Yang, Yu-Guang; Zhou, Zheng; Teng, Yi-Wei; Wen, Qiao-Yan
In an arbitrated signature scheme, all communications involve a so called arbitrator who has access to the contents of the messages. The security of most arbitrated signature schemes depends heavily on the trustworthiness of the arbitrators. In this paper we show how to construct an arbitrated quantum signature protocol of classical messages with an untrusted arbitrator. Its security is analyzed and it is proved to be secure even if the arbitrator is compromised. In addition, the proposed protocol does not require a direct quantum link between any two communicating users, which is an appealing advantage in the implementation of a practical quantum distributed communication network.
Viime vuosien aikana monet vÃ€litysinstituutit ovat lisÃ€nneet vÃ€lityssÃ€Ã€ntÃ¶ihinsÃ€ ehtoja pikaturvaamismenettelystÃ€ (engl. Emergency Arbitration). Pikaturvaamismenettely tarkoittaa menettelyÃ€, jossa osapuoli voi hakea vastapuolta vastaan turvaamistoimia vÃ€lityslautakunnan mÃ€Ã€rÃ€Ã€mÃ€ltÃ€ pikavÃ€limieheltÃ€ (engl. Emergency Arbitrator) silloin kun vÃ€limiesoikeutta ei ole vielÃ€ muodostettu. TÃ€ssÃ€ tutkielmassa tarkastellaan erityisesti Keskuskauppakamarin vÃ€limieslautakunnan (FCC)...
Having lagged behind in its arbitration rules for 30 years, Denmark has become an attractive country in which to conduct arbitration. Denmark now has one of Europe's most modern and streamlined arbitration acts, and if they so wish, the parties can exert a substantial influence on how the case is...... handled. The author, who often acts as arbitrator in Danish and International arbitration cases, will analyse the options which the parties have under the new Danish arbitration act (hereinafter called the AA) for influencing how their case is handled, and thus for making this process more efficient. This...
Alec Stone Sweet
The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address...
Douglas, Joel, Ed.
Questions and issues critical to an understanding of arbitration in higher education are discussed. Aspects of the academic arbitration model are defined. The following four topics are examined: (1) the procedural similarities and differences between academic arbitration and the industrial model; (2) the possible inherent conflict between academic…
Elena P. Ermakova
In this paper author evaluates legal regulation of international commercial arbitration in Bolivia. Author cites statistics of arbitration centers in Bolivia activities. Arbitration Act and Conciliation number 1770 (Arbitration Act) was enacted in 1997 and based on the UNCITRAL Model Law on International Commercial Arbitration 1985 (UNCITRAL Model Law). Arbitration Act contains a few differences from the UNCITRAL Model Law. The Arbitration Act provides that following disputes can not be subje...
Graham, Harry; Wallace, Virginia
Presents developments in grievance arbitration in government employment by examining all public sector arbitration cases from 1971 through 1979. Predicts that issues of employee discipline and discharge will comprise the largest number of cases proceeding to arbitration. (Author/MLF)
Formueret, international law, conflict of law, arbitration, tort, contract, delict, jurisdiction......Formueret, international law, conflict of law, arbitration, tort, contract, delict, jurisdiction...
Lookofsky, Joseph; Hertz, Ketilbjørn
Transnational litigation, PIL, IP, Choice of law, Arbitration, Jurisdiction, Recognition of judgments......Transnational litigation, PIL, IP, Choice of law, Arbitration, Jurisdiction, Recognition of judgments...
Full Text Available This paper deals with the nature of arbitration as one of the alternatives in dispute resolution processes different from mediation and conciliation, and obviously, from judicial adjudication. Unlike a mediator or a conciliator, an arbitrator is empowered to pass a judgement, like a court. In other words, the arbitrator will render a decision which is binding for the parties. The arbitrator has the jurisdictio, like a judge. Although the office of a judge and an arbitrator is the same, the source of their power is different. The judge’s power originates from a State, whereas the power of the arbitrator results primarily from a contract. Unlike the court, the arbitrator lacks the imperium, i.e. the power to make the award enforceable. When a party refuses to enforce the award, enforceability can only be provided by the judge or an authority of the state where the award has to be enforced. In a certain sense the state thus provides the back up for the arbitration system. This paper presents personal thoughts drawn from the author’s professional experience as an arbitrator in Franco-German disputes.
A fair hearing in the courts requires the principles of procedure. Because the arbitration is considered as private judgment, thus in arbitration hearing regarding to non-ceremonial proceedings, arbitrator or arbitration panel are bound to respect the principles of civil procedure in arbitration hearing. Equal treatment with parties of arbitration and Adversarial procedure are principles that arbitrator or arbitration panel obliged to satisfy them in proceeding whit action arbitration parties...
The paper compares conventional and final-offer arbitration. One party is supposed to make a payment to another party, whose amount depends on a state. Under one scenario, parties obtain signals about the state, which cannot be recognized by the opponents. If the arbitrator's ability of recognizing signals is high, the frequency of requesting arbitration is lower under conventional than under final-offer arbitration. If this ability is low, final-offer arbitration dominates conventional arbit...
Elena P. Ermakova
In the above article author describes evolution of legal regulation of international commercial arbitration in Venezuela. Author cites statistics of arbitration centers in Venezuela activities. In past two decades many Latin American countries have reformed their arbitration law. In an effort to modernize its arbitral institutions several Latin American countries adopted Model Law on International Commercial Arbitration of the UN Commission on International Trade Law (UNCITRAL). In addition, ...
Full Text Available Maybe in all situations the most important factor is the decision making person. In arbitration this person is the arbitrator. Knowing how to choose your arbitrator is the first step in knowing how to win your case. There are some important criteria that needs to be taken into account when appointing an arbitrator, like the independence and impartiality of the arbitrator, the experience in similar cases, knowledge of the system of law applicable to the contract and other backgrounds.Another important aspect is the number of arbitrators and the advantages and disadvantages of having one, three or more arbitrators. All those issues are very important when drafting the arbitration agreement and in matters of complex contracts it is of high importance to have legal advisors that will help you draft an agreement that will minimize risks and favor efficient arbitral proceedings.
Power, James F.
Training programs for new arbitrators, costs and delays of arbitration, and the federal government's new computerized system to provide current listings of qualified arbitrators are discussed. But labor and management must be responsible for arbitration reforms. (MF)
In this article Beata Kozubovska looks at the relationship between arbitrability and public policy in the international arbitration system. In rеcеnt yеаrs а trеnd tоwаrd еxpаnsiоn оf аrbitrаbility hаs bееn nоticеd. Each state may decide, in accordance with its own economic and social policy, which matters may be settled by arbitration and which may not. Arbitrаtiоn friеndly cоuntriеs inеvitаbly аttrаct mоrе аrbitrаtiоn usеrs аnd this rеsults in fоrum shоpping. Public policy doctrine is not ...
... 50 Wildlife and Fisheries 9 2010-10-01 2010-10-01 false Arbitration System. 680.20 Section 680.20... Measures § 680.20 Arbitration System. (a) Applicability—(1) Arbitration System. All CVO QS, Arbitration IFQ... establish the Arbitration System. Certain parts of the Arbitration System are voluntary for some parties,...
Full Text Available A fair hearing in the courts requires the principles of procedure. Because the arbitration is considered as private judgment, thus in arbitration hearing regarding to non-ceremonial proceedings, arbitrator or arbitration panel are bound to respect the principles of civil procedure in arbitration hearing. Equal treatment with parties of arbitration and Adversarial procedure are principles that arbitrator or arbitration panel obliged to satisfy them in proceeding whit action arbitration parties. Independence and impartiality are elements of Equal treatment and proper notice and give a full opportunity to presentation case are elements of adversarial procedure in Arbitration hearing that arbitrator or arbitration panel are bound to respect them in proceeding between action arbitration parties. Disclosure Obligation, Challenge to arbitrators competence, application for setting aside and refuse to recognition and enforcement of award are tools to satisfy compliance of principles of procedural civil in Arbitration hearing. In this paper, ways of satisfying principles of procedure and its sanctions has been considered.
Abstract The author researches the institute of provisional measures in ICSID arbitration proceedings – its historical development and interpretation in the practice of ICSID arbitration. In the research the author conducts comprehensive analysis of the types of provisional measures through empirical analysis of the practice of ICSID arbitration. The author separates procedural and material preconditions to recommend provisional measures in ICSID arbitration. In the context of procedural p...
Getman, Julius G.
Discusses the nature of labor arbitration; then explores the transferability of the labor arbitration model. Argues that the establishment and legitimation of unions and collective bargaining are responsible for the success of labor arbitration, not vice versa. Available from The Yale Law Journal, 401A Yale Station, New Haven, Connecticut 06520;…
Elena P. Ermakova
Full Text Available In this paper author evaluates legal regulation of international commercial arbitration in Bolivia. Author cites statistics of arbitration centers in Bolivia activities. Arbitration Act and Conciliation number 1770 (Arbitration Act was enacted in 1997 and based on the UNCITRAL Model Law on International Commercial Arbitration 1985 (UNCITRAL Model Law. Arbitration Act contains a few differences from the UNCITRAL Model Law. The Arbitration Act provides that following disputes can not be subject to arbitration: 1 disputes on which a final judgment, except for matters related to the execution of the judgment, 2 disputes regarding civil entity, its legal capacity; 3 disputes in respect of the property or rights of disabled without prior judicial authorization, and 4 disputes regarding the state as a legal entity, and 5 labor disputes. Large commercial disputes are often resolved in two centers: 1 Arbitration and Conciliation Center of the National Chamber of Commerce of Bolivia (CNC; 2 Center for Reconciliation and Commercial Arbitration of the Chamber of Industry, Commerce and Tourism of Santa Cruz (CAINCO. Among other arbitration organizations may be called arbitration and Conciliation center of the Chamber of trade and Services Cochabamba (CADECO.
Alec Stone Sweet
Full Text Available The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint of delegation theory. In Part I, I introduce the basic “Principal-Agent” framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes (ICSID is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina’s response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization.
Price arbitration under a gas sales contract was discussed. Arbitration as a dispute resolution mechanism can be a costly, time consuming and often frustrating experience. However, it is a fact of life that until more creative ways of ensuring a market sensitive price over the term of a gas sales contract are developed, there will exist a need for arbitration. In arbitration, the parties submit their dispute to an impartial person or group of persons, for resolution. It is an alternative to the civil court system for resolving disputes; it is private, convenient, has less procedural rules and allows parties to choose their own judge with some expertise. However, the absence of specific rules of procedure or a means of enforcing them, could allow one party to sabotage the process. It was noted that gas deal makers take a cautious look at arbitration as a price dispute resolution mechanism. Alternatives to arbitration, and points to consider if arbitration is chosen, were described
Full Text Available In this article Beata Kozubovska looks at the relationship between arbitrability and public policy in the international arbitration system. In rеcеnt yеаrs а trеnd tоwаrd еxpаnsiоn оf аrbitrаbility hаs bееn nоticеd. Each state may decide, in accordance with its own economic and social policy, which matters may be settled by arbitration and which may not. Arbitrаtiоn friеndly cоuntriеs inеvitаbly аttrаct mоrе аrbitrаtiоn usеrs аnd this rеsults in fоrum shоpping. Public policy doctrine is not entirely relevant to the concept of arbitrability. Precisely for this reason a different approach has been suggested. The restrictions of arbitrability are more relevant and precisely described by the reference to the origin of arbitration; arbitration by being of the contractual nature cannot affect people that are outside the scope of the arbitration agreement. Rеstrictiоn оf аrbitrаbility rеfеrs tо thе cоntrаctuаl nаturе оf аrbitrаtiоn prоcеss which lаcks the tооls needed tо rеаch thе rеlеvаnt pаrtiеs bеyоnd thе аrbitrаtiоn аgrееmеnt аnd nоt to public pоlicy issuеs. The paper also provides a helpful analysis of arbitration, especially for those who are less familiar with the topic. Beata Kozubovska is an associate of the Dispute Resolution practice group in Motieka & Audzevičius Law Firm in Vilnius office. Beata has completed her PhD in Law at Vilnius University. She completed and was awarded LL.M. in Commercial Law from University College London (UCL, a LL.M. degree from Vilnius University and has participated in Exchange Programme where she studied EU and International Law in Vrije Universiteit in Brussels, Belgium. Beata has been awarded a Postgraduate Diploma in EU Competition Law from King's College, London University, a Practice Diploma in International Joint Ventures from College of Law of England and Wales, also was awarded the Certificate in International
Anotācija Starptautiskā komerciālā arbitrāža ir svarīgs, efektīvs, privāts un tradicionāls strīda izšķiršanas mehānisms, tādēļ darba „Starptautiskās komerciālās arbitrāžas tiesības” mērķis ir padziļināti izpētīt un konstatēt starptautisko arbitrāžas tiesību juridisko dabu, tiesību nozares attīstības tendences, kā arī nacionālo un starptautisko avotu mijiedarbību un piemērošanas kolīzijas, tomēr, tā kā starptautiskās arbitrāžas tiesības ir ļoti plašas - tās aptver jautājumus,...
Incomplete contracts and laws often lead to disputes. Before a dispute arises, parties can commit to arbitration. If they choose to do so, future disputes are resolved before an arbiter. Otherwise, parties will choose between settlement and litigation after a dispute has arisen. We analyze variables
Elena P. Ermakova
Full Text Available In the above article author describes evolution of legal regulation of international commercial arbitration in Venezuela. Author cites statistics of arbitration centers in Venezuela activities. In past two decades many Latin American countries have reformed their arbitration law. In an effort to modernize its arbitral institutions several Latin American countries adopted Model Law on International Commercial Arbitration of the UN Commission on International Trade Law (UNCITRAL. In addition, many Latin American countries have adopted the monistic system. Author pays detailed attention to this issue, discusses concept of a monistic system - a system in which a unique set of rules governs both domestic and international arbitration. Author argues that legal system of Venezuela fits this definition. Venezuelan law on arbitration in 1998 makes no distinction between domestic and international arbitration. Arbitration was included in judicial system under the Constitution of Venezuela of the 1999. Art. 258 of the Venezuelan Constitution states that arbitration, conciliation and mediation are alternative ways of resolving disputes.
Ekaterina P. Rusakova
Full Text Available In this article author analyzes the activities of Japan Sports Arbitration Agency. Author considers the goals, objectives and procedure for dealing with disputes relating to the use of performance-enhancing drugs by athletes. Author study the regulation of Japan Sports Arbitration Agency, to resolve disputes relating to the use of doping, as well as the procedure for application and acceptance of its agency, the choice of arbitrators, counterclaim, protection of evidence.
... CONCILIATION SERVICE 29 CFR Part 1404 RIN 3076-AA12 Arbitration Services AGENCY: Federal Mediation and Conciliation Service. ACTION: Final rule. SUMMARY: This final rule amends the Federal Mediation and Conciliation Service (FMCS) rules pertaining to arbitration services. It revises rules addressing the...
Gullett, C. Ray
From a private process between unions and management, labor arbitration has become a matter for federal arbitrators to decide. The article traces this development through various federal court cases and legislation, particularly unfair labor practice charges under Title VII of the Civil Rights Act. (MF)
... 46 Shipping 9 2010-10-01 2010-10-01 false Arbitration awards. 502.409 Section 502.409 Shipping... Alternative Dispute Resolution § 502.409 Arbitration awards. (a)(1) The award in an arbitration proceeding... arbitration proceeding may not serve as an estoppel in any other proceeding for any issue that was resolved...
... 46 Shipping 9 2010-10-01 2010-10-01 false Arbitration. 502.406 Section 502.406 Shipping FEDERAL... Dispute Resolution § 502.406 Arbitration. (a)(1) Arbitration may be used as an alternative means of dispute resolution whenever all parties consent, except that arbitration may not be used when...
... 29 Labor 4 2010-07-01 2010-07-01 false Arbitration process. 1404.19 Section 1404.19 Labor Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE ARBITRATION SERVICES Expedited Arbitration § 1404.19 Arbitration process. (a) Once notified of the expedited case appointment...
... 49 Transportation 8 2010-10-01 2010-10-01 false Arbitration procedures. 1108.8 Section 1108.8... OF TRANSPORTATION RULES OF PRACTICE ARBITRATION OF CERTAIN DISPUTES SUBJECT TO THE STATUTORY JURISDICTION OF THE SURFACE TRANSPORTATION BOARD § 1108.8 Arbitration procedures. (a) The Arbitrator...
Usually in a drafting process of a contract arbitration clause is left at the end of a contract. Sometimes it happens that parties really do not wish start discussions on how should arbitration clause look like or what details should it contain, because either parties think they would never come to a conflict or they are short in time and leave arbitration clause unconsidered. Absence of proper attention when drafting arbitration clauses is likely to give rise to defective arbitration clauses...
Dalentoft, Tomas; Toftgård, Magnus
Abstract As international trade is constantly increasing, the number of disputes between international parties is greater than ever. In view of the fact that it is difficult to get court judgments recognized and enforced, arbitration has gained a great foothold in international commercial disputes. The leading international legal framework for recognition and enforcement of arbitral awards is the New York Convention of 1958 with 142 Member States as of today. It simplifies recognition and enf...
The crucial statutory provision that governs the validity of arbitration agreements in China is Article 16 of the Arbitration Law (AL), which stipulates, “An arbitration agreement shall include arbitration clauses stipulated in the contract and agreement of submission to arbitration that are in writing before or after disputes arise.” Further, “[a]n arbitration agreement shall contain the following particulars: (1) an expression of intention to arbitrate; (2) matters for arbitration; and (3) ...
This book describes 59 cases, most involving grievance arbitration, that concern a school's right to discipline a teacher or a teacher's right to a particular benefit. Selected from thousands of recent arbitration awards, many of these cases appeared in the American Arbitration Association's monthly publication "Arbitration in the Schools." Some…
This paper delivered at an international conference on arbitration and Africa in Cairo examines how arbitrators of African origin and arbitration institutions in Africa can be better utilized by those who appoint them in arbitration especially where one party in the dispute is African.
Leddy, John H.
Because strikes don't solve problems in America's public schools, arbitration is offered as the most effective alternate available. The author believes arbitration is a viable means by which teacher's legitimate demands may be protected. (Editor)
Metzloff, T B
Although the use of arbitration in the commercial arena has increased tremendously in recent years, there has been a reluctance to adopt arbitration of medical malpractice claims in place of litigation. After discussing the benefits of arbitration in medical malpractice cases, Professor Metzloff examines why the use of arbitration has not become predominant, discussing such factors as judicial hostility, failure of state statutes designed to encourage arbitration, and lack of hard evidence that arbitration works. Professor Metzloff then explores the future of arbitration in medical malpractice cases, citing examples from his own work experience with Duke Law School's Private Adjudication Center, and discusses attributes which would make malpractice arbitration successful in the future. PMID:10164669
The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms for...... arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....... withdrawing from joint municipal companies etc. The article makes a distinction between non-arbitrable incidental issues which cannot be decided by an arbitration court, and where any arbitral award which does so is nullifiable for this reason alone, and arbitrable incidental issues which can be decided by...
Roxana Maria ROBA
The expenses necessary for the unfolding arbitral process are generally higher than those incurred by the parties in the case of proceedings before national courts, reason for which arbitration is considered a "luxury justice". This study aims to analyze the content of the concept of costs within the international commercial arbitration, considering the provisions contained in the relevant regulations of the arbitration institutions and the opinions expressed by the Romanian and foreign legal...
Viegas de Freitas Monteiro, Marta
Over the past few decades, international arbitration has become the preferred means of settling commercial disputes. Its popularity is closely linked inter alia to the fact that commercial arbitration is fundamentally consensual in nature, as the disputing parties may tailor the process to suit the needs of their specific case. However, once a dispute has arisen it may be difficult to reach an agreement on the conduct of the arbitral proceedings. Hence arbitrators are, subject to party agreem...
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Arbitration. 231.14 Section 231.14 Foreign... § 231.14 Arbitration. Any controversy or claim between USAID and any noteholder arising out of this Guarantee shall be settled by arbitration to be held in Washington, DC in accordance with the...
... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Arbitration. 41.126 Section... COMMERCE PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES Contested Cases § 41.126 Arbitration. (a) Parties to a contested case may resort to binding arbitration to determine any issue in...
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Arbitration. 221.41 Section 221.41 Foreign... Administration § 221.41 Arbitration. Any controversy or claim between A.I.D. and any noteholder arising out of this Guarantee shall be settled by arbitration to be held in Washington, DC in accordance with the...
... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Arbitration. 295.42 Section... SECURITY CERRO GRANDE FIRE ASSISTANCE CERRO GRANDE FIRE ASSISTANCE Dispute Resolution § 295.42 Arbitration. (a) Initiating arbitration. A Claimant who is dissatisfied with the outcome of the...
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Arbitration. 230.14 Section 230.14 Foreign... SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUB. L. 108-11-STANDARD TERMS AND CONDITIONS § 230.14 Arbitration. Any... arbitration to be held in Washington, DC in accordance with the then prevailing rules of the...
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Arbitration. 204.41 Section 204.41 Foreign... § 204.41 Arbitration. Any controversy or claim between A.I.D. and the Lender or any Assignee arising out of this Guaranty shall be settled by arbitration to be held in Washington, DC in accordance with...
Luo, Ming-Xing; Chen, Xiu-Bo; Yun, Deng; Yang, Yi-Xian
In this paper, we propose one quantum signature scheme with a weak arbitrator to sign classical messages. This scheme can preserve the merits in the original arbitrated scheme with some entanglement resources, and provide a higher efficiency in transmission and reduction the complexity of implementation. The arbitrator is costless and only involved in the disagreement case.
... determine values. Bargaining or any other process must be based on an objective analysis of the valuation in... determine values. If arbitration occurs, it must be conducted in accordance with the real estate valuation... from the date of the arbitration decision. (b) Arbitration is limited to the disputed valuation of...
Garmire, Derrick L.; Herring, Jay R.; Stunkel, Craig B.
A method is provided for selecting a data source for transmission on one of several logical (virtual) lanes embodied in a single physical connection. Lanes are assigned to either a high priority class or to a low priority class. One of six conditions is employed to determine when re-arbitration of lane priorities is desired. When this occurs a next source for transmission is selected based on a the specification of the maximum number of high priority packets that can be sent after a lower priority transmission has been interrupted. Alternatively, a next source for transmission is selected based on a the specification of the maximum number of high priority packets that can be sent while a lower priority packet is waiting. If initialized correctly, the arbiter keeps all of the packets of a high priority packet contiguous, while allowing lower priority packets to be interrupted by the higher priority packets, but not to the point of starvation of the lower priority packets.
Russia is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The USSR was one of the original Member States to sign the Convention in 1958. There is a distinction between international and domestic arbitration. Arbitration in Russia was regulated by the Federal Law on Arbitral Tribunals in the Russian Federation (2003) (domestic arbitration) and the Federal Law on International Commercial Arbitration (1993) (international arbitration). This law w...
Roxana Maria ROBA
The action for annulment appears to be the unique means of appealing that can be exercised against the arbitration award, similar in content and effects to the recourse against judgments, though being not a devolutive appeal. As the legal nature of this means of appeal is concerned, it is determined by the conclusive feature of the arbitration award which is not likely to be appealed and may be put into force. Since in the common law procedure, such a decision can be challenged only by recour...
The arbitration is an institution that has its origins in antiquity, but especially in the middle Ages, a period in which commercial disputes were settled by the parties through a person of authority designated by them, someone with intact reputation, knowing the object of the litigation, but especially enjoying the full confidence of the parties.
... 29 Labor 4 2010-07-01 2010-07-01 false Proper use of expedited arbitration. 1404.20 Section 1404... ARBITRATION SERVICES Expedited Arbitration § 1404.20 Proper use of expedited arbitration. (a) FMCS reserves the right to cease honoring request for Expedited Arbitration if a pattern of misuse of this...
D.D. Caron; S.W. Schill; A.C. Smutny; E.E. Triantafilou
International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and
This article examines whether the establishment of a new regional arbitration institution similar to the OHADA CCJA within ECOWAS will solve the problem of states within the sub-region hosting few international arbitration references. It concludes that this will not solve this problem neither is another arbitration institution desirable within the sub-region. The article examines the harmonisation strategy adopted by OHADA; the CCJA as an arbitration institution; the remit of ECOWAS and the r...
Cao Peizhong; Zhou Yanbo
@@ The international arbitration, as a kind of the methods to resolve the disputes in the international society,is flourished in recent years. On the basis of the international arbitration's features, the jurisdiction to relevant to the political issues is omission in the session of the disputes. Increasing of the disputes express to the globalization of the economy in the world. Not only do the position of the arbitration and the parties of the cases come from the region, but also the Europe as the traditional arbitration center,replaced by the Pacific/Asia region. The reason of the trend developing for the international arbitration results from the international arbitration's feature--- the forum is neutral, treaty ensures enforcement abroad and no appeal, limited discover. Less time consuming, greater degree of the voluntary compli-ance, procedure is less costly and the result are more predictable.
Roumell, George T., Jr.
Chapter 8 in a book on school law explains some of the basic concepts of arbitration, such as how to present a grievance in an arbitration hearing, with special emphasis on particular problems that may arise in education. The chapter points out some common issues advocates of arbitration in the educational setting will confront; general arbitral…
... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Pre-arbitration and post-arbitration employment restrictions. 251.36 Section 251.36 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES...
In specific matters of conflicts of interest ethical issues in connection with the parties' legal representatives could occur in the course of arbitration proceedings. The purpose of this paper is to identify and investigate the current status of the arbitral tribunals and arbitral institutions power to sanction counsel’s misconduct in the event of conflicts of interest. Parties have a fundamental right to choose the counsel and in the same time the right to an independent and impartial tribu...
Hauberg Wilhelmsen, Louise
The thesis investigates the interface between the recast Brussels I Regulation and international commercial arbitration; it analyses the consequences of this interface; and suggests ways to address these consequences within the Union. Legal dogmatic and comparative method is used. Part II of the thesis first sets out the interface between the recast Regulation and international commercial arbitration through an analysis of the arbitration exclusion in the Regulation. Second,...
Roxana Maria ROBA
A general rule of international trade arbitration is that all the parties have to prove their affirmations. Moreover, it is a consecrated right of the arbitral tribunal to ask for any other evidence in a determined period of time. The regulations referring to the administration of evidence stipulate that these should remain at the discretion of the arbitral tribunal, which has the opportunity to apply a flexible procedure for stating the situation of fact. The efforts to eliminate the existin...
Zirkel, Perry A.
Eighteen suggestions for reducing or even preventing grievance arbitration costs are detailed under negotiating the contract, administering the contract, and preparing for arbitration categories. (KS)
Full Text Available Russia is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The USSR was one of the original Member States to sign the Convention in 1958. There is a distinction between international and domestic arbitration. Arbitration in Russia was regulated by the Federal Law on Arbitral Tribunals in the Russian Federation (2003 (domestic arbitration and the Federal Law on International Commercial Arbitration (1993 (international arbitration. This law was drafted on the basis of the UNCITRAL Model Law on International Commercial Arbitration.
Due to the plethora of international elements of a contract to arbitrate, i.e. nationalities of the parties, nature of the transaction and the legal background of the arbitrator, questions of law applicable to the substance of the dispute are always at stake. In the course of arbitral proceedings, issues of law applicable to the arbitral dispute are raised after a concise examination of the law applicable to the arbitration agreement, namely whether the parties have consented to arbitrate the...
Full Text Available In specific matters of conflicts of interest ethical issues in connection with the parties' legal representatives could occur in the course of arbitration proceedings. The purpose of this paper is to identify and investigate the current status of the arbitral tribunals and arbitral institutions power to sanction counsel’s misconduct in the event of conflicts of interest. Parties have a fundamental right to choose the counsel and in the same time the right to an independent and impartial tribunal, therefore the source of the arbitral tribunal power to disqualify a counsel is a hot topic. There are no express provisions granting arbitrators such power, only soft law instruments, but which have no binding effect as long as the parties do not agree on them. For these reasons, two renowned cases where international arbitral tribunals have dealt with the subject are examined. Developing “truly transnational” ethical rules and their implementation by the arbitral institutions might be a solution. Arbitral tribunals are establishing this issue on the basis of the undertaken and applied international soft law (professional guidelines which gained credibility and popularity and also became accepted international standards in the arbitration field.
Zeng, G; Zeng, Guihua; Keitel, Christoph H.
The general principle for a quantum signature scheme is proposed and investigated based on ideas from classical signature schemes and quantum cryptography. The suggested algorithm is implemented by a symmetrical quantum key cryptosystem and Greenberger-Horne-Zeilinger (GHZ) triplet states and relies on the availability of an arbitrator. We can guarantee the unconditional security of the algorithm, mostly due to the correlation of the GHZ triplet states and the use of quantum one-time pads.
Hauberg Wilhelmsen, Louise
uniform rule on the law applicable to the existence and validity of an arbitration agreement. This article examines these issues in order to find out whether they are only European or also inherent in the international regulation of international commercial arbitration. The article examines to which...
... may consider relevant. (b) After January 1, 1998, and every two years thereafter, the Librarian of..., submitted to the Librarian from at least three professional arbitration associations or organizations. The.... With respect to persons on the arbitrator list, the Librarian will make available for copying...
Nasstrom, Roy R.; Walden, Everett
Examines two statewide arbitration decisions between the state of Minnesota and the Minnesota Community College Faculty Association. Describes the effects of the arbitration awards on state politics and on the allocation of state funds to the rest of higher education. (RW)
Hart, Jacob B.
Discusses the central issues in arbitration arising from employee grievances. Stresses the differences between arbitration and courtroom trials, including selection of the judge by the parties involved and narrow scope of review. Concentrates on tactics for management. Available from American Law Institute-American Bar Association Committee on…
... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Nonbinding arbitration. 3288.40... Program in HUD-Administered States § 3288.40 Nonbinding arbitration. (a) When initiated. (1) If, following... days of the expiration of the deadline applicable under § 3288.35(b), initiate nonbinding...
Settenbrino, Susan D.
When big businesses enter into mandatory arbitration agreements with consumers, the large companies typically tout the fairness while the individual is left feeling cheated. Now that mandatory arbitration clauses are finding their way into more and more contracts signed by school systems, school boards and district administrators are realizing…
Seitz, Reynolds C.
The review of grievance arbitration awards in public education constitutes the topic of this second chapter in a book on school law. A discussion of landmark cases outside of education underscores the general principles that have motivated courts to undertake review of arbitration awards. Supreme Court decisions in three cases known as the…
Jelena Perović; Milena Đorđević
The paper presents a brief overview of selected arbitration-related issues (legal framework for arbitration, different types of arbitration, arbitration agreement, arbitrators, seat of arbitration, law applicable to the arbi- tration proceedings and merits, arbitration award, costs), in light of con- temporary arbitration trends and practices and with special emphasis on Serbian legislation and existing arbitral practice in Serbia. Further- more, it provides readers with drafting consideratio...
Dickenson, David L.
Two widely used forms of arbitration are conventional arbitration, in which the arbitrator makes an unconstrained settlement choice, and final-offer arbitration, in which the arbitrator must choose between disputants' final offers. Under an innovative, as yet unused approach called 'combined arbitration,' if the arbitrator's notion of a fair settlement lies between the disputants' final offers, final-offer arbitration rules are used; otherwise, conventional arbitration rules are used. Theoret...
Hauberg Wilhelmsen, Louise
Justice (ECJ) in the West Tankers case. The predominant interpretation of the existing exclusion of arbitration from the scope of the Regulation entails that a judgment disregarding or breaching an arbitration agreement will circulate in the European Union according to the rules of the Regulation. This......The revision of the Brussels I Regulation has come to an end. During the revision process the exclusion of arbitration from the scope of the Regulation has been much debated. This debate was not only ignited by the revision of the Regulation, but also by the decision of the European Court of...... entails an increased risk of parallel proceedings and conflicting decisions because the parties race to pursue both court litigation and arbitration proceedings. These implications have not been amended by the recast Regulation, which keeps the existing exclusion of arbitration from the scope of the...
... 29 Labor 4 2010-07-01 2010-07-01 false Arbitration of pesticide data disputes. 1440.1 Section 1440... ARBITRATION OF PESTICIDE DATA DISPUTES § 1440.1 Arbitration of pesticide data disputes. (a) Persons requesting... in writing to the appropriate American Arbitration Association Regional Office. Such requests...
... 7 Agriculture 8 2010-01-01 2010-01-01 false Application for arbitration. 900.110 Section 900.110... Application for arbitration. An application for arbitration by a cooperative shall be in writing and shall... time and place for arbitration hearing. The applicant shall send a copy of the application to...
... 40 Protection of Environment 18 2010-07-01 2010-07-01 false Arbitration Rules II Appendix II to... Subpart V of Part 85—Arbitration Rules Part A—Pre-Hearing Section 1: Initiation of Arbitration Either party may commence an arbitration under these rules by filing at any regional office of the...
Develops and analyzes a model of Tax Court litigation, in which each side possesses private information regarding the facts under dispute. Characterizes equilibrium behavior for both conventional and final-offer arbitration. Compares the results of the two arbitration methods, both in terms of the probability that the parties will agree to binding arbitration and the outcomes of the two arbitration methods.
... 29 Labor 9 2010-07-01 2010-07-01 false Initiation of arbitration. 4221.3 Section 4221.3 Labor... MULTIEMPLOYER PLANS ARBITRATION OF DISPUTES IN MULTIEMPLOYER PLANS § 4221.3 Initiation of arbitration. (a) Time limits—in general. Arbitration of a withdrawal liability dispute may be initiated within the time...
... 46 Shipping 9 2010-10-01 2010-10-01 false Conduct of arbitration proceedings. 502.408 Section 502... PROCEDURE Alternative Dispute Resolution § 502.408 Conduct of arbitration proceedings. (a) The arbitrator... should be apportioned. (c)(1) The parties to the arbitration are entitled to be heard, to...
... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Arbitration (Rule 605... Stipulations § 385.605 Arbitration (Rule 605). (a) Authorization of arbitration. (1) The participants may at any time submit a written proposal to use binding arbitration under the provisions of Rule 605...
... 29 Labor 9 2010-07-01 2010-07-01 false PBGC-approved arbitration procedures. 4221.14 Section 4221... LIABILITY FOR MULTIEMPLOYER PLANS ARBITRATION OF DISPUTES IN MULTIEMPLOYER PLANS § 4221.14 PBGC-approved arbitration procedures. (a) Use of PBGC-approved arbitration procedures. In lieu of the procedures...
... Labor Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE ARBITRATION SERVICES Procedures for Arbitration Services § 1404.15 Fees and charges of arbitrators. (a) Fees to Parties... administration of a particular case, the arbitrator may charge an administrative fee. This fee shall be...
... arbitrators. 251.30 Section 251.30 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF... they are violating the law or the ethical standards set forth in this subpart. (9) Arbitrators...
Savchenko M. S.
Full Text Available In this article we consider the problem of arbitration proceedings and suggest ways to address them. The peculiarities of the arbitration dispute resolution, allowing closer to understanding the nature and the legal nature of the arbitration court. The article analyzes the status of arbitrators in terms of law reform, the conclusion about the absence of common requirements that apply to this post. The attention focused on the absence of liability for breach of arbitrators order arbitration proceedings and the need to introduce. The article also highlights changes in the rights of legal entities to create permanent arbitration courts and analyzes the feasibility of such restrictions. Special attention is paid to the problem of creating "pocket" courts, which hamper the development of mechanisms for alternative ways of resolving civil disputes. A comparative analysis of established practices of arbitration courts in countries such as Brazil, Canada and the United States has been provided. We offer adding certain provisions of the legislation of these countries to the Russian legislation in order to improve the institution of arbitration proceedings. The authors highlight some trends in the development of the current legislation regulating the activities of the arbitration courts of relevance in today's economy
Commercial arbitration is growing in importance in the modern world. People often use arbitration to ensure adjudication by an expert in the field and although arbitration may not always be quicker, its importance continues to grow especially in international commercial disputes.1 Effective arbitration procedures will have positive consequences for the economical and political relationships between countries.2 The Arbitration Act 42 of 1965 might have sufficed in the past, but as internati...
Arbitration is consensual by nature. Therefore, arbitration agreement is usually binding on the parties privy to the contract containing the arbitration clause. Nevertheless, general principles of contract law allow for extension of an arbitration clause to third parties only if free, knowing and complete consent of such party to arbitrate is established. It is difficult to tailor this rule to the situation when a bill of lading issued under a charterparty contains a reference clause, which b...
Maniruzzaman, Munir; Almutawa, Ahmed M.
This article aims to provide an overview and appraisal of the developments of international arbitration in Dubai. Dubai, beacon for the growth of international arbitration in the Cooperation Council for the Arab States of the Gulf [hereinafter referred to as the Cooperation Council (GCC)], is on the verge of achieving its goal of becoming an international centre of arbitration. As such, a closer look is necessary regarding the growing role of the Dubai International Financial Centre (hereinaf...
International commercial arbitration is the de facto method of solving disputes between corporations. Multi-party and multi-contract arbitration situations have increased significantly in recent years, which has led to arbitration institutes creating new mechanisms to increase efficiency in such situations. However, these new rules have not been studied in-depth and compared to each other, to ascertain possible similarities, dissimilarities, and common requirements. This thesis examines joind...
Diana - Loredana HOGAŞ
Full Text Available The principle of confidentiality is one of the highlights of the institution of arbitration. Its application is not uniform in the national legislation. The parties to an arbitration agreement may experience various unpleasant situations such as unwanted disclosure of issues they wanted to keep secret, although they had relied on the fact that the private nature of arbitration would protect them from prying eyes and unwanted third parties. In this article we take a brief foray into national and international legislation, analyzing the way in which the principle of confidentiality is applied.
Hartley, Trevor C.
This article considers the effect of the Brussels I Regulation on the arbitration process in EU Member States. The Regulation says that it does not apply to arbitration, but it is unclear exactly what is excluded by this provision. The article first considers this question; it then discusses asset-freezing orders and antisuit injunctions in aid of arbitration and the granting of damages for bringing court proceedings before a court which, in the eyes of the court asked to grant the damages, o...
Full Text Available The propagation of utilization of arbitration as a method of dispute resolution depends on the public confidence in the method. In this regard, the independence of arbitrators and their impartiality are necessary conditions for the realization of such confidence. Independence and impartiality of arbitrators ensure a fair trial in arbitration and the lack of aforementioned features makes it impossible to trust the fairness of the dispute settlement process and its result. The importance of confidence in the health of the dispute settlement system is to the extent that many international instruments have frequently emphasised on the necessity of the two above-mentioned features. In the recent decade, contemporaneous with the incredible development of arbitration, the debate over independence and impartiality of arbitrator has become important and controversial because neither national laws nor international provisions provide a clear difinition of the said concepts. This article set out to explain the exact point that the independence and impartiality are distinct concepts and are not interchangeable with each other; Independence is concerned with the relationships between the arbitrator and disputing parties, while impartiality considers the arbitrator's conduct over the equal treatment with the parties. The aforesaid distinction includes such a legal effect that each of these two concepts shall be considered as an autonomous and separate cause for challenging arbitrators.
Lookofsky, Joseph; Hertz, Ketilbjørn
Transnational Litigation and Commercial Arbitration is a case-oriented study of the key rules and procedures which regulate the resolution of commercial disputes arising in a transnational context. The study explains and compares European and American rules of private international and procedural...... law. Each case is introduced both by a paradigm model, emphasizing and simplifying the key operative facts, as well as by a doctrinal presentation of the main issues and sources of American, European, or international law concerned. The court decisions themselves are all extensively edited and...... annotated by the authors. This 3rd Edition, which has been completely revised and updated, takes account of recent developments in American law, as well as the Rome I and II Regulations, effective within the European Union as of 2009....
ZHAO Xiuwen; Lisa A.Kloppenberg
In the last 50 years Chinese arbitration law and practices has made significant contributions to the international commercial arbitration and strides to manage the rapidly increasing caseload associated with a period of amazing growth in economic interactions between Chinese and non-Chinese parties. In the global economy there are rooms for further improvement.The paper proposed some ideas on reforming the Chinese arbitration law and practices on the arbitration system regarding the ad hoc arbitration,panel system and tribunal jurisdiction,interim measures of protection,as well as standards for the judicial review on the arbitral awards.
This conference which held at the premises of the African Union Commission, Addis Ababa on 23 July 2015 examined the functions of arbitration institutions in Africa. The conferenced discussions focused on sharing experiences by users and providers for the effective administration of arbitration references in the continent. The conference was organised by Dr Emilia Onyema of the School of Law, SOAS.
Neal, Richard G.
Arbitration can be a way to settle employee grievances efficiently and fairly. Count on spending five or six hours in preparation for each hour spent with the arbitrator. Presents strategies for meticulous preparation. (MLF)
Donaldson, Richard P.
In this symposium report it is suggested that arbitration can be used to avoid litigation of ERISA pension and welfare benefit claims if the negotiated plan or related collective bargaining agreement provides for arbitration or benefit disputes. (Author/LBH)
At a time when international arbitration is gaining increasing popularity with transnational businesses, there is general agreement that, among the principal advantages of arbitration as a method of dispute resolution, confidentiality is one of the most attractive selling points.
Owens, Stephen D.
Selected arbitration cases illustrate the dilemma facing the arbitrator when employment practices that violate both the collective bargaining agreement and Title VII must be resolved. Problems in dealing with race and sex discrimination are discussed. (LBH)
This article deals with the current problems concerning international arbitration in Japan. This article overviews some of the cases since Japan's Arbitration Act came into force about a decade ago and reveals practical problems in its application.
Securing a favourable award from a foreign or domestic arbitral court proves to be in many cases only half the battle. As a rule, Romanian law and courts acknowledge the final, binding and enforceable nature of arbitration awards and state the principle that arbitration awards shall be freely implemented by parties. However, there are instances where the unsuccessful party does not voluntarily perform the obligations arising from the arbitral award. In these cases, before incurring legal expe...
My presentation examined the involvement of national courts in arbitration and how Caribbean member States of the Organisation of American States (OAS) can make themselves more attractive as choice of seat in international arbitration.
... 29 Labor 9 2010-07-01 2010-07-01 false Arbitration or other agency proceedings. 1977.18 Section... OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 Procedures § 1977.18 Arbitration or other agency proceedings. (a... under grievance arbitration proceedings in collective bargaining agreements. In addition,...
...\\ Assessment of Mediation and Arbitration Procedures, 75 FR 52054. \\4\\ Assessment of Mediation and Arbitration... Resolution, 60 FR 19494, 19499-500 (April 19, 1995) (codified at 18 CFR 385.605 (Rule 605)) (describing FERC... and Arbitration Procedures AGENCY: Surface Transportation Board, DOT. ACTION: Final rules....
... 29 Labor 9 2010-07-01 2010-07-01 false Arbitration or other proceedings. 1978.112 Section 1978.112... ACT OF 1982 (STAA) Rules of Procedure Miscellaneous Provisions § 1978.112 Arbitration or other... remedies under grievance arbitration proceedings in collective bargaining agreements. In addition,...
... Copyright Office 37 CFR Part 251 Copyright Arbitration Royalty Panel Rules and Procedures AGENCY: Copyright... making an amendment to its regulations by removing Part 251 Copyright Arbitration Royalty Panel Rules of Procedure. In 2004, Congress replaced the Copyright Arbitration Royalty Panels with three Copyright...
... 49 Transportation 8 2010-10-01 2010-10-01 false Appeals from arbitration decisions. 1109.2 Section... PROCEEDINGS AND THOSE IN WHICH THE BOARD IS A PARTY § 1109.2 Appeals from arbitration decisions. Appeals are.... Arbitration awards can be challenged on the basis that they do not take their essence from the...
... 4 Accounts 1 2010-01-01 2010-01-01 false Review of arbitration awards. 28.124 Section 28.124... ACCOUNTABILITY OFFICE Special Procedures; Unfair Labor Practices § 28.124 Review of arbitration awards. (a) Filing an exception. (1) Either party to arbitration, conducted pursuant to a grievance procedure under...
... Surface Transportation Board Assessment of Mediation and Arbitration Procedures AGENCY: Surface... matters relating to the use of mediation and arbitration as effective means of resolving disputes that are... mediation and arbitration in the resolution of disputes. If so, the proposed changes or new rules would...
Comments made on the text of a working draft law for a new arbitration regime in Jamaica. I argue in my comments that Jamaica should adapt the UNCITRAL Model Law on International Commercial Arbitration and use this text as the basis for its new arbitration law.
... 49 Transportation 8 2010-10-01 2010-10-01 false Petitions to review arbitration decisions. 1115.8... review arbitration decisions. An appeal of right is permitted. The appeal must be filed within 20 days of a final arbitration decision, unless a later date is authorized by the Board, and is subject to...
... 49 Transportation 8 2010-10-01 2010-10-01 false Matters subject to arbitration. 1108.3 Section... BOARD, DEPARTMENT OF TRANSPORTATION RULES OF PRACTICE ARBITRATION OF CERTAIN DISPUTES SUBJECT TO THE STATUTORY JURISDICTION OF THE SURFACE TRANSPORTATION BOARD § 1108.3 Matters subject to arbitration. (a)...
... Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE ARBITRATION SERVICES Procedures for Arbitration Services § 1404.11 Nominations of arbitrators. (a) The parties may also report a... directly without any further case tracking by FMCS. No case number will be assigned. (b) All...
DeFigio, Nicholas F.; And Others
Arbitration decisions resulting from school district disciplinary actions and professional employee grievances are studied to determine the extent to which school district decisions are upheld by arbitrators, and to identify factors for the support, modification, or contest of a district decision. Data sources are 333 arbitration cases from 27…
... COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Organization § 251.4 Arbitrator lists: Objections. (a) In the case of a rate adjustment proceeding... be objectionable. (b) In the case of a royalty distribution proceeding, any party to the...
Ana Carolina Donoso Bustamante
It is a study of comparative law between the Arbitration Rules of the United Nations Commission for International Trade Law (UNCITRAL), specifically established in the Arbitration Rules, and the arbitration in Ecuadorian system. The paper first defines the concept of arbitration, international arbitration differentiating domestic arbitration. In a second time, there are a historical reference both as an institution and the UNCITRAL Arbitration Rules. Following, the author show a background st...
An effective commercial arbitration regime matters for foreign investors. It gives parties the autonomy to create a dispute resolution system tailored to increasingly complex disputes. Foreign investors view arbitration as a way to mitigate risks by providing legal certainty on enforcement rights, due process, and access to justice. The Arbitrating and Mediating Disputes indicators assess ...
This article investigates two questions that may arise in Australian proceedings for the enforcement of a foreign arbitral award where the award-debtor is not named in the relevant arbitration agreement and asserts that it is not a party to that agreement. The first question that may be contested in those circumstances is whether the award-debtor is for some reason precluded from denying its privity to the relevant arbitration agreement. Where this is not the case, the allocation of the onus ...
This paper presents the Code of Conduct for arbitrators in CETA, which will apply to investor-state dispute settlement initiated under Comprehensive Economic and Trade Agreement concluded between the European Union and Canada. The Code of Conduct for arbitrators constitutes an innovation in investment treaties, especially taking into account that it is said to be binding. Therefore, in this article the provisions of the Code as well as its role and significance will be examined to assess whet...
The formulation of legal norms is greatly conditioned not only by different juridical systems and drafting traditions, but also by specific linguistic features and socio-cultural aspects. The paper investigates this issue by taking into consideration provisions concerning commercial arbitration in an Asian country. The text selected for our analysis is The People’s Republic of China Arbitration Law 1994 (PRCAL, for short). This law can be considered a highly important step in the development ...
... 29 Labor 4 2010-07-01 2010-07-01 false Procedures for requesting arbitration lists and panels... CONCILIATION SERVICE ARBITRATION SERVICES Procedures for Arbitration Services § 1404.9 Procedures for requesting arbitration lists and panels. (a) The Office of Arbitration Services (OAS) has been delegated...
... procedures; approval of binding arbitration. 2471.6 Section 2471.6 Administrative Personnel FEDERAL LABOR... procedures; approval of binding arbitration. (a) Upon receipt of a request for consideration of an impasse... arbitration or mediation-arbitration (by a Panel designee or a private arbitrator). Following procedures...
Zou, Xiangfu; Qiu, Daowen; Mateus, Paulo
Very recently, an arbitrated quantum signature (AQS) scheme of classical message with an untrusted arbitrator was presented (Yang et al. in Eur. Phys. J., D, At. Mol. Opt. Plasma Phys. 61(3):773-778, 2011). In this paper, the security of the AQS scheme with an untrusted arbitrator is analyzed. An AQS scheme with an untrusted arbitrator should satisfy the unforgeable property and undeniable property. In particular, the malicious verifier can not modify a message and its signature to produce a new message with a valid signature, and the dishonest signer who really has sent the message to the verifier which the verifier accepted as an authentic one cannot later deny having sent this message. However, we show that, in the AQS scheme with an untrusted arbitrator, the dishonest signer can successfully disavow his/her signature and the malicious verifier can counterfeit a valued signature for any message by known message attack when he has received a message-signature pair. Then, we suggest an improved AQS scheme of classical message with an untrusted arbitrator which can solve effectively the two problems raised above. Furthermore, we prove the security of the improved scheme.
Advice about the role of the superintendent in the grievance and arbitration process: Be sure you are not violating the teachers' contract; check past practice; examine the basis of your decision; work closely with the school board's attorney; and plan for future related questions. (MLF)
Ecker, Charles I.
The author contends that districts should reject binding interest arbitration as a means of resolving an impasse in contract negotiations, charging that it hampers good faith bargaining, adversely affects fiscal and operational management of the school system, and diminishes the governing role of the board of education. (MJL)
Full Text Available The article considers the different concepts of discovery of evidence, which exist under different legal jurisdictions, with their theoretical analysis to determine the feasibility and rationality of the application of the discovery mechanisms in the frameworks of international commercial arbitration and its fundamental principles.
Singer, David, Jr.
Arbitration is an effective way to resolve disagreements between school systems and their employee unions. A practicing arbitrator offers some suggestions that encourage the best use of the arbitration process. (MLF)
This book offers a series of commentaries on noteworthy arbitral awards and court decisions on arbitration. All contributions focus on the practice of arbitration. Influential authors with proven arbitration experience share their insights on celebrated and less well-known cases, drawn from various countries, various arbitration institutions and including both commercial and investment arbitration. This collection of essays celebrates the work and scholarship of Hans Van Houtte, who has ...
Fernández Rozas, José Carlos
Its autonomy, non-national character and non territorial nature are among the leading features of present international arbitration. These features are linked to an unprecedented development of international arbitration as a reality independent of domestic arbitration. At the same time that trend has fostered the convergence with some forms of arbitrations ruled by international law. This evolution stresses some opposition in the development of arbitration: internal arbitration versus interna...
Full Text Available
Online arbitration as an emerging method for resolving disputes has variable forms. Within the system, the storage and exchange of the evidence depends greatly on the system environment and the authenticity of the evidence is easily damaged. This paper compares the differences between online arbitration rules of evidence and civil rules of evidence. Then the author analyzes the flaws of online arbitration rules of evidence and proposes ideas of improvement. At last the author summarizes the feature and uniqueness of online arbitration and gives some detailed suggestions from the perspective of technical protection, collection evidence rules as well as supporting measures to online arbitration.
Key words: Online arbitration; Rules of evidence; Electronic evidence
Full Text Available The Brussels regime, which regulates the matters of transnational litigation excludes arbitration from its scope. Upon formation of the Brussels regime the existing instruments concerning arbitration - the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards and the 1961 European Convention on International Commercial Arbitration - were believed to be sufficient. The original Brussels Convention 1968 on recognition and enforcement of judgments delivered in the courts of the EU Member States expressly provided for the exclusion of arbitration. The following Brussels I Regulation followed the trend and reinforced the exclusion of arbitration from their material scopes. The rationale for doing so was primarily the prevention of parallel proceedings and irreconcilable judgments. The arbitration exclusion from the Brussels regime has caused a fair amount of confusion, especially regarding the extent and limits of the exclusion. That is, whether the arbitration agreement, the arbitral award and its consequences are covered by the exclusion or they may fall under the scope of the Brussels regulation if they constitute only an incidental question to the main cause of action? The confusion was illustrated in the ECJ judgment West Tankers, which generated negative feedback from the arbitration community and indicated the need for reform. The recently adopted Recast Regulation took it upon itself to clarify the relationship between arbitration and the EU regime of transnational litigation. The exclusion is reinforced ye again and its boundaries are specified in the Preamble. However, whether or not the concerns about the extent and objectives of arbitration exclusion have been at present eliminated, remains to be seen.
Egill Daði Ólafsson 1984
With arbitration becoming a common way of solving international commercial disputes, issues not considered capable of being arbitrated are diminishing. Arbitrators are therefore not prohibited from applying various mandatory rules, including European competition law, to a certain extent. When concluding an agreement, parties must have regard to competition law issues to make sure that the agreement is not contrary to those principles. These two different legal fields are therefore bound to in...
This thesis was submitted for the degree of Doctor of Philosophy and awarded by Brunel University on 10 March 2009. This thesis examines various issues of arbitration law and practice in relation to the Islamic Shari’a law and the law of Saudi Arabia in general, and for arbitration in conventional banking disputes in particular. The thesis found that the Shari’a regulates arbitration tightly compared to other contemporary developments as no fundamental differences were found to exist betwe...
Choi, Stephen J.; Theodore Eisenberg
This article provides the first empirical analysis of punitive damages in securities arbitrations. Using a data set of over 6,800 securities arbitration awards, we find that claimants prevailed in 48.9 percent of arbitrations and that 9.1 percent of those claimant victories included a punitive damages award. The existence of a punitive damages award was associated with claims that suggested egregious misbehavior and with claims that provided higher compensatory awards. The pattern of punitive...
Roxana Maria ROBA
The institution of the international commercial arbitration is continuously expanding, preferred by the majority of the business parteners worldwide as a way of resolving their ongoing issues. Although arbitration is characterized by flexibility, certain fundamental principles which ought to be respected, are provided by most legislations and statutes of the arbitration institutions. The purpose of the study is to analyze these principles, as provided by internal and international regulations.
Karacan Baklacı, Pınar; Akıntürk, Esen
When foreign investors consider investment, the possibility of international commercial arbitration and the recognition and enforcement of foreign arbitral awards in the home country where the investment will take place can be a major factor to effect investment decision. This article aims to discuss the Turkish legal framework, domestic and international, of international commercial arbitration for foreign investors willing to invest in Turkey. In this study, subsequent to the definition of ...
When the host state does not comply with an investment arbitral award, the investor may seek to enforce it in another state. Given that the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, both of which have been ratified by nearly 150 states, obligate contracting states to enforce arbitral awards, these Conventions might be assumed to c...
Ana Carolina Donoso Bustamante
Full Text Available It is a study of comparative law between the Arbitration Rules of the United Nations Commission for International Trade Law (UNCITRAL, specifically established in the Arbitration Rules, and the arbitration in Ecuadorian system. The paper first defines the concept of arbitration, international arbitration differentiating domestic arbitration. In a second time, there are a historical reference both as an institution and the UNCITRAL Arbitration Rules. Following, the author show a background study, Arbitration and Mediation Ecuadorian Law. Finally appears the comparation between the two systems, with the resulting conclusions.
David H Denton QC; Michael Heaton QC
With the passing of the Commercial Arbitration Act 2011 (Vic) and similar Acts in all other States of Australia the opportunities for domestic commercial arbitration to really take hold appears now to be high.This article examines what may be seen to be seven benefits arising under the new Commercial Arbitration Act 2011, namely:(a) privacy and confidentiality;(b) efficiency;(c) specialist expertise;(d) informality;(e) the ability of the arbitral tribunal to exer...
Seyed Mohammad Tabatabaei Nejad
For decades, the approach of legal systems towards private arbitration in competition law has been characterized by a certain mistrust or suspicion. Initially, this attitude may somehow have been linked to the uncertainty as to the arbitrability of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. In fact arbitration is a mechanism for pursuing a balance between the conflicts of parties’ demands. However during the t...
Growing businesses and the large number of transactions involved in conducting a business tend to give rise to conflicts among the parties involved in a transaction. Human society has evolved in a way to cope with these disputes by creating law and order bodies. An Intelligent Arbitrator Associate (IAA) that works with and helps the law enforcement and law adjudication authorities to resolve disputes that arise due to commerce conducted over the Internet is presented in this paper. The infras...
Growing businesses and the large number of transactions involved in conducting a business tend to give rise to conflicts among the parties involved in a transaction. Human society has evolved in a way to cope withthese disputes by creating law and order bodies. An Intelligent Arbitrator Associate (IAA) that works with and helps the law enforcement and law adjudication authorities to resolve disputes that arise due to commerce conducted over the Internet is presented in this paper. The infrast...
Roxana Maria ROBA
In a concise formula, lex mercatoria has been defined as being a category of international law, separate from any national legislation, and which stems from, and applies to international commercial transactions. Although the notion of lex mercatoria does not have a well-defined content it is still accepted in the practice of international commercial arbitration. This study intends to analyze the concept of lex mercatoria as well as its application in the jurisprudence of international commerc...
At the core of the nuclear non-proliferation regime lie international agreements. These agreements include, inter alia, the Nuclear Non-proliferation Treaty, nuclear co-operation agreements and nuclear export control agreements.1 States, however, do not always comply with their obligations under these agreements. In response, commentators have proposed various enforcement mechanisms to promote compliance. The inconvenient truth, however, is that states are generally unwilling to consent to enforcement mechanisms concerning issues as critical to national security as nuclear non-proliferation.3 This article suggests an alternative solution to the non-compliance problem: interpretation mechanisms. Although an interpretation mechanism does not have the teeth of an enforcement mechanism, it can induce compliance by providing an authoritative interpretation of a legal obligation. Interpretation mechanisms would help solve the non-compliance problem because, as this article shows, in many cases of alleged non-compliance with a non-proliferation agreement, the fundamental problem has been the lack of an authoritative interpretation of the agreement, not the lack of an enforcement mechanism. Specifically, this article proposes arbitration as the proper interpretation mechanism for non-proliferation agreements. It advocates the establishment of a 'Nuclear Arbitration Centre' as an independent branch of the International Atomic Energy Agency (IAEA), and recommends the gradual introduction of arbitration clauses into the texts of non-proliferation agreements. Section I begins with a discussion of international agreements in general and the importance of interpretation and enforcement mechanisms. Section II then discusses nuclear non-proliferation agreements and their lack of interpretation and enforcement mechanisms. Section III examines seven case studies of alleged non-compliance with non-proliferation agreements in order to show that the main problem in many cases
... Arbitration Procedures, 75 FR 52,054. The Board received input and issued a decision proposing new regulations..., 77 FR 19,591. The Board sought comments on the proposed regulations by May 17, 2012, and replies by... Surface Transportation Board Assessment of Mediation and Arbitration Procedures AGENCY:...
... of information described below and in greater detail at 77 FR 19,591 is necessary for the proper... FR 19,591). The Board favors the resolution of disputes through the use of mediation and arbitration... Surface Transportation Board 49 CFR Parts 1108 and 1109 Assessment of Mediation and Arbitration...
Full Text Available Securing a favourable award from a foreign or domestic arbitral court proves to be in many cases only half the battle. As a rule, Romanian law and courts acknowledge the final, binding and enforceable nature of arbitration awards and state the principle that arbitration awards shall be freely implemented by parties. However, there are instances where the unsuccessful party does not voluntarily perform the obligations arising from the arbitral award. In these cases, before incurring legal expenses on formal enforcement procedures, it is worth attempting several informal or indirect means of persuading the other party to honour its duties. If the opposing party still refuses to comply with the award, one may resort to an ordinary enforcement procedure. In Romania, enforcement procedures may be conducted by judicial executors only after the arbitral award is rendered enforceable by a domestic court of law. As in most developed states, the vast majority of Romanian courts have enforced both domestic and foreign arbitral awards. Although there are certain instances when arbitral awards have been denied enforcement, these are the exception rather than the rule because under Romanian law the right of refusal to comply with the arbitral award shall be exerted only through an action of annulment for limited reasons.
Arbitration clauses in contracts between health care providers and their patients can offer benefits to both parties. However, practitioners need to ensure that their contracts will not be judged unenforceable by a court. This article outlines the contractual and constitutional issues involved in arbitration agreements and provides advice to practitioners on drafting such an agreement. PMID:10662267
... under § 1108.5(a) and set forth in 49 CFR 1002.2(f)(87). Each complaint served on a defendant shall be... 49 Transportation 8 2010-10-01 2010-10-01 false Arbitration commencement procedures. 1108.7... TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION RULES OF PRACTICE ARBITRATION OF CERTAIN DISPUTES SUBJECT...
Long, Gary; Feuille, Peter
A case study on final offer arbitration experiences in Eugene, Oregon, is presented and discussed. Basic criticisms leveled against the final-offer system are opposed by the authors and evidence is given in support of the use of final-offer arbitration. (DS)
Delaney, John Thomas
Using a behavioral theory of bargaining, the authors examined data sets from Illinois and Iowa school districts and from a national sample of teachers. Results suggest that strike use and the availability of arbitration and the right to strike affect teacher salaries, while arbitration use does not. (Author/SK)
... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Appointment of Arbitrator. 304.22 Section 304.22 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS ARBITRATION PROCEDURES FOR SMALL SUPERFUND COST...
A family of authentication codes with arbitration is constructed from unitary geome-try,the parameters and the probabilities of deceptions of the codes are also computed. In a spe-cial case a perfect authentication code with arbitration is ohtalned.
... arbitrator, the Service will appoint an arbitrator in accordance with 29 CFR 1440.1 (a) and these rules... as otherwise herein provided, and shall bear the caption of the case and the docket number. At the... parties, or specified by law, no later than thirty days from the date of closing the hearings, or if...
Li, Qin; Li, Chengqing; Long, Dongyang; Chan, Wai Hong; Wang, Changji
In this paper, an efficient arbitrated quantum signature scheme is proposed by combining quantum cryptographic techniques and some ideas in classical cryptography. In the presented scheme, the signatory and the receiver can share a long-term secret key with the arbitrator by utilizing the key together with a random number. While in previous quantum signature schemes, the key shared between the signatory and the arbitrator or between the receiver and the arbitrator could be used only once, and thus each time when a signatory needs to sign, the signatory and the receiver have to obtain a new key shared with the arbitrator through a quantum key distribution protocol. Detailed theoretical analysis shows that the proposed scheme is efficient and provably secure.
... Arbitration Royalty Panels. 251.2 Section 251.2 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Organization § 251.2 Purpose of Copyright Arbitration Royalty Panels....
... and arbitration awards. 49.108-5 Section 49.108-5 Federal Acquisition Regulations System FEDERAL... judgments and arbitration awards. (a) When a subcontractor obtains a final judgment against a prime... arbitration under any applicable law or contract provision, the TCO shall recognize the arbitration award...
... Arbitration Royalty Panels. 251.7 Section 251.7 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Organization § 251.7 Actions of Copyright Arbitration Royalty Panels....
... arbitration panels. 251.54 Section 251.54 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.54 Assessment of costs...
... arbitration awards. 1.335 Section 1.335 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK... Arbitration Awards § 1.335 Filing of notice of arbitration awards. (a) Written notice of any award by an... the inventor and patent owner, and the names and addresses of the parties to the arbitration....
... SERVICE ARBITRATION SERVICES Procedures for Arbitration Services § 1404.12 Selection by parties and... selection of an arbitrator or of the decision not to proceed with arbitration. Upon notification of the... or her willingness to serve. If the parties settle a case prior to the hearing, the parties...
As its Council Member I attended the ICC Institute of World Business Law’s 32nd annual meeting on ‘Third-Party Funding in International Arbitration’ held in Paris on 26 November 2012. It was a grand success as it drew many professionals, arbitrators, experts, academic specialists and, above all, representatives from some major third-party funding bodies such as Burford Group Ltd., Calunius Capital LLP, Fulbrook Management LLC and others, and the discussion and debates generated a great deal o...
Choi, Jeong Woon; Hong, Dowon
Until now, there have been developed many arbitrated quantum signature schemes implemented with a help of a trusted third party. In order to guarantee the unconditional security, most of them take advantage of the optimal quantum one-time encryption method based on Pauli operators. However, we in this paper point out that the previous schemes only provides a security against total break and actually show that there exists a simple existential forgery attack to validly modify the transmitted pair of message and signature. In addition, we also provide a simple method to recover the security against the proposed attack.
This is the fifth of a series of briefings which discuss the sustainable development issues raised by legal arrangements for the protection of foreign investment. The briefings are based on legal research by IIED and its partners. The goal is to provide accessible but accurate information for human rights, development and environmental organisations working on issues raised by foreign investment in low- and middle-income countries. Briefing 5 explains how international arbitration works to resolve disputes between foreign investors and host states, and outlines some of the problems associated with its use, from a sustainable development perspective.
Su, Qi; Li, Wen-Min
In this paper, we find a man-in-the-middle attack on the quantum signature scheme with a weak arbitrator (Luo et al., Int. J. Theor. Phys., 51:2135, 2012). In that scheme, the authors proposed a quantum signature based on quantum one way function which contains both verifying the signer phase and verifying the signed message phase. However, after our analysis we will show that Eve can adopt different strategies in respective phases to forge the signature without being detected. Then we present an improved scheme to increase the security.
Rina Shahriyani Shahrullah
This research analyzes Law No. 30 of 1999 of Indonesia to ascertain whether this Indonesian law constitutes modern arbitration legislation in the context of international commercial arbitration. Law No. 30 of 1999 will be compared with the International Arbitration Act 1974 (Cth) and the International Arbitration Amendment Act 2010 (Cth) of Australia. In this research, the author finds the Model Law should be adopted by Indonesia to modernize the country’s arbitration law in order for it to m...
This thesis examines the law on international commercial arbitration in England, Japan and Russia with a view to identify those areas for which harmonisation is of the greatest practical importance. This study is a timely one, since the Arbitration Act 1996 came into effect on 1st January 1997 in England. In Japan, the Committee of Arbitration formed by Japanese experts on arbitration prepared the Draft Text of the Law of Arbitration in 1989, and preparation for amendment based...
A policy on prenatal radiation exposure at two nuclear power plants was revised to give better assurance of compliance with NCRP recommendations on fetal radiation exposure. This action was taken after publication of NCRP 91 in June 1987 to provide better assurance that a total dose equivalent limit to an embryo-fetus be no greater than 0.5 mSv (0.05 rem) in any month and no more than 5 mSv (500 mrem) for a gestation period. For any female worker to receive radiation exposure greater than 1.5 mSv (0.15 rem) in a month at these nuclear power plants, she was asked to initiate an administrative request for radiation exposure in excess of this limit. In this request, she was asked to acknowledge that she was aware of the guidance in U.S. NRC Regulatory Guide 8.13. A worker who had the potential for radiation exposure in excess of 1.5 mSv (0.15 rem) refused to process this request and was consequently denied overtime work. She filed a grievance for denial of overtime, and this grievance was submitted for labor arbitration in June 1988. The arbitration decision and its basis and related NRC actions are discussed
The latest and most ambitious Free Financial Zone in the United Emirates is the Dubai International Finance Centre (DIFC). The DIFC was set up in 2004. It has its own courts and judicial system. It also has its own arbitration law. The DIFC arbitration law is in a process of review. A Model Law instrument is expected late in 2008. This paper was submitted to the DIFC Lawmaking Authority. It is intended to explain some of the provisions of the current DIFC arbitration law and to assist those u...
Legal disputes regarding international trade frequently involve more than two parties. This leads to problems, as the preferred means of dispute resolution within international trade - arbitration - tends to be ill-equipped to handle such disputes. The topic of the paper is arbitration as a means...... of dispute resolution in a multy-party set-up. Both the possible legal bases and the problems encountered are considere. It is concluded that arbitration is still the only real option to the parties in international business disputes and that many of the shortcomings may be contered by skilful...
The thesis takes a look at the complex legal framework, set forth mainly by BITs and the ICSID convention, but also a number of other treaties and principles of international law are touched upon. Worth mentioning are the Vienna Convention, the New York Convention and awards based on the UNCITRAL rules. Since ICSID tribunals handle most of the treaty-based investment arbitrations conducted, ICSID awards would best explain the rules, which is likely to create standards followed by other types...
..., EP 699 (STB served Aug. 20, 2010). \\3\\ Assessment of Mediation and Arbitration Procedures, 75 FR 52... authorize parties to a proceeding before the Board, upon mutual request, to participate in meditation with...
A digital signature is a mathematical scheme for demonstrating the authenticity of a digital message or document. For signing quantum messages, some arbitrated quantum signature schemes have being proposed. However, in the existing literature, arbitrated quantum signature schemes depend on entanglement. In this paper, we present two arbitrated quantum signature schemes without utilizing entangled states in the signing phase and the verifying phase. The first proposed scheme can preserve the merits in the existing schemes. Then, we point out, in this scheme and the prior schemes, there exists a problem that Bob can repudiate the integrality of the signatures. To conquer this problem, we construct another arbitrated quantum signature scheme without using quantum entangled states but using a public board. The new scheme has three advantages: it does not utilize entangled states while it can preserve all merits in the existing schemes; the integrality of the signature can avoid being disavowed by the receiver; an...
David H Denton QC
Full Text Available With the passing of the Commercial Arbitration Act 2011 (Vic and similar Acts in all other States of Australia the opportunities for domestic commercial arbitration to really take hold appears now to be high.This article examines what may be seen to be seven benefits arising under the new Commercial Arbitration Act 2011, namely:(a privacy and confidentiality;(b efficiency;(c specialist expertise;(d informality;(e the ability of the arbitral tribunal to exercise a great degree of control;(f interim measures;(g limited appeals.
Susan J. T. Johnson
Newly certified unions often experience difficulty negotiating a first agreement. To remedy this, the Employee Free Choice Act (EFCA) proposes that the National Labor Relations Act (NLRA) provide for first contract arbitration. Using a panel of Canadian jurisdictions that have introduced FCA legislation at different times over several decades, the author addresses three questions: (1) How does First Contract Arbitration (FCA) legislation affect the incidence of first agreement work stoppages?...
Today arbitration is one of the preferred methods for the resolution of disputes that arise in commercial relationships. The New York Convention provides a uniform system for the recognition and enforcement of arbitral awards, and the fact that virtually all relevant commercial states are party to the convention means that such enforcement can be sought world-wide. By contrast, parties choosing litigation have no system which provides similar uniformity for the enforcement of foreign judgment...
Collins, D A
This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers because it denies their right to civil adjudication. The understanding of UTCCR's unfairness as developed by the UK House of Lords is not necessarily applicable to arbitration clauses because of the lower cost of such proceedings and the availability ...
Collins, D A
This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers because it denies their right to civil adjudication. The understanding of UTCCR's unfairness as developed by the UK House of Lords is not necessarily applicable to arbitration clauses because of the lower cost of such proceedings and the availability ...
Genberg, Jonna Heidi Elisabeth
Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels I Regulation) has been considered the most important legal document in the area of civil procedure on EU level. Article 1(2)(d) of the Regulation excludes arbitration from the scope of application of the Brussels I Regulation. However, the ECJ interpreted the arbitration exclusion narrowly in Case C-185/07 Allianz SpA & Generali Assicurazioni Genera...
Karton, Joshua David Heller
International commercial arbitration ('ICA') is typically characterised as a procedural alternative to litigation in national courts. The great majority of scholarly literature on ICA relates to its procedure, as opposed to substance. This is not surprising since, in ICA, the governing substantive law is usually the national law of some state. One might therefore expect that there would be no difference between the decisions of arbitrators and judges on matters governed by subs...
Eugen HURUBÃ; Luminita GABURA
The main aim of the paper work is to determine whether the Constitutional Court of Romania could be notified by international tribunals in relation to cases tried under Romanian law. On 5 March 2013 the Constitutional Court of Romania decided, for the first time, on a case concerning an exception of unconstitutionality raised before an international tribunal of commercial arbitration. The exception of unconstitutionality of a Government Emergency Ordinance was raised in an arbitration case pe...
Mahesh, K; Mahesh, Kavi; Eiselt, Kurt P.
Psychological investigations have led to considerable insight into the working of the human language comprehension system. In this article, we look at a set of principles derived from psychological findings to argue for a particular organization of linguistic knowledge along with a particular processing strategy and present a computational model of sentence processing based on those principles. Many studies have shown that human sentence comprehension is an incremental and interactive process in which semantic and other higher-level information interacts with syntactic information to make informed commitments as early as possible at a local ambiguity. Early commitments may be made by using top-down guidance from knowledge of different types, each of which must be applicable independently of others. Further evidence from studies of error recovery and delayed decisions points toward an arbitration mechanism for combining syntactic and semantic information in resolving ambiguities. In order to account for all of...
Gao, Fei; Guo, Fen-Zhuo; Wen, Qiao-Yan
As a new model for signing quantum message, arbitrated quantum signature (AQS) has recently received a lot of attention. In this paper we study the cryptanalysis of previous AQS protocols from the aspects of forgery and disavowal. We show that in these protocols the receiver Bob can realize existential forgery of the sender's signature under known message attack. Bob can even achieve universal forgery when the protocols are used to sign a classical message. Furthermore, the sender Alice can successfully disavow any of her signatures by simple attack. The attack strategies are described in detail and some discussions about the potential improvements of the protocols are given. Finally we also present several interesting topics in future study on AQS protocols.
Ohmacht, Martin; Sugavanam, Krishnan
A system and method and computer program product for reducing the latency of signals communicated through a crossbar switch, the method including using at slave arbitration logic devices associated with Slave devices for which access is requested from one or more Master devices, two or more priority vector signals cycled among their use every clock cycle for selecting one of the requesting Master devices and updates the respective priority vector signal used every clock cycle. Similarly, each Master for which access is requested from one or more Slave devices, can have two or more priority vectors and can cycle among their use every clock cycle to further reduce latency and increase throughput performance via the crossbar.
Anton V. Yakovlev
Full Text Available In the present article the legal regulation of international commercial arbitration in Egypt evolution is researched, legal documents governing operation of international commercial arbitration, general characteristics is given, features of legal norms and legal regulation are pointed out, also legal practice of application is analyzed. Author points out that at first legislation of Egypt was under the strong influence of Islamic law, later the legal system in Egypt was subjected to extensive influence of European law. It is believed that it is the Sharia law that largely caused formation of goals and objectives of modern international commercial arbitration. The main source of the international commercial arbitration activities regulating is the adopted in 1994 Law of Egypt on Arbitration No. 27/1994 (the Arbitration Act. This law was adopted on the basis of the UNCITRAL Model Law on the International Commercial Arbitration (of the year 1985. Prior to the adoption of the Arbitration Act in the year 1994 the international commercial arbitration in Egypt was governed by the Civil Procedure Code, adopted in the year 1968. The Law of Egypt on arbitration contains several differences from the UNCITRAL Model Law. 1 The Model Law has a bit another internal structural division. Articles of the Egyptian Arbitration Act do not have name. The law includes 58 articles, united in 7 parts; 2 Ability of extraterritorial application. Arbitration Act applies to arbitrations conducted in Egypt or when the international commercial arbitration is conducted abroad and agreed to subordinate to this arbitration Act; 3 The Arbitration Act provides additional criteria for the establishment of the international character of arbitration.
M (Leentjie de Jong
Full Text Available For over half a century now, section 2(a of the Arbitration Act 42 of 1965 has prohibited arbitration in respect of matrimonial and related matters. In this article it will be illustrated that this prohibition is clearly incompatible with present-day demands. Today there is a strong tendency in public policy towards alternative dispute resolution processes such as arbitration. As any recommendations that arbitration should be applied to family law disputes must be anchored in an analysis of the specific character of the arbitral remedy, the article begins by giving a broad overview of the nature of arbitration. This is followed by a discussion of the present-day demand for family arbitration, which examines the problems experienced with the adversarial system of litigation in resolving family law disputes, party autonomy, the development of alternative dispute resolution processes such as mediation and arbitration, the special synergy between mediation and arbitration, the success of arbitration in other fields of law and possible forerunners for family arbitration in South Africa. Inherent in the demand for family law arbitration are the many advantages of arbitration, which are also touched upon. Thirdly, current trends in England, Australia, the United States of America, Canada and India are analysed so as to identify a suitable family law arbitration model for South Africa. Special attention is paid to the matters that should be referred to arbitration – for example, should it be confined to matrimonial property and financial disputes or extended to all matters incidental to divorce or family breakdown, including children's issues? Other questions examined include whether family arbitration should comply with substantive law only, who should act as arbitrators, whether family arbitration should be voluntary or compulsory, what the court's role in the family arbitration process should be, and whether family law arbitration should be
Mario F. Bognanno; Jonathan E. Booth; Norman, Thomas J.; Cooper, Laura J.; Befort, Stephen F.
This study examines some of the arbitration community’s commonly accepted beliefs about arbitration outcomes and remedies in employee discharge cases, with the findings revealing that some beliefs are likely fact, while others, perhaps, are fiction. With data from 1432 Minnesota discharge awards and 74 arbitrators who decided them, eight truisms are examined pertaining to the following: the frequency that arbitrators use Daugherty’s Seven Tests rubric to analyze case evidence and whether i...
Thomas Kochan; David B. Lipsky; Mary Newhart; Alan Benson
The authors examine debates about the effects of mandatory interest arbitration on police and firefighters in New York State under the Taylor Law from 1974 to 2007. Comparing experience with interest arbitration in the first three years after the law was adopted with experiences from 1995 to 2007, the authors find that no strikes occurred under arbitration and that rates of dependence on arbitration declined considerably. Moreover, the effectiveness of mediation prior to and during arbitratio...
ALMASİ, Galvizh; AHMADZADEH, Sirvan
Abstract. If there is alleged invalidity of the contract, Limits and scope of arbitration referee. This issue calls “competence-competence” principle and we seek to investigate whether the possibility of accepting the competence to judge. It means making decision about competence of referee. Competency of arbitration board is inherent and it is created by law and it is separate from competency of public arbitration. Arbitration ritual theory is differences as a separate method of dispute reso...
Over the last quarter-century international investment arbitration has grown exponentially and case law in the field is developing apace towards an emerging body of international law, known as international investment law. With many distinct characteristics international investment arbitration or investor-state arbitration, as opposed to international commercial arbitration, is emerging as a column of the edifice of public international law, according to many jurists. One may wonder, however,...
There is unanimity within the arbitration community that corruption is disrupting international trade and that arbitrators must not let arbitration be a safe forum for enforcement of contracts tainted by such illicit acts. Due to the hidden nature of corruption, often hiding behind an agency agreement, the most challenging question facing arbitrators has shown to be how to handle the rules of evidence. Awards show that there is an inconsistency in the treatment of the burden and standard of p...
... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice of arbitration panel decision under the Randolph- Sheppard Act. SUMMARY: The Department of Education (Department) gives notice that on July 17, 2009, an arbitration panel rendered a decision in the matter of...
... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice of arbitration panel decision under the Randolph- Sheppard Act. SUMMARY: The Department of Education (Department) gives notice that on March 18, 2011, an arbitration panel rendered a decision in the matter of Sam...
...: Initiation of arbitration proceeding. 251.72 Section 251.72 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Royalty Fee Distribution Proceedings § 251.72 Declaration...
... 34 Education 2 2010-07-01 2010-07-01 false Arbitration of State licensing agency complaints. 395... FOR THE BLIND ON FEDERAL AND OTHER PROPERTY Federal Property Management § 395.37 Arbitration of State... Secretary shall convene an ad hoc arbitration panel which shall, in accordance with the provisions of 5...
... 7 Agriculture 8 2010-01-01 2010-01-01 false Filing of applications for mediation or arbitration... Sales of Milk or Its Products § 900.102 Filing of applications for mediation or arbitration. All applications for mediation or arbitration, all submissions, and all correspondence regarding mediation...
... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice of arbitration panel decision under the Randolph- Sheppard Act. SUMMARY: The U. S. Department of Education (Department) gives notice that on February 4, 2010, an arbitration panel rendered a decision in the matter...
...; initiation of arbitration proceeding. 251.64 Section 251.64 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Rate Adjustment Proceedings § 251.64 Disposition of...
Yang, Yu-Guang; Wen, Qiao-Yan
We give an arbitrated signature protocol of classical messages over a collective amplitude damping channel. We analyze its security and prove that it is secure over such a noisy quantum channel even if the arbitrator is compromised. The involvement of the arbitrator is also an appealing advantage in the implementation of a practical quantum distributed communication network.
... 49 Transportation 5 2010-10-01 2010-10-01 false Must I have an arbitration program? 375.211... Services to My Customers General Responsibilities § 375.211 Must I have an arbitration program? (a) You must have an arbitration program for individual shippers to resolve disputes about property loss...
... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Arbitration or other dispute... COMMISSION LEVERAGE TRANSACTIONS § 31.29 Arbitration or other dispute settlement procedures. Each self..., equitable and expeditious procedure, through arbitration or otherwise, for the voluntary settlement of...
... Mandatory Arbitration Agreements. 252.222-7006 Section 252.222-7006 Federal Acquisition Regulations System... Arbitration Agreements. As prescribed in 222.7404, use the following clause: Restrictions on the Use of Mandatory Arbitration Agreements (MAY 2010) (a) Definitions. As used in this clause— Covered...
... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice. SUMMARY: The Department of Education (Department) gives notice that, on September 28, 2010, an arbitration.... FOR FURTHER INFORMATION CONTACT: You may obtain a copy of the full text of the arbitration...
...; ] FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Parts 2425 and 2429 Review of Arbitration Awards; Miscellaneous... public comment on proposed revisions to its regulations concerning review of arbitration awards and the... apply to the review of arbitration awards. The purpose of the proposed revisions is to improve...
... Copyright Arbitration Royalty Panels. 251.6 Section 251.6 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Organization § 251.6 Composition and selection of...
... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice of arbitration panel decision under the Randolph- Sheppard Act. SUMMARY: The Department of Education (Department) gives notice that on September 28, 2010, an arbitration panel rendered a decision in the matter of...
... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice... arbitration panel rendered a decision in the matter of Judy A. Davis-Perry v. Missouri Department of Social... may obtain a copy of the full text of the arbitration panel decision from Mary Yang, U.S....
... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice of arbitration panel decisions under the Randolph- Sheppard Act. SUMMARY: The Department of Education (Department) gives notice that on May 3, 2010, and April 19, 2011, an arbitration panel rendered decisions in...
... for Panel approval of binding arbitration. 2471.1 Section 2471.1 Administrative Personnel FEDERAL... consideration; request for Panel approval of binding arbitration. If voluntary arrangements, including the... procedure, which they have agreed to adopt, for binding arbitration of the negotiation impasse by filing...
... 7 Agriculture 7 2010-01-01 2010-01-01 false Dispute resolution and arbitration of private parties... ACT General Provisions § 735.9 Dispute resolution and arbitration of private parties. (a) A person may... authorized under the Act may be resolved by the parties through mutually agreed-upon arbitration...
... 29 Labor 4 2010-07-01 2010-07-01 false Arbitration Policy; Schedule of Fees Appendix to 29 CFR Part 1404 Labor Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE ARBITRATION SERVICES Pt. 1404, App. Appendix to 29 CFR Part 1404—Arbitration Policy; Schedule of Fees...
... 29 Labor 4 2010-07-01 2010-07-01 false FMCS deferral to parties' own private interest arbitration... FMCS deferral to parties' own private interest arbitration procedures. (a) The Service will defer to the parties' own privately agreed to interest arbitration procedure and decline to appoint a Board...
... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Reports on litigation, arbitration... REPORTING, PROCEDURES AND PENALTIES REGULATIONS Reports § 501.605 Reports on litigation, arbitration, and... States in the case of parts 500 and 515 of this chapter) participating in litigation, arbitration,...
Diana Loredana HOGAȘ
Full Text Available The essential characteristics of the arbitration are its private nature, voluntary and confidential, which at first glance may give the impression of an institution less "endowed" with strict rules of substantive and procedural law. Parties are free to choose or even to develop rules that may constitute into an arbitration proceeding, compulsory for the parties and arbitrators, respected and applied by them. This contractual freedom of parties is protected, but also limited by a number of principles of law which the legislator deems essential to a right judgment, either in court or in arbitration. The study objectives are the following: to identify the principles of law applicable to the arbitral procedure and their implementation. To achieve those objectives it is used the method of analysis and synthesis, the comparative method, the historical-legal method, the sociological method, the dialectical method and the systematic method. Combining theoretical and practical issues, the work will be of great use to the research, higher education, but not least, and to the practitioners.
Liu, Feng; Qin, Su-Juan; Huang, Wei
Entanglement is the main resource in quantum communication. The main aims of the arbitrated quantum signature (AQS) scheme are to present an application of the entanglement in cryptology and to prove the possibility of the quantum signature. More specifically, the main function of quantum entangled states in the existing AQS schemes is to assist the signatory to transfer quantum states to the receiver. However, teleportation and the Leung quantum one-time pad (L-QOTP) algorithm are not enough to design a secure AQS scheme. For example, Pauli operations commute or anticommute with each other, which makes the implementation of attacks easily from the aspects of forgery and disavowal. To conquer this shortcoming, we construct an improved AQS scheme using a new QOTP algorithm. This scheme has three advantages: it randomly uses the Hadamard operation in the new QOTP to resist attacks by using the anticommutativity of nontrivial Pauli operators and it preserves almost all merits in the existing AQS schemes; even in the process of handling disputes, no party has chance to change the message and its signature without being discovered; the receiver can verify the integrity of the signature and discover the disavow of the signatory even in the last step of verification.
Seyed Mohammad Tabatabaei Nejad
Full Text Available For decades, the approach of legal systems towards private arbitration in competition law has been characterized by a certain mistrust or suspicion. Initially, this attitude may somehow have been linked to the uncertainty as to the arbitrability of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. In fact arbitration is a mechanism for pursuing a balance between the conflicts of parties’ demands. However during the time, more gates have been opened for arbitration and it got not only a private means but a way in which both private and public interests are secured. The public interests so are factors that shall be precisely considered to prevent the situation in which courts rejecting award in reviewing stage due to the fact that the public policy aspects of the case are not complied. In this article we scrutinize the challenges arbitration may encounter especially in respect of competition law in an international environment in respect of application of mandatory laws.
In the article – the introduction of South Korea Commercial Arbitration System (for ADR) and International Arbitration Court. When a dispute arises between Russian and Korean companies, for resolving, can be selected the International Arbitration Court of Russia, Korea, or other countries. Therefore, here enumerated about the International Arbitration Court of the Republic of Korea.
Ksenia M. Belikova
Full Text Available In the present article authors, by analyzing provisions of the applicable civil and arbitration codes of Russia (hereinafter - the Code of Civil Procedure and the Code of Arbitration Procedure of the Russian Federation justify the relevance of the procedural reform and indicate its future prospects. Considerable attention is paid to the recently adopted Concept of a Code of Civil Procedure of the Russian Federation (hereinafter - the Concept. According to the author's position, now the creation and adoption of a united Code of Civil Procedure is not only relevant, but necessary phenomenon. In connection with this, the subject of analysis of the proposed concept is improved procedure for handling the application for disqualification of a judge, in comparison with the similar provisions of the existing Code of Civil Procedure and of the Code of Arbitration Procedure stand out its advantages. In addition, authors focus on other existing problems of legal regulation of various issues in the current Code of Civil Procedure and of the Code of Arbitration Procedure. Thus, in the view of the author in this article falls consideration of the problems associated with the absentee in civil proceedings, as well as the sole consideration (some provided by the Code of Civil Procedure, and the cases of the Code of Arbitration Procedure appeal against the decision of the trial court. The article also contains a disagreement with the position of the proposed by the concept for the recovery of legal costs for the services of their representatives to the proof in full and invited author's position on this issue. In addition to the analysis of the issues authors also offer some options for their solutions. At the end of the article authors make conclusions regarding the relevance of the Concept, its strengths and weaknesses in the regulation of the studied issues and the prospects of unification of civil and arbitration proceedings in Russia.
D. V. GUMENYUK
The article analyzes the Arbitration Procedure Code of the Russian Federation, the International Commercial Arbitration Act and case law of the Russian Federation for the arbitrability of corporate disputes. The article criticizes the approach according to which corporate disputes are non-arbitrable. The article gives an insight into the viewpoint which prohibits the arbitrability of corporate disputes by criticizing the major arguments of the Russian Courts used in their judgments. The artic...
Wang, Chao; Liu, Jian-Wei; Shang, Tao
We investigate the existing arbitrated quantum signature schemes as well as their cryptanalysis, including intercept-resend attack and denial-of-service attack. By exploring the loopholes of these schemes, a malicious signatory may successfully disavow signed messages, or the receiver may actively negate the signature from the signatory without being detected. By modifying the existing schemes, we develop counter-measures to these attacks using Bell states. The newly proposed scheme puts forward the security of arbitrated quantum signature. Furthermore, several valuable topics are also presented for further research of the quantum signature scheme.
Full Text Available International contracts are often written in a standardised manner and without taking into consideration the applicable law. This may create the illusion that the contract is the only basis for the parties' rights and obligations, especially when the contract contains an arbitration clause. Using two typical contract clauses as an illustration (force majeure clause and entire agreement clause, this article analyses the extent to which an international contract, eventhough it contains an arbitration clause, may be self-sufficient. The article further examines the degree to which transnational sources may provide a uniform regime, and highlights the role played by the applicable law and the various legal traditions.
Full Text Available Indonesia as a developing country is in the urgent need to improve its arbitration law and practice. One of the reasons is because Indonesia may gain many advantages by such improvement, such as: increase of its international reputation as a safe place to invest or conduct trading since there is an assurance that future disputes may be promptly solved through arbitration. One way to improve Indonesia arbitration practice is by creating the jurisdiction as a friendly place to arbitrate, which firstly shall be analysed by reviewing its drawbacks as a preferable seat of arbitration, specifically on the procedure to enforce arbitral awards and the respective judicial supports to conduct arbitration within the jurisdiction.
Based on the “New York” Convention of 1958  arbitration has become a true and efficient alternative of the common law jurisdiction. The regulation of arbitration in the new Civil Procedure Code  is found in the same Book (Book 4), divided into 7 Titles, instead of 11 Chapters. As a concept, the regulation of different specific arbitration institutions is similar to that provided for by the actual Book 4. The 7 Titles includes the general provisions on arbitration, arbitration agreements...
Investment treaty arbitration has been established based on international commercial arbitration, reflecting not only the basic features of international commercial arbitration in provisions, but also the value orientation of international commercial arbitration in practice. Investment treaty arbitration differs from international commercial arbitration inparticipants in a dispute, dispute issues and the basis of the jurisdiction of arbitral tribunal. In order to avoid the conflict between investment treaty arbitration and international commercial arbitration, some international organizations and countries begin the efforts to reform investment treaty arbitration, which could be regarded as the development of international commercial arbitration.%投资条约仲裁是以国际商事仲裁为模板建立的，其不仅在具体规则中体现了“国际商事仲裁”的基本特性，同时其实践中无不体现“国际商事仲裁”的价值取向。投资条约仲裁在争端主体、争议事项、仲裁庭管辖权之基础等多方面存在特殊性。为避免投资条约仲裁与国际商事仲裁“秘密性”等原则相冲突，一些国际组织和国家开始了改革投资条约仲裁的努力，这些努力可以视为对国际商事仲裁的发展起来。
... paragraph (e) of this section, the dollar amount of response costs recoverable by EPA pursuant to section... dollar amount of response costs recoverable by EPA, the Arbitrator shall uphold EPA's selection of the... dollar amount in excess of $500,000, excluding interest, prior to the rendering of the final...
... section and § 304.40 of this part. (d) The parties shall accept as legal delivery of the proposed decision... proposed decision shall be null and void and of no legal effect, EPA shall withdraw from the proceeding... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Arbitral decision and public...
Neal, Richard G.
In the first section on grievance procedures, this report gives important suggestions to administrators and teachers, discusses the roles of administrators and chapter chairmen in grievance processing, and provides a one-page grievance formula. In the second section on grievance arbitration, the report (1) discusses the rationale for binding…
Tudor Vlad RĂDULESCU
Full Text Available The article focuses on the effects that an arbitration clause can still produce when it is contained in a simulated operation, whether it is in the apparent act or in the secret one, depending on the forms of simulation.
... 5 CFR part 550, subpart H). (c) Nothing in this section prevents the HSLRB from determining its own... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Exceptions to arbitration awards. 9701... SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM Labor-Management Relations § 9701.522 Exceptions to...
Barwis, Gail Lund
Arbitration cases involving journalism ethics can be grouped into three major categories: outside activities that lead to conflicts of interest, acceptance of gifts that compromise journalistic objectivity, and writing false or misleading information or failing to check facts or correct errors. In most instances, failure to adhere to ethical…
Blew, Carol Holliday; Rosenblum, Robert
This examines an exemplary project of community arbitration, a juvenile justice alternative. Essential elements of this project are described and include: (1) prompt case processing, (2) court-like setting, (3) involvement of victims, (4) assurance of due process, (5) use of community resources, and (6) constructive dispositions. Facets of CAP…
Schwartz, Allen D.
This article discusses some of the cases in the public sector in which the courts have intervened in the arbitration process. The cases discussed have construed narrowly the delegation of school board authority in the areas of teacher dismissal and assignment in spite of negotiated collective bargaining agreements. Cases in New York, New Jersey,…
Staudohar, Paul D.
Reviews state supreme court rulings on constitutionality issues raised by compulsory arbitration for public employees. Cases are reviewed for the states of Wyoming, Pennsylvania, Rhode Island, Nebraska, Maine, Michigan, New York, South Dakota, Oklahoma, and Washington. Concludes that courts have generally upheld the constitutionality of such…
Ioan LAZÃR; Laura LAZÃR
Traditionally, the arbitrability of the competiton issues was subject of controversy in doctrine. Thus, in the opinion of majority, the confidentiality of the arbitration proceedings was considered inappropriate in what regards solving competition problems, given the fact that the economic policy aspects regarding competition are part of the public policy. Also, experts declared skeptical regarding the ability of arbitrators to resolve competition issues of the cases, due to their complexity....
The topic of this thesis is the enforcement of foreign arbitral awards in the GCC states with the aim of offering a proposal for unifying the substantive and procedural rules for enforcing foreign arbitral awards under the ambit of the New York Convention for the Recognition and Enforcement of Foreign Arbitral Awards, the Riyadh Convention, and the ICSID Convention to which all the GCC states are signatories. The significance of this thesis is its comprehensive comparison of the Shari’a, inte...
Elena V. Sitkareva; Stanislav V. Trofimchuk
The UN Commission on International Trade Law (UNCITRAL) has prepared a Model Law on International Commercial Arbitration (1985), which became the main legislation on arbitration for nearly 70 countries, including Russian Federation, and, thereby, set world legislation standards for arbitration. A number of other international instruments were adopted. In the present article authors consider questions of international law and national regulatory activities of international commercial arbitrati...
正I. Introduction Arbitration in the People's Republic of China ( "PRC") is growing at a rapid rate.①Yet international parties,who are free to stipulate their choice of international arbitration institution in their commercial contracts,often shy away from Chinese institutions.②Instead they opt for regional bodies such as the Singapore International Arbitration Centre ( "SIAC") ,or internationally recognized institutions such as the
The characteristics of the arbitration agreement for international commercial affairs determine that the agreement can be applied with the rules appropriate to those general laws of contract.But in international society. There are not unified measures to select the laws which dominate the arbitration agreement, this has braught great troubles to international trade. When Chinese people’s court make such determination, the applicable law should be the parties choice in their arbitration agreem...
Roxana Maria ROBA
The scope of provisional measures is to protect the rights of the parties which may be prejudiced during the arbitral procedure. The risk that important evidence may be lost or that the goods subjected to litigation may be alienated, which would make the execution difficult is particularly high, especially concerning international commercial arbitration. The aim of the study hereby is to analyze how the arbitrators’ competence to order interim measures is reflected in the main arbitration ins...
Salama, Nadia Ramzy Ali
Nowadays, arbitration is increasingly defined by its procedural flexibility and suitability to adapt to the needs and circumstances of different parties in different situations. In so being, arbitration employs the agreement to arbitrate as the device through which parties can utilise this procedural flexibility to create an exceptionally party-oriented process. Consequently, the drafting of these agreements and the choices concluded by the parties in them can very much determine whether a pa...
The book under review has primarily made an appraisal of the recent developments in arbitral case law of both contract as well as treaty arbitrations in the context of state contracts. The book comprises seven chapters and is based on the author’s doctoral thesis. The aspects that prominently figure in the thematic discussion are the applicability of international law to state contracts, procedural aspects (i.e. jurisdiction and enforceability) of international arbitration, the concept of leg...
This project enables law students from different countries to participate in a simulated arbitration case on-line. The objective of this innovative e-training distance learning tool is to familiarize law students with law and practice of international commercial arbitration. International arbitration is more than another way to settle cross-border commercial disputes. It is a real forum where the law governing international economic relations is progressively elaborated, applied and enforced ...
Rina Shahriyani Shahrullah
Full Text Available This research analyzes Law No. 30 of 1999 of Indonesia to ascertain whether this Indonesian law constitutes modern arbitration legislation in the context of international commercial arbitration. Law No. 30 of 1999 will be compared with the International Arbitration Act 1974 (Cth and the International Arbitration Amendment Act 2010 (Cth of Australia. In this research, the author finds the Model Law should be adopted by Indonesia to modernize the country’s arbitration law in order for it to more acceptable in the practices of international commersial arbitration to day. Furthermore, the adaption of the Model Law also assists to clarity the Indonesian approach to the appircation of public policy principle which can be used to resest arbitral awards in Indonesia. Penelitian ini mempelajari Undang-undang Nomor 30 Tahun 1999 untuk mengetahui apakah hukum di Indonesia tergolong ke dalam aturan arbitrase modern dalam arbitrase komersial internasional. Penulis membandingkan Undang-undang Nomor 30 Tahun 1999 dengan International Arbitration Act 1974 (Cth dan International Arbitration Amendment Act 2010 (Cth di Australia. Dalam penelitian ini, penulis menemukan bahwa Model Law dapat diadopsi oleh Indonesia untuk memodernisasikan hukum arbitrasenya agar dapat lebih diterima dalam praktek arbitrase niaga internasional. Diadopsinya Model Law dapat juga membantu mengklarifikasi pendekatan Indonesia terhadap aplikasi kebijakan publik yang dapat dipergunakan untuk menentang putusan arbitrase di Indonesia.
Full Text Available The characteristics of the arbitration agreement for international commercial affairs determine that the agreement can be applied with the rules appropriate to those general laws of contract.But in international society. There are not unified measures to select the laws which dominate the arbitration agreement, this has braught great troubles to international trade. When Chinese people’s court make such determination, the applicable law should be the parties choice in their arbitration agreement. Absent such choice, the law of the country which has the closest relation with the arbitration should be applied.