A look at the relationship between arbitration and labor relations.
Argumentative Essay # 140231 |
2,500 words (
approx. 10 pages ) |
1 source |
APA |
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Abstract
This paper poses and responds to four questions related to arbitration and labor relations. The first question deals with types of disputes, the second question deals with judicial reviews, the third question deals with common law and the final deals with wage criteria.
From the Paper
"When employers and unionized employees have disagreements about the terms of a collective agreement they may need to use arbitration to achieve a resolution. When discussing the arbitration process Craig in "Administration of the Collective Agreement: states, Grievance arbitration involves the adjudication by a neutral third party of issues relating to the interpretation, application or alleged violation of the collective agreement."
Tags:labour, relations, arbitrations
Examines the effectiveness of international business arbitration, focusing on its early foundations and legal framework.
Research Paper # 27252 |
14,808 words (
approx. 59.2 pages ) |
66 sources |
APA | 2002
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$ 164.95
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Abstract
Three overlapping systems of international arbitration have developed to resolve international business disputes: (1) maritime arbitration of disputes related to ocean shipping and transportation; (ii) arbitration of disputes arising out of international trade in goods and services; and (iii) arbitration of disputes arising out of private foreign direct investment (FDI) and other trans-national financial transactions. This paper examines the effectiveness of international arbitration as a means of resolving business disputes arising out of international trade in goods and services and investment. The paper summarizes the historical roots of commercial arbitration, and the fundamental steps taken in the postwar period to establish a solid national and international legal and institutional framework to permit it to operate effectively.
Paper Headings:
Introduction
Defining Characteristics and Appeal
What is Commercial Arbitration?
Appeal of Commercial Arbitration in an International Context
Pre-1945 Historical Evolution of Arbitration
Ancient Origins
Arbitration in Medieval Europe
Decline of the Effectiveness of Commercial Arbitration
Establishing An Effective Legal Framework
Hostility of Other Legal Systems to Commercial Arbitration
Summary
From the Paper
"Thousands of (but certainly not all) maritime and international commodity arbitrations are handled today in many of the world's great ports in a similar matter of fact and informal manner. Due to the scientific, mercantile, industrial and post-industrial revolutions which have occurred since the 16th century, the volume of world commerce has expanded and the means and methods of production, distribution and transportation have become much more complex. Global trade increased by an average per annum of 4.57 percent during the period 1870-1929, then (due to the Great Depression and World War II) by less than one per cent between 1929 and 1945. Since then, world trade in goods and services has mushroomed, increasing, according to the World Trade Organization, by an average of six and one half percent per annum between 1958 and 1993, from just $2.62 billion in 1986 to $6.3 billion in 1996."
Tags:PDAA, litigation, jurisprudence, Chamber, of, Commerce
An analysis of when arbitration may be useful in family law disputes.
Research Paper # 115045 |
4,043 words (
approx. 16.2 pages ) |
20 sources |
MLA | 2009
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$ 65.95
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Abstract
This paper addresses the issue of arbitration in the family law sphere. It purports to determine when and how arbitration should be used in the family law scheme. The paper also considers whether it is advisable to utilize arbitration in family law scenarios. A number of scenraios are presented concerning when it is advisable to utilize arbitration in family law disputes. The paper contains figures and copies of original sources.
Table of Contents:
Introduction
Arbitration
Depends On...
Mediation
Compared to Going to Court...
Challenges in Arbitration
Considerations
The Issue of Arbitration in Family Law
Family Law
What the American Family Needs?
Custody and Support
Divorce
Arbitration's Flexibility
Michigan Supreme Court
When Disputing Parties "Click"
Conclusion
Like an Hourglass...
From the Paper
"Today, some disputing parties may now begin to find that a resolution is only a click away. Not only can online mediation or arbitration offer physical distance that may be needed to help settle emotional disputes between parties who cannot even bear to look at each other; it may also contribute to decreasing arbitration costs. Robert Ketcham, a Maryland mediator who lives in Easton, Md., of Lifebridge Mediation Services, hosted a dispute resolutions where estranged family members logged on to an online conference from separate locations. From another location, a mediator monitored the two parties' exchanges and then listened to feedback from ach family member."
Tags:mediation, resolution, FAA, judge
Looks at international arbitration (arbitrage international) from the perspective of the the French Code of Civil Procedure.
Essay # 114961 |
1,145 words (
approx. 4.6 pages ) |
11 sources |
MLA | 2009
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$ 23.95
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Abstract
This paper explains that the French law of international arbitration clearly focuses on the importance of making arbitration as efficient as possible by avoiding unnecessary interference with domestic courts. French case law on international arbitration, the author relates, has proved very liberal in that it has repeatedly affirmed a general principle of autonomy of the arbitration clause, which has helped reinforce the role of the arbitrator through the "competence-competence" principle. Further, the paper investigates the principle of non-jurisdiction if there are no pending proceedings before an arbitral tribunal"manifest nullity" or "manifest inapplicability" of the arbitration clause. Sources are cited as footnotes instead of in a bibliography.
Table of Contents:
The Role of the Arbitrators
The Role of the Courts
From the Paper
"However, French law provides for two exceptions to this principle of non-jurisdiction if there is no pending proceedings before an arbitral tribunal : "manifest nullity" or "manifest inapplicability" of the arbitration clause. Therefore, in order to invoke one of these exceptions, the judge will have to be satisfied that the obvious nullity or inapplicability results from a bare and quick analysis of the clause, which, in practice, will be rarely established."
Tags:separability jurisdictions, united states, formulas validity
A research proposal for determining the suitability of Saudi Arabia as a seat for international commercial arbitration.
Research Proposal # 116322 |
3,994 words (
approx. 16 pages ) |
26 sources |
APA | 2009
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$ 65.95
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Abstract
This paper proposes a thesis that will show that Saudi Arabia is not an ideal destination for international commercial arbitration. To establish this claim, the writer explains that, using comparative law, the research will come up with reasonable arguments to show that in comparison to other countries, Saudi Arabia does not offer a viable environment for solving international commercial disputes. The political, cultural and religious factors that impact on arbitration laws are considered in the research to establish Saudi Arabia's viability to international arbitration. The study also aims at providing suggestions that will help improve Saudi Arabia to make it suitable for solving international commercial disputes as an arbitration seat.
Outline:
Introduction
International Commercial Arbitration
Saudi Arabia Law on Arbitration
Significance of the Study
Aim and Context of Study
Approach and Methodology
Contribution to Knowledge
From the Paper
"Saudi Arabia has made quite a considerable advancement in the use of arbitration law since its inception in 1983. It is however questionable whether the provisions of this law can effectively solve disputes from outside the border. This is a consideration made following the rising need for international commercial arbitration services as the world turns into a global village (Lew, Mistelis and Kroll, 2003). Interaction between laws, culture and religion continue to limit the ability of Saudi Arabia in providing such services. As a result, there is a need to make improvements so as minimize the shortcomings which will make it more suitable for international commercial arbitration."
Tags:culture tradition Islamic UNCITRAL Shari'a oil blockage, Gulf State, Quran Muslim
A look at the power, duties and limitations of international commercial arbitration.
Research Paper # 29561 |
3,528 words (
approx. 14.1 pages ) |
6 sources |
MLA | 2002
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$ 59.95
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Abstract
International commercial arbitration has been helping the international trade and commerce by being mediator in the occurrence of disputes. This paper explains how knowing and learning of its powers, duties and jurisdiction is essential to parties concerned in arbitration in the event of resolving disagreements. This paper provides information on International Commercial Arbitration. It also examines the procedural aspects prevailing in the international arbitration, specific issues, as well as court proceedings. Part of which, being a judicial body, is the discussion of the basic and fundamental approach of laws of most governing arbitral institutions.
From the Paper
"In events when business parties from different countries have disputes concerning commercial problems, litigation process often leaves them in expensive and frustrating procedures of finding international courts to resolve their cases. Unfortunate sometimes, the judgment imposed by courts is impossible to enforce. As a solution to this difficulty, arbitration was organized to facilitate the resolution of commercial disputes.
The International Commercial Arbitration flourished with the development and expansion of international trade and commerce. International methods of resolving disputes continuously develop and being nourished by the experience gathered from the various arbitration cases. Its purpose and function is to act as an arbitrator between parties from different nations with commercial disputes."
Tags:dispute, judicial, court, trade, commerce
An examination of the methods of litigation and arbitration for resolving international commercial disputes.
Analytical Essay # 149804 |
4,460 words (
approx. 17.8 pages ) |
30 sources |
APA | 2011
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$ 70.95
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Abstract
The paper looks at the potential legal issues for the multinational company and focuses on the two major forms of resolving international commercial disputes; litigation in a national court or international arbitration. The paper discusses the risks, ethical considerations and costs of international litigation and then addresses the strengths and shortcomings of international arbitration. The paper then explains why arbitration is preferred over judicial methods of dispute resolution in international conflicts.
Outline:
International Conflicts
International Litigation
International Commercial Arbitration
From the Paper
"World trade, then, is simply an expansion of the idea of globalization. There is, in fact, an organization that supervises and encourages World Trade, called the WTO (World Trade Organization). This organization was launched in 1995, succeeded a very outdated GATT organization (General Agreement on Trade and Tariffs), created in 1947. By the mid-1990s, most especially with the collapse of the USSR, it became apparent that it would be necessary to have a globally funded and managed organization that would work for the good of all nations, and would pursue the goal of increasing international trade and cooperation throughout the world. The success of the WTO has been because of its mandate: to negotiate and implement new trade agreements between nations, and to police member countries' following all the WTO agreements, and forming new negotiations and partnerships worldwide. Currently, 95% of the world's total trade goes through the 153 member countries ("What is the WTO," in www.wto.org.english).
"There is, then, a strong relationship between world output and world trade - the more globalization occurs, the more countries that have certain industries, be it special foodstuffs, minerals, gems, human resources, etc., and the more those countries want to increase their economic standard of living, the more world trade will remain vital to the global economy. Similarly, the idea of a global economic system is a check-and-balance to recession or inflation, if one major power has drastic problems, it affects most of the world (Crocher, 2004)."
Tags:courts, settlements, jurisdictions, trials, enforcement, legislation
A survey of basic insurance terminology and a brief history of insurance arbitration.
Research Paper # 63912 |
4,587 words (
approx. 18.3 pages ) |
8 sources |
MLA | 2006
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$ 71.95
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This paper examines the issue of arbitration and insurance claims. It begins by explaining a series of basic insurance terminology and then presents a history of the practice of insurance arbitration. The writer then explains the process of arbitration and insurance claims and how the process has changed over the years.
From the Paper
"Almost thirty years ago, the Committee on Insurance Arbitration recognized the insurance industry's need for a Property Arbitration Forum. Today, its' successor committee is the largest system of its kind in the world. There was clearly a need to create a legal entity to administer the arbitration programs, and this concern led to the creation of a not-for-profit corporation that replaced the Committee on Insurance Arbitration. The Committee on Insurance Arbitration incorporated in 1981, under the corporate name of Insurance Arbitration Forums. Insurance Arbitration Forums remained the corporate name until 1986, when the Board of Directors eliminated the word "Insurance" from the name. This change reflected the expansion of Arbitration Forums' programs to include arbitration situations outside the insurance arena, although these additional mediation and arbitration services continued to fulfill the needs of the insurance industry. Because Arbitration Forums are intended to provide an objective and neutral administrative service, Arbitration Forums are considered to be respected and efficient providers of arbitration services. Arbitration is a means of settling controversies without resorting to litigation. Agreements to arbitrate are generally put into writing, and signatories are contractually obligated to arbitrate."
Tags:insurance, claim
An examination of the international laws that govern international arbitration.
Analytical Essay # 150211 |
3,116 words (
approx. 12.5 pages ) |
31 sources |
APA | 2012
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$ 54.95
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Abstract
The paper provides an introduction to international arbitration as a consensual means of dispute resolution, and goes on to show how it has a binding effect only by virtue of a complex framework of national and international law. The paper examines the Rome Convention dealing with contractual obligations, the Insolvency Act of 1986 and the subsequent European Union Arbitration Regulations resulting from the additional evolution of these legal precedents.
Outline:
Introduction
Rome 1 and Rome Convention
The Uniform Rules
Implied Selection
Consumer Contracts
Contracts of Employment
Material and Formal Validity
Transfers of Obligations
Rome II Regulations
Brussels Regime
From the Paper
"Under the rubric of both international cooperation and fair rights surrounding contract law, uniform rules of the Rome Convention were established to provide a more specific skeletal framework for the necessary functions of contract law. Article 3, for example, states the general principle that the parties within a contract negotiation and contract management have the freedom of choice over laws that are applicable in their area. In order to exercise this choice, either parties intentions must be demonstrated within the terms of the contract, however (Ibid., Article 3).
"The law chosen, though, may apply to either the whole of the contract or parts of the contract previously agreed upon, but Rome helps define those terms and the choice is not irrevocable. At any time, the parties can change the applicable law and any such variation in the contract will not prejudice its veracity or affect the valid rights of any parties associated with the particular contract in question (Rome Convention, 2009). This is quite a liberal and magnanimous allowance in the law, and was designed to break a stalemate on European Union dealings and contracts that had been in place for decades. Commercial contracts are vital, of course, for the EU, and the ability for parties to more adequately adjust their needs to both the marketplace and historical precedent is an important consideration for all parties. The key factor, however, in Article 3 is that both parties must agree upon the rule of law, any changes, and disposition of said changes within the rubric of the entire document. Thus, this prevents one country, or one large business from monopolizing contract law to the detriment of others (Ibid; Dunhoff, 2006).
Tags:Rome, Convention, Insolvency, Act, European, Union, Brussels, Regime
A comparison of the US approach and the French approach to international commercial arbitration among private actors.
Comparison Essay # 114857 |
1,845 words (
approx. 7.4 pages ) |
8 sources |
MLA | 2009
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$ 35.95
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Abstract
This paper discusses the success of international commercial arbitration among private actors and the desire of many prominent legal systems to ensure the respect of their public policies, especially in the business sector. It examines the US approach with the well-known Mitsubishi decision of 1985 and then looks at the French approach in the landmark Labinal case.
Table of Contents:
US and France : A Convergent Approach as to the Arbitrability of Competition Law
The US Approach : The Mitsubishi Case
The French Approach : The Labinal Case
US and France : A Divergent Approach as to the Notion of "Second Look"
A Large Appreciation of the "Second Look" according to the American and the European Case Law
The Controversial and Restrictive Approach of the Recent French Case Law on "Second Look"
From the Paper
"In his commentary on the decision, Christophe Seraglini clearly showed his disappointment as regards the outcome of the case, insofar as the equilibrium to be found between the prohibition of judicial review on the merits and the necessary respect of competition law issues seemed broken in his eyes. In particular, he pointed towards the danger of an artificiality of the control of the award in these conditions, which could lead in the future to an inefficient protection of the international public order . In any event, such criticisms of the approach of the Cour d'Appel de Paris thus indicate that the debate has now shifted from the scope of the notion of "arbitrability" itself to the role of the judge a posteriori, to the overall benefit of international arbitration."
Tags:Labinal, competition, court