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Arbitration
2 pages (500 words)
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They are dispute resolution techniques, which act as a way for most of the disagreeing parties establishes an agreement away from litigation. It also includes a collective… In fact, many courts require that some parties engage in alternative dispute resolution mechanisms before permitting trial for the cases by the parties (National Paralegal. 2005). The…
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Arbitration
2 pages (500 words)
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This approach provides parties to a conflict with an alternative to resolve the dispute without litigating. The two parties to a dispute elect an impartial third party to hear them and then make an award based on the… Additionally, other characteristics of arbitration are that it is a confidential process. The confidentiality of the existence of the process as…
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Arbitration
10 pages (2500 words) , Download 1
Arbitration The Concept of Arbitration as a Type of ADR The idea of Arbitration usually arises in a situation of settlement of a deal. Arbitration refers to a range of procedures for resolving disputes out of courts of law. It is a type of Alternative Dispute Resolution (ADR).… The advantage of arbitration is that parties can manipulate it to suit their…
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Arbitration
1 pages (250 words)
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Osborne Development Corp., Thomas Baker, a homeowner, brought suit against Osborne for defects in housing that Baker had purchased, and Osborne had constructed. However, Osborne had already enrolled the buyers in a Home Warranty program, administered by… thers are not bound by the arbitration agreement because they did not directly agree to it, as well as the…
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Arbitration
10 pages (2500 words)
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Arbitration The arbitration clause in a contract which is a common feature in all international contracts is an agreement separate from the underlying contract and hence known as the “bedrock” of international arbitration.1 The arbitration agreement must be carefully drafted so as to provide for the rights of the parties and their duties to submit to arbitration proceedings and competence of arbitral tribunal to resolve disputes.…
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Arbitration
1 pages (250 words)
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In England, the clause of arbitration legislation has been separate, and it is enshrined in the 1698 Arbitration Act. The Act had been established to allow arbitration clauses to be part… hen a law doctrine does not adequately serve the purpose of complementing the intended Act and the law keepers are unwilling to enforce the law contract as it is due to the…
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Arbitration
5 pages (1250 words)
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In an arbitration proceeding, the case is made known to a specific government agency that will provide administrative services to parties, the complainant and the… Arbitration is the submission of a complainant to an intended respondent for a settlement of a dispute. The result of the settlement will be final, binding and executive in nature between the two…
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Arbitration
3 pages (750 words)
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O’Connell has the burden of proof, that is, the individual initiating the lawsuit also known as the plaintiff. He holds the burden of proving his case by the majority of the evidence. He must offer facts of his claimed damages by indicating that the incident was more… O’Connell are of equal argument, this implies that the teacher failed his stance on the…
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Arbitration
3 pages (750 words)
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The claimant is a deaf and partially blind recent arrival to the country. However he is clearly intelligent and highly motivated to integrate rapidly - for example he has relearned sign language and quickly obtained employment. He claims that he has been wrongly accused of a number of misdemeanours namely, fighting with a colleague, and damaging company property.…
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International Arbitration
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The validity of an international arbitration agreement is substantively affected when: a) The arbitration agreement is incapable of being performed. b) When parties cannot agree on the jurisdiction of laws to be used in their case. … There is a waiver of the right to arbitrate (Born, 2015). d) If the issue at hand relates to personal status of a party or…
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International Arbitration
10 pages (2500 words)
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The court in any state is a respected institution because of the position it holds in the nation. In many countries today it is the national court that decides on most of the crucial matters regarding the welfare of the citizens as well as foreigners in that nation.… It is not a surprise that the research compares the two, though they are more of a single…
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Arbitration Law
5 pages (1250 words)
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Arbitration, as an alternative dispute resolution mechanism, envisages settlement of disputes out of court, by an impartial tribunal.1 The parties have latitude to elect the law governing arbitration,2 language of the arbitration, rules that govern the arbitration3, language… Consequently, the level of judicial control should not be too high (Ping Han 2007).5…
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International Arbitration
8 pages (2000 words) , Download 1
TABLE OF CONTENTS Abstract 2 Shortcomings with International Investment Arbitration 3 Chapter 1 – Introduction 3 Chapter 2 – Research Methodology 6 Chapter 3 – Literature Review 7 Case Studies 20 Chapter 4 – Discussion 36 Chapter 5 – Conclusion 40 Bibliography 44 Abstract This research work deals with the effectiveness of Investment Treaty Arbitration in resolving the disputes.…
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Arbitration Law
12 pages (3000 words)
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Arbitration is essentially a process of dispute resolution inspired by ones free will where a neutral third party renders a final and binding decision after the concerned sides have presented their views. … With the rapid strides made by the world financial and business communities, it has become imperative for businesses to have a proven method of resolving…
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UK Arbitration
14 pages (3500 words) , Download 1
Arbitration today is commonly used to resolve commercial disputes most specifically in the context of international commercial transactions although labour, consumer, investors, family and even states disputes are encompassed. Whilst the creation of the Court symbolised the development of methods for the peaceful settlement of international disputes, the origins of which can be said to go back to classical times.…
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Arbitration Law
18 pages (4500 words)
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The differences in the provisions of the different laws applying to the different countries’ dispute resolution mechanisms affect in many ways the drafting of a… to consider before getting into an agreement such as this one and the relevant alternative methods of solving disputes that may arise between the parties to a contract such as this other than…
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Mandatory Arbitration
2 pages (500 words)
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In this scenario, two or more o the aggrieved parties submit their cases at issue to a neutral arbiter. In addition, these parties do not opt for litigation. In summation, it is a contract term which prevents judicial… Given that I have a start up business on car detail, I cannot create a contract that with mandatory arbitration. This is because, mandatory…
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Labor Arbitration Process
6 pages (1500 words)
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Labor arbitration is one of the widely accepted methods of labor dispute resolution world wide. Labor arbitration as a means of finding solution to labor problems succeeded in many instances in the history of labor relations. In fact, labor arbitration has a place of prominence in the labor relations of business and non-business organization across the world.…
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International Arbitration Law
18 pages (4500 words) , Download 2
Section A (A): Legal Advice on the Content of Arbitration Clause Arbitration aims to provide an alternative method to the traditional civil court settlement to resolve a dispute based on law, fact or both. In order to provide a binding decision for the resolution of the dispute and to ensure that the parties to the case accept the arbitral award, it is necessary that the agreement signed between the parties should be an arbitration agreement.…
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International Commercial Arbitration Law
15 pages (3750 words)
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This paper attempts to analyse the significance of the arbitration agreement in matters of international arbitration. It also attempts to support the validity of the notion that the presence of a valid agreement is a prerequisite for the arbitration process.… The paper tells that an international commercial arbitration has been an element of study owing to…
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Arbitration and Construction Essay
6 pages (1500 words)
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The following draft clause has been inserted into a capital construction contract (the Agreement), to be signed between your company (based in Dubai) and company based in Sana’a (Yemen). Being the contract manager and the arbitration specialist, you are requested by the C.E.O.… Both parties hereby agree that, at least, one arbitrator should be Dr Karim Akram.”…
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Arbitration and Adjudication
6 pages (1500 words)
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When examining the evidence in favour of resolving disputes through arbitration - in which parties take their conflict to an impartial third party, who provides them with a resolution (Schellenberg 1996, p 196) - rather than adjudication - resolution of a dispute through the court system - both the identity of the involved parties and the scale of the dispute must be taken into account.…
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English Arbitration Act 1996
20 pages (5000 words)
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The roots of the English arbitration acts have been in existence for centuries. The first one was in 1698 followed by several acts that had organized and developed arbitration according to the requirements of each era.… This Act was formed for improvements accumulating from the former arbitration acts and case law following the structure and language of the…
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International commercial arbitration
14 pages (3500 words)
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ADVANTAGES AND DISADVANTAGES1 OF INTERNATIONAL ARBITRATION LITIGATION: In simple words, litigation is defined as a process through which an argument between two or more parties is taken to a court. ‘(Cambridge dictionaries)’1. The proceeding been taken by the courts as a result of charge is also termed as litigation.… ‘(Murray, 2011)’3. In other words,…
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Arbitration Law paper
5 pages (1250 words) , Download 1
ARBITRATION LAW By Course Instructor Institution 31, Mar 2012 Arbitration, as an alternative dispute resolution mechanism, envisages settlement of disputes out of court, by an impartial tribunal.1 The parties have latitude to elect the law governing arbitration,2 language of the arbitration, rules that govern the arbitration3, language applicable to them and the seat of arbitration4.…
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