...Arbitration utilizes a neutral third party to hear the dispute between the different parties. The hearing is an informal hearing the arbitrator is mutually selected by the parties. The arbitrator is retained to decide how to settle the conflict, the decision that the arbitrator makes is final and binding. Arbitration is more cost efficient and faster than litigation but it is the arbitrator’s decision what the terms and conditions will be not the parties involved. (Grand Vally Srtate University , 2013) The Federal Arbitration Act requires that where the parties have agreed to arbitrate, they must do so in lieu of going to court. Once an award is entered by an arbitrator or arbitration panel, must be confirmed in a court of law. Once confirmed the award is then reduced to enforceable judgment, which can be enforced by the winning party in a court of law, like other judgments. The federal Arbitration Act awards have to be conformed within the year. If the losing party wants to object they only have three months to do so. Arbitration agreements can be entered “prospectively” that is in advance of any actual dispute. They may be entered into by disputing parties once one has a risen. Section two of the Federal Arbitration Act states that arbitration provisions will be subject to invalidation only for the same games applicable to contractual provision generally, such as unconscionability or duress. Consequently most state law that disfavors the enforcement of the agreements...
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...------------------------------------------------- Team 129R 5th National Law School International Arbitration Moot Court Competition, 2012 ------------------------------------------------- ------------------------------------------------- In the matter of an Arbitration at, Somali City, Democratic Republic of Calona under the Calona-Nolania Bilateral Investment Treaty ------------------------------------------------- Wayne Electronics.........................................................................................................Claimant v. Democratic Republic of Calona……........................................................................Respondent ------------------------------------------------- (Arb/Cas/12/35) ------------------------------------------------- ------------------------------------------------- Memorandum for Respondent ------------------------------------------------- Table of Contents Table of Abbreviations I Index of Authorities IV Statement of Jurisdiction XI Statement of Facts XII Questions Presented XV Summary of Pleadings XVI Arguments Advanced 1 I. The Tribunal Does Not Have Jurisdiction Over The Claims Brought Before It. 1 A. The undertaking of the Claimant does not amount to an investment. 1 B. The Tribunal does not have jurisdiction over contractual matters. 2 1. The Tribunal does not have jurisdiction over contractual disputes because of an exclusive dispute resolution clause...
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...are liable for their own misconduct, but they aren’t liable for corporate wrongful acts committed by other managers or employees. Therefore, shareholders, officers, and directors have limited liability for the obligations of the business. Profits that are earned are not reported by the shareholder to the IRS. The shareholder only have to report to the IRS when the sell or cash in their shares, they are reported as earnings. Corporation pays their own federal income taxes on its profits. One of the advantages of being a shareholder they are able to deduct their investment losses after they are sold. A corporation has a life separate from its owners and its managers. There are several reasons why persons organize a business as a corporation. Second, because investors may contribute capital to the business, avoid unlimited liability; escape the obligation to manage the business, and easily liquidate their investments by selling their shares, the corporation has the ability to attract large amounts of capital, even more than the limited partnership,...
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...SUMMARY Dato’ Hj Nik Mahmud v. BIMB (1996) * FACTS: * The plaintiff with attorney had entered into a PSA and PPA with the defendant in respect of 25 lots of land in BBA concept. * The defendant purchased the properties and resold back to the plaintiff with additional prices and charges. * The plaintiff applied for an order that the charges be declared null and void. * He also applied for the return the titles of the properties, free of all encumbrances. * ISSUES: * Whether sale of land in accordance with IB Concept of BBA contravened the Malay Reservations Enactment 1930 of Kelantan. * Whether purchase and resale of land for profit by bank contravened the Malay Reservations Enactment 1930 of Kelantan * PRINCIPLES: * Section 7(i) of the Enactment prohibits any transfer or transmission or vesting of any right or interest of a Malay. However, when the property purchase agreement was signed, the right that could be acquired by the defendant under the agreement at that point of time, the agreement being still executor, was only a right to a registrable interest which right was yet to crystallized into a registrable interest. * The contemporaneous execution of the property purchase agreement and the property purchase agreement and the property sale agreement constituted part of the process required by the Islamic banking procedure before the plaintiff could avail himself of the financial facilities provided...
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...are liable for their own misconduct, but they aren’t liable for corporate wrongful acts committed by other managers or employees. Therefore, shareholders, officers, and directors have limited liability for the obligations of the business. Profits that are earned are not reported by the shareholder to the IRS. The shareholder only have to report to the IRS when the sell or cash in their shares, they are reported as earnings. Corporation pays their own federal income taxes on its profits. One of the advantages of being a shareholder they are able to deduct their investment losses after they are sold. A corporation has a life separate from its owners and its managers. There are several reasons why persons organize a business as a corporation. Second, because investors may contribute capital to the business, avoid unlimited liability; escape the obligation to manage the business, and easily liquidate their investments by selling their shares, the corporation has the ability to attract large amounts of capital, even more than the limited partnership,...
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...often contain mandatory arbitration provisions that are legally binding and enforceable. In addition, almost every court or administrative agency empowered to hear cases now requires mediation as part of the formal adjudication process (Spangler, 2003). Abstract: Arbitration plays a crucial role in commercial procurement. Ideally, solid contractual agreements would alleviate disputes between parties. In most cases, disputes result from the terms of the contract rather than the actual contract itself. Arbitration offers dispute resolution that eliminates the need for costly litigation and time-consuming disputes in the courtroom. This paper considers the role of arbitration in contracted procurement. Additionally, it considers alternative dispute resolution (ADR) as a whole as arbitration is a subset of ADR and will discuss their relative advantages and disadvantages in comparison with traditional litigation. The aged concept of arbitration has recently begun to reach tremendous levels of popularity in the acquisition realm. Dictionary.com defines arbitration as, “the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them”. Solving disputes through arbitration is by no means a modern concept. The first modern arbitration statute in the United States was enacted in 1920; New York State Arbitration statute. History, however, dates arbitration back to the famous Athenian...
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...Foundation of International Commercial Arbitrations Shaimaa Nasr Eldin ESLSCA Business School International Business law Foundation of the International Commercial Arbitrations Abstract. This paper analyzes the foundation of the international commercial arbitration, as a phenomenon widely used by most of the corporations among the world as a dispute settlement mechanism. You will see that it is one of many possible procedures for the settlement of disputes in regard to economic transactions. You will learn about the essential features of arbitration; that it is for the settlement of a dispute, consensual based on the agreement of the parties, private and not part of the State system of justice and leads to a final and binding decision that will be given execution by the court. This paper also identifies the selection by the parties of the place in which their international commercial arbitration is to take place will have a fundamental impact on the determination of those rights. Equally fundamental is the parties' selection of the law, both substantive and procedural, which will apply to the determination of those rights. This paper examines both of those choices, the forum and the law applicable to the arbitration. It also identifies the three sources of rules for international commercial arbitrations. Key words: Arbitration, applicable law, source of rules for international commercial arbitrations. What is "International Commercial Arbitration" ? This term is divided into three...
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...ABSTRACT The main objective of this research is Evolution of the process of ADR in Bangladesh: Whether arbitration and mediation is appropriate procedure to solve dispute”. The aim of this research is to analyses the cachet and efficaciousness of the instrument of ADR in Bangladesh. At the same time an attempt is made to evaluate the sociological aspect of the ADR in Bangladesh. Hence, this writes up especially for those who have no legal background but want to have an idea about it is interesting to note that the concept of ADR is developing in Bangladesh as a performance of public duty by civil society groups advocating in support of progressive ideologies. I have collected all the materials from different books, scholars’ articles and offices from Law organization. I have collected the information about International aspect of ADR from different site of internet. At first I have collected different books relating to ADR. For the laws regarding ADR of Bangladesh and international, I have followed different Acts and Convention. INTRODUCTION The attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration in which the third party (arbitrator) acts much like a judge but in an out-of-court less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic...
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...Arbitration International Law Claire Hunkin One of the first questions that you need to determine, after reaching the conclusion that your dispute is subject to arbitration, is what law will control the procedural elements of the arbitration. Which direction the determination takes is largely dependent on how carefully the contract was drafted. The world that we are living in is nothing compared to what it was 20 years ago. With all the new technologies and innovations mankind is discovering our world is never and will never stay the same. The same mind set applies to law, rather its statewide, nationwide or internationally. Arbitration can be used in just about anything, for example, a lawyer use it for their client agreement, employers use it in contracts with employees, land lords use arbitration for tenant-landlord agreements and companies obtain arbitration clause when they’re planning on expanding or merging with a different company. Unlike a judicial process, arbitration is conducted outside the court system by impartial arbitrators who are selected by the parties based on criteria that best fits the nature of the contract. There are advantages of having arbitration over litigation. Some of the few advantages are impartiality of decision makers, confidentiality, and expense. In arbitration, the disputing parties have the option to choose its panel members as opposed to litigation. Arbitration proceedings and awards are normally made private, where litigation proceedings...
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...Dispute Resolution Overview A. Arbitration International arbitration is the process of resolving disputes between or among transnational parties through the use of one or more arbitrators rather than through the courts. It requires the agreement of the parties, which is usually given via an arbitration clause that is inserted into the contract or business agreement. The decision is usually binding. Arbitration is today most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions (International Commercial Arbitration). It is also used in some countries to resolve other types of disputes, such as labour disputes, consumer disputes, and for the resolution of certain disputes between states and between investors and states. As the number of international disputes mushrooms, so too does the use of arbitration to resolve them. There are essentially two kinds of arbitration, ad hoc and institutional. An institutional arbitration is one that is entrusted to one of the major arbitration institutions to handle, while an ad hoc one is conducted independently without such an organization and according to the rules specified by the parties and their attorneys. Ad hoc, or unadministered, arbitration is flexible, relatively cheap and fast way of dispute settlement – if the parties co-operate. When parties are not able to co-operate, the assistance of an institution to move the arbitration forward is necessary. One reason...
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...dispute resolving mechanism. That’s why “Arbitration Act” was provided with a view to give speedy justice to the people and also to avoid unnecessary court case expenses. It is an informal dispute settlement mechanism. Bangladesh has recently enacted a new arbitration law, known as “The Arbitration Act, 2001. The Act came into force on April 10, 2001. The Act has repealed The Arbitration (Protocol and Convention) Act, 1937 and The Arbitration Act, 1940. With this new enactment Bangladesh has kept pace with the recent trends in the field of international arbitration in the rest of the world. According to the topic of this assignment, I also agree that although arbitration was introduced for settling dispute but it is not serving it purpose entirely and precisely. Now I’m going to discuss about the reasons which are making difficulty for arbitration to serve its purpose completely. Meaning of Arbitration: Before discussing about the ineffectuality’s of arbitration, first we should briefly know what Arbitration really means. The word “Arbitration” means mediation, negotiation, adjudication etc. This means settlement of arguments, disagreement, and clash between two parties. It is a process in which a disagreement between two or more parties is resolved by impartial individuals, called arbitrators, in order to avoid costly and lengthy court case or legal actions. Arbitration is the most traditional form of dispute resolution. Arbitration is a binding procedure. It is often...
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...Write a 3-5 page papner describing the application of interest arbitration with regard to public sector employment. Within the assignment describe a recent high profile bargaining process between a union and a public sector employment organization (hospital, police, air traffic controllers, and teachers) in which issues were not resolved and the unresolved issues were sent to an impartial arbitrator for a final decision. Do you agree with the final ruling? Please support your stance with academic research. Please support your assignment with research and submit in APA format. Additionally, please submit your assignment in a paper format with a list of references (using APA standards) at the end of the assignment. Application of Interest Arbitration with Regard to Public Sector Organization Schuyler McKenzie One of the most popular method of solving disputes is through arbitration. American Arbitration Association (AAA) is the most popular arbitration in the world, as it has over 800 employees in 35 offices worldwide and represents over 8,000 arbitrators and mediators worldwide. Arbitration is actually an extremely old form of settling disputes between people, businesses, as well as between nations. The process itself is a private method of adjudication, which uses at least one arbitrator to resolve the dispute. Several companies have resulted to using arbitrational clauses within their contracts, as they have become more plentiful...
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...SETTLEMENT OF OIL AND GAS DISPUTES: DOMESTIC AND INTERNATIONAL PERSPECTIVES PAPER DELIVERED BY: OLABISI O. SOYEBO, SAN, MCIArb. AT THE MINISTRY OF JUSTICE MAITAMA, ABUJA 29th NOVEMEBER, 2011. SETTLEMENT OF OIL AND GAS DISPUTES: DOMESTIC AND INTERNATIONAL PERSPECTIVES BEING A PAPER DELIVERED BY OLABISI O. SOYEBO. SAN. MCIArb., AT THE MINISTRY OF JUSTICE MAITAMA ABUJA ON 29TH NOVEMEBER, 2011. INTRODUCTION Oil and gas are considered among the world's most important resources and the oil and gas industry plays a critical role in driving the global economy. They are used for numerous products, in addition to serving as the world's primary fuel source. The processes and systems involved in producing and distributing oil and gas are highly complex, capital-intensive and require state-of-the-art technology. Though efforts are being made to develop alternative sources of energy the world over, Oil and Gas will no doubt remain the largest fuel in the international energy market for some time and demand for the resources will continually create transactions and the attendant disputes. We all know that big business means big problems! The focus of this paper is to highlight the types of disputes which arise in the Oil and Gas industry, the type of Dispute Settlement/Resolution mechanisms available for resolving such disputes, issues of jurisdiction vis a vis private international law, consideration of the enabling instruments and laws and a practice guide to...
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...dissuades courts from deciding cases that would interfere with a country’s foreign policy. - Doctrine of Sovereign Immunity - deals with actions brought in the court of one nation against another foreign nation and prevents the sovereign state from being tried in court without its consent. In the U.S., the Foreign Sovereign Immunities Act (FSIA) of 1976 governs this. There are both national laws and international agreements which govern/regulate international business transactions that can include investments, offshore banking, contracts, imports/exports, tariffs, dumping, trade and more. International law can also be considered as public or private. Public International law covers the rules, laws and customs that govern and oversee the conduct and dealings between nations and/or their citizens. The UN deals with public international law. Private International law handles disputes between private citizens of different nations (HG.org, 2015). In the United States, arbitration law comes from five sources; constitutions,...
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...University of the Thai Chamber of Commerce and the Thai Chamber of Commerce Volume 4 Issue 3 JUNE - AUGUST 2012 ISSN: 1906-8646 Arbitration in Thailand Sorawit Limparangsri Thailand’s Brand Image Brand Studies and Research Center, University of the Thai Chamber of Commerce Doing Business in Creative Economy with the Growing Impact of AEC: ASEAN Economic Community Waralak V. Siricharoen, Nattanun Siricharoen Organizational Preparation for the Asean Economic Community Associate Professor Thongtippha Viriyapan THAI SKILLED LABOR AND THE AEC An Analysis of “Competitive Potential of Skilled Labor in the Service Sector Free Opening under the ASEAN Economic Community (AEC)” Contents June-August 2012 3 4 9 16 Editor's Memo Arbitration in Thailand 04 14 Thailand’s Brand Image 16 Doing Business in Creative Economy with the Growing Impact of AEC: ASEAN Economic Community 21 Organizational Preparation for the Asean Economic Community 2 www.facebook.com/ThailandEcoReview Thai Skilled Labor And the AEC An Analysis of “Competitive Potential of Skilled Labor in the Service Sector Free Opening under the ASEAN Economic Community (AEC)” 09 21 Editor's Memo “Seven Thai Professionals … How They Will Compete When We Enter the AEC?” In a relatively short time, Thailand will have a free flow labor with the other ASEAN member countries. The ten nations of ASEAN have prepared the Mutual Recognition...
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