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Draft Article 17 of the UNCITRAL Model Law on International Commercial Arbitration

The Process of Harmonisation of the law of international commercial arbitration: Drafting and diffusion of uniform norms

The Process of Harmonisation of the law of international commercial arbitration: Drafting and diffusion of uniform norms

... the law of international commercial arbitration with particular reference to the drafting and diffusion of uniform ...on law and international relations, introducing the concepts ...

484

An Analysis of National Courts Involvement in International Commercial Arbitration; Can International Commercial Arbitration Be Effective without National Courts?

An Analysis of National Courts Involvement in International Commercial Arbitration; Can International Commercial Arbitration Be Effective without National Courts?

... what law will govern this proposed arbitral tribunal? As stated before, the pro- posed arbitral tribunal is not intended to abolish the structures of law that already exists, therefore this tribunal will be ...

10

The Authority of Arbitrators to Order Security for Legal Costs in International Commercial Arbitration

The Authority of Arbitrators to Order Security for Legal Costs in International Commercial Arbitration

... In fact, these two decisions can be seen as too authentic because based on the research carried out for this issue, they are the only decisions that hold the view that the arbitral tribunal does not have the power to ...

13

UNCITRAL - with a Special Glance Model Law and Arbitration

UNCITRAL - with a Special Glance Model Law and Arbitration

... consider arbitration as an alternative form of trade disputes, a way of resolving disputes outside the regular court ...their arbitration is a classic form of alternative dispute resolution involving a ...

15

A critical appraisal of the Federal Arbitration Act 1925 and of the suitability of the model law as its replacement for international commercial disputes

A critical appraisal of the Federal Arbitration Act 1925 and of the suitability of the model law as its replacement for international commercial disputes

... Federal Arbitration Act (FAA) by reference to the UNCITRAL Model Law generated learned debate within the American arbitration ...the UNCITRAL Model Law is far more ...

539

Doctrine of separability

Doctrine of separability

... Bhd 17 , the issue deliberated was whether the disputes between the Plaintiff and the Defendant would come within the terms of the arbitration clause as provided under the production agreement even though ...

34

Party Autonomy in International Commercial Arbitration: Consolidation of Multiparty and Classwide Arbitration

Party Autonomy in International Commercial Arbitration: Consolidation of Multiparty and Classwide Arbitration

... 251, § 2A (West 2003) (The relevant part of the Act is that a party aggrieved by the failure or refusal of another to agree to consolidate one arbitration proceeding with another [r] ...

39

DELOCALIZATION AND THE APPLICABLE LAWS IN INTERNATIONAL COMMERCIAL ARBITRATION

DELOCALIZATION AND THE APPLICABLE LAWS IN INTERNATIONAL COMMERCIAL ARBITRATION

... to article 26 of the ICSID Convention, consent to arbitration is “exclusive of any other remedy”, at least to the extent that the parties have not otherwise ...ICSID arbitration would therefore bar ...

10

Labor Arbitration   Controlling Principles in the Arbitration of Classification Grievances

Labor Arbitration Controlling Principles in the Arbitration of Classification Grievances

... Labor Arbitration Controlling Principles in the Arbitration of Classification Grievances SMU Law Review Volume 9 | Issue 3 Article 4 1955 Labor Arbitration Controlling Principles in the Arbitration of[.] ...

25

Objections with Temporary Impediment Effect in International Commercial Arbitration

Objections with Temporary Impediment Effect in International Commercial Arbitration

... of arbitration. The case has been accepted in article 5 of the UNCITERAL Instance Law, and although it has not been explicitly included in the law of Iran, But this conclusion can be drawn ...

13

International Commercial Arbitration as an Alternative Method to  Solve International Commercial Disputes

International Commercial Arbitration as an Alternative Method to Solve International Commercial Disputes

... the international commercial arbitration gives the opportunity to choose the arbitrator or arbitrators with the proper professional knowledge which is only one factor to be considered but not of ...

7

Is Arbitration a Threat or a Boon to the Legitimacy of International Investment Law?

Is Arbitration a Threat or a Boon to the Legitimacy of International Investment Law?

... Bjorklund, Contract without Pivity: Sovereign Offer and Investor Acceptance, 2 Chi J Intl L 183 (2001) (pointing out that consent to arbitration under investment treati[r] ...

29

Electronic Discovery/Disclosure: From Litigation to International Commercial Arbitration

Electronic Discovery/Disclosure: From Litigation to International Commercial Arbitration

... As electronic disclosure has the tendency to incur transaction costs, the challenge is to design and agree on a flexible procedure that will enable technology to be utilised to search, retrieve, and produce documents in ...

19

American and Other National Variations on the Theme of International Commercial Arbitration

American and Other National Variations on the Theme of International Commercial Arbitration

... As with most modern statutes on arbitration, 1 23 the FAA recognizes the contractual principle of party autonomy and freedom, the elements that give arbitration its fund[r] ...

96

An Argument for Pre-Award Attachment in International Arbitration under the New York Convention

An Argument for Pre-Award Attachment in International Arbitration under the New York Convention

... International Commercial Arbitration Under the United Nations Convention and the Amended Federal Arbitration Statute, 47 WASH. Few cases have forced judicial resolution of whet[r] ...

27

The Commercial Law of Nations and the Law of International Trade

The Commercial Law of Nations and the Law of International Trade

... For example, several international organizations, including the Inter- national Bank for Reconstruction and Development, the International Monetary Fund, and the Europe[r] ...

23

Choice of Law and the UNCITRAL Harmonization Process

Choice of Law and the UNCITRAL Harmonization Process

... . UNCITRAL Secretariat, Possible Future Work: Cross-Border Insolvency, supra note 13, ...national law is applicable to a request for avoidance— the state of the foreign proceeding, the law of the ...

29

A Myriad of Contradiction with Title VII Arbitration Agreements   Duffield as the Past, Austin as the Future, and the EEOC as the Target of Restructing

A Myriad of Contradiction with Title VII Arbitration Agreements Duffield as the Past, Austin as the Future, and the EEOC as the Target of Restructing

... A Myriad of Contradiction with Title VII Arbitration Agreements Duffield as the Past, Austin as the Future, and the EEOC as the Target of Restructing SMU Law Review Volume 54 | Issue 1 Article 17 2001[.] ...

37

The Growing Role of Customized Consent in International Commercial Arbitration

The Growing Role of Customized Consent in International Commercial Arbitration

... parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement, or in an exchange of statements of claim an[r] ...

26

The Interaction between Shariah and International Law in Arbitration

The Interaction between Shariah and International Law in Arbitration

... 9 The statute operated with minimal controversy for a decade, but as Ontario's Muslim population nearly doubled from 1991 to 2003, Muslims increasingly began resolv[r] ...

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