution of his thinking and doctrine which combined his Greek patriotism, his political liberalism and his internationalism. In this study, political history, intellectual history, history of institutions, history and philosophy of international law are in a constant interaction
Schill, Françoise. "La troisième conférence des Nations Unies sur le droit de la mer et le règlement des différends". Paris 1, 1987. http://www.theses.fr/1987PA010295.
Texto completoThe united nations convention on the law of the sea which was adopted by the third conference and opened for signature on december 10, 1982, contains original dispute settlement provisions. A state party may choose to submit the dispute to conciliation, arbitral tribunal, international court of justice or international tribunal for the law of the sea created by the convention of montego bay. The analysis of the convention provisions which describes alternative international dispute settlement mechanisms include, the outline of negociations and the states practise
Hortoğlu, Yağmur. "La fraude et l'arbitrage". Electronic Thesis or Diss., Paris 1, 2020. http://www.theses.fr/2020PA01D018.
Texto completoThe competitive climate arising from the advantages of favor arbitrandum is likely to create a breeding ground for fraud. Such a framework is maintained particularly by the multiplication of arbitration actors motivated by purposes other than the regular resolution of a dispute. In order to identify this risk, it is important to draw a distinction between, on the one hand, the litigants who resort to arbitration for the regular resolution of their dispute and, on the other hand, those who try to divert it from its legitimate purpose. In this regard, ensuring equal treatment for these two categories of litigants would consist in denying the favor arbitrandum, by challenging the idea that a favorable regime should be recognized only to authentic arbitration proceedings. In order to demonstrate that arbitration is not necessarily destined to become a potential tool for fraud, it is essential to set out the contours of the problem in a better way. Therefore, the present study intends firstly to focus on the various fraudulent behaviours that can occur in arbitration. This approach makes it possible to propose a definition of fraud that is entirely specific to arbitration. Secondly, this study takes into consideration the efforts that the various actors of arbitration will have to make in order to detect and to take action against fraudulent arbitrations in the perspective of supporting the fight against different arbitral frauds
Abbas, Larbi. "L' incidence des événements survenus et l' exécution des contrats internationaux de longue durée". Toulouse 1, 2002. http://www.theses.fr/2002TOU10025.
Texto completoRahmouni, Rabeb. "L'arbitrage international et les tiers". Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010316.
Texto completoNo English summary available
Bernat, Liana Oliveira. "Arbitrage pricing theory in international markets". Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/12/12138/tde-01122011-203538/.
Texto completoEssa dissertação estuda o impacto de múltiplas fontes de riscos pré-especificados nos retornos de três grupos de países não sobrepostos, através de um modelo de Teoria de Precificação por Arbitragem (APT). Os grupos são compostos por mercados emergentes e desenvolvidos. Mercados emergentes tornaram-se importantes na economia mundial, especialmente como receptores de capital, mas não foram inclusos na maioria dos trabalhos correlatos anteriores. Duas estratégias foram adotadas para a escolha de dois conjuntos de fatores de risco. A primeira foi utilizar variáveis macroeconômicas, descritas na maior parte da literatura, como e excesso de retorno da carteira mundial, taxas de câmbio, variação da diferença entre a taxa de depósito em Eurodólar e a U.S. Treasury Bill (TED Spread) e mudanças no preço do petróleo. A segunda estratégia foi extrair fatores de risco através de uma análise de componentes principais, denominados fatores estatísticos. O primeiro resultado importante é a grande semelhança entre o primeiro fator estatístico e o retorno da carteira mundial. Nós estimamos o modelo APT usando duas metodologias estatísticas: Regressões Aparentemente não Correlacionadas Iteradas (ITNLSUR) de McElroy e Burmeister (1988) e o Método dos Momentos Generalizados (GMM) de Hansen (1982). Os resultados de ambas as metodologias são muito similares. Utilizando variáveis macroeconômicas, apenas o excesso de retorno da carteira mundial é precificado nos três grupos com prêmios variando de 4,4% a 6.3% ao ano e, no modelo com variáveis estatísticas, apenas o primeiro fator estatístico é precificado em todos os grupos com prêmios que variam entre 6,2% a 8,5% ao ano.
Panhard, Maxime. "Arbitrage international et garanties de passif". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D087.
Texto completoInternational arbitration became the natural choice when it comes to select a dispute resolution method in international comercial operations. Even if M&A operations followed this trend, some legal complications remained in French law, that have been gradually solved over the past twenty years. Yet, most of the post-closing disputes regard the execution of the so called ‘representations and warranties’ dispositions. These provision show some crucial specificities that parties must take into account when they negotiate an arbitration clause. Given the fast evolution of international arbitration and the practice of the M&A sector, these specificities can change rapidly in comparative law. The current trend in favor of arbitration for representations and warranties disputes make it a judicious research subject, being it from a practical point of view, as well as the insights given for the evolution of the solutions in French law. Thus, this work explores the opportunity of arbitration for international M&A operations, as well as the specific challenges brought by post-closing disputes for the international arbitration practice, with or without the application of French law. The results regard mainly French law practice, studying the opportunity of arbitration for representations and warranties, as well as the technical consequences and pitfalls. They also bring new elements to issues that regard international arbitration