Enforcing arbitration clauses in contracts
5 pages (1250 words) , Research Paper
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...Arbitration Clauses in Contracts Both the federal and the courts are championing for arbitration in contracts. A way of reducing the increasing burden of court cases in the judicial system. This research outlines why arbitration is a good avenue for the dispute resolution and the legal implications of including or excluding an enforceable clause in a contract. Information will be collected from secondary sources mostly law journals and closed cases. Examples of AT&T Mobility LLC v. Concepcion; a recent case heard by the Supreme Court will form precedence to the paper. Arbitration is enforceable to parties that are part or beneficiaries of the prime contract. Any subcontract entered... Enforcing...
Arbitration
2 pages (500 words) , Essay
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...arbitration process is protected. Parties are allowed to restrict access to confidential information and trade secrets. Moreover, the parties are required to select the arbitrator or panel of arbitrators. The arbitrator is required to act honestly and impartially and accord each party a reasonable opportunity to present his or her case. An arbitrator is also required to implement a procedure appropriate to the situation in order to arrive at a fair decision. Agreements to arbitrate or arbitration clauses are usually divided into two types. There are clauses that are contained in contracts and provide that in case of a dispute... Arbitration Arbitration is an alternative form of dispute resolution....
Arbitration
1 pages (250 words) , Coursework
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...Arbitration affiliation Separability used in Arbitration The doctrine of separability has been acceptable in the USA and Europe for a long time now. 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 of the rules in the court when the involved parties agree to it. However, in a case in England of Kill Verse Hollister a ruling (1746) was made that the arbitration clause was not in spirit with the 1698 Act, rendering it incapable of being enforced through the judicial process. When a law doctrine does not adequately serve the purpose of complementing... Separability in...
International Arbitration Law
18 pages (4500 words) , Download 2 , Essay
...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. Accordingly, an agreement is considered an arbitration agreement when it constitute an arbitration clause or has provided arbitration as the ultimate method of dispute resolution1. Arbitration does not arise automatically as a possible method for resolving... ?Section A (A Legal Advice on the Content of...
Arbitration
10 pages (2500 words) , Coursework
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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. National courts (appointing authority) also have a role to play in referring the parties to arbitration. Parties to the dispute...
Arbitration
10 pages (2500 words) , Download 1 , Coursework
...arbitration. When a dispute first arises, none of the parties may think about resorting to arbitration in the initial stages. However, any one of the disputing parties may propose that instead of the going through the usual legal procedure, the dispute can be resolved by the method of arbitration under the mutual agreement. Again, there are certain cases of dispute, where arbitration clauses are included in the standard agreement. In such cases, the parties involved in the dispute are needed to go through the arbitration process irrespective of whether arbitration can provide a mutually agreeable solution to the case. In the present... ? Arbitration The Concept of Arbitration as a Type of ADR The idea of ...
Labor Arbitration Process
6 pages (1500 words) , Essay
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...arbitration. The president's National Labor-Management Conference of 1945 also recommended the application of the arbitration process to settle labor disputes". (Arbitration and Mediation, 2000). In the United States, studies have shown that the number of collective bargaining agreements that suggest arbitration as a labor dispute mechanism is on the high. Massey V. Robert Jr. opined in his report that "By 1944 the Bureau of Labor Statistics showed that 73% of all labor contracts in America contained arbitration clauses and by the early 1980's that figure had grown to 95%. Today, 98% of...
Unit 2 LS311 Torts and Cyber Torts-CASE STUDY
1 pages (250 words) , Essay
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...Arbitration clauses The position of the courts on arbitration clauses provide that if the dispute falls inside the scope of the contract the arbitration clause binds the parties. When the arbitration clause provides for arbitration on the dispute between the two parties, the clause binds them, and they must arbitrate. In the determination, of whether the dispute covered with the clause the courts inquire on whether they have to look into the contract to find the rights of the parties...
Critical Thinking Case Study
1 pages (250 words) , Case Study
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...Arbitration Clauses on Consumer Contracts al Affiliation) After careful analysis of all the material, I think that companies should be permitted to insert binding arbitration clauses in consumer contracts. In our current times, there are many cases of big companies taking advantage of the general public and other stakeholders through dubious methods, employed by the management of such companies, in order to make profit. Due to the abundance of law suits, by civilians, against big companies such as pharmaceutical companies, there has been a backlog in the judicial system with cases taking years before any verdict can be reached. Arbitration would ensure that consumers are able... Benefits of Mandatory...
INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION
15 pages (3750 words) , Coursework
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...arbitration clause survives the death of the contract, or the invalidity of a contract, is one of evolving law in England. Starting with the early days, arbitration clauses were considered just another contract term, therefore were not deemed to survive the death of a contract, let alone its invalidity. However, this evolved in steps – first, the arbitration clause began to be considered as separate from the underlying contract; then, even though it was separate, it was held that it did not survive the end of the contract; then it was held that it would survive the end of a contract, and would survive if a contract was voidable, but no if a contract was void. Eventually... ?Introduction Whether an...
Arbitration and Construction Essay
6 pages (1500 words) , Essay
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...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. to comment this proposed draft and, if needed, recommend the necessary amendments. “Any dispute or whatever nature arising out of or in any way relating to the Agreement or to its construction or fulfilments can be referred to arbitration. Such arbitration shall take place in Dubai or Sana’a, or any other place as the parties may agree, and shall proceed in accordance with the Rules of Arbitration of the LCIA-DIFC in Dubai... ?The following draft...
Arbitration Law
18 pages (4500 words) , Assignment
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...arbitration to reference to litigation and even mediation. Reference to litigation, also known as Jurisdiction Clause, is done through the courts. The jurisdiction clause is added when parties to a contract want a certain court, or a specific number of courts, to determine their case. However, including the jurisdiction clause into the contract in a situation where the parties have settled on an alternative forum as their most preferred is outlawed7. 2. Jurisdiction Clauses This clause is one of the considerations to be made when drafting a standard dispute resolution clause8. As indicated above, the jurisdiction... SECTION A: LAW REPORT ON THE STANDARD DISPUTE RESOLUTION CLAUSE The law to be used in...
The Mediation and Arbitration Process
7 pages (1750 words) , Download 1 , Essay
...Arbitration is the process of submitting a dispute to an impartial person for final and binding determination. Arbitration agreements are generally divided into two types. The first type of arbitration is whereby the two parties enter into a contract that has an arbitration clause stating that if a dispute should arise it will be settled through arbitration. The second type of agreement is usually signed after a dispute has occurred and then the parties agree that the dispute should be resolved through arbitration. This sometimes is called a submission agreement... Mediation and Arbitration Process Mediation and Arbitration Process Arbitration and mediation are two methods of alternative dispute...
Analysis Cases In Arbitration
13 pages (3250 words) , Research Paper
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...arbitration clause that was enclosed in the Card Acceptance Agreement was not considered to be worthy enough to cover their anti-trust claim. Furthermore, the Plaintiffs i.e. Italian Colors Restaurant did not reject the fact that the case involved both lawful as well as evidentiary difficulties, whereby the claimants did not assert that their claims were too complex to be handled in a proper manner in the case of arbitration. The Plaintiffs claimed that they were not hesitant to proceeding in class-wide arbitration. The Plaintiffs did not attempt to renew the historical judicial antagonism towards arbitration signifying it, as one of the dispute... ?Analysis Cases in Arbitration Table of Contents...
International Commercial Arbitration and Privity of Contract
14 pages (3500 words) , Essay
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...arbitration clauses are often specifically contained in contracts, which are specified as binding on the parties outside of court: ICA is binding privately according to the agreement of the parties.3 The purpose of the UNCITRAL Model Law is to aid states in reforming and brining up to date their national laws and regulations on the process of arbitration and it was adopted and implemented globally some 26 years ago.4 The Model Law is comprehensive and applies to all signatory states... ?International Commercial Arbitration and Privity of Contract Introduction The formation and development of international commercial arbitration has grown in importance as the world of business progresses on a global...
Question 5: Qutek-TQD : Thai Sale of Goods Contract with Australian Firm
3 pages (750 words) , Assignment
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...arbitration clause Compulsory arbitration clauses are obtainable to customers as a component of a contract of union. The consumer hardly, if ever, has the capability to bargain substantive conditions present in the available contracts. This part provides for declaration of disputes through closing and binding arbitration prior to an impartial arbitrator in stead of in a courtyard by an arbitrator or a jury or through a group action (Cory, 1932). Commerce has opted to arbitration as a major approach to prevent potential losses and permit expenses to be precisely predicted. The obvious benefits of compulsory arbitration clause to businesses... ?Question 5: Qutek-TQD – Thai Sale of Goods Contract with...
Business law
6 pages (1500 words) , Research Paper
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...arbitration as a means of resolving conflicts. This contractual agreement is present in many businesses and individuals sign without the knowledge that they have embedded their signature to permit such a process. This is the reason why the article calls the process as a forced arbitration because majority of participant are unaware of them. There is even an example where a consumer who has claims against the wholesaler unwillingly has to undergo the arbitration process because unknowingly in their agreement an arbitration clause was present. Holding that each party has the right... Critical analysis of Arbitration Disputes are common as long as a relationship exists either between individuals but more...
The principle of party autonomy and the applicable law are playing different but interrelated roles in international commercial arbitration. Critically evaluate this Statement.
21 pages (5250 words) , Assignment
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...arbitration agreement 13 The law governing the arbitral tribunal and its proceedings (lex arbitri – procedural law) 14 The law governing the substance of the dispute 15 The law governing recognition and enforcement of the award 16 Model Clause 17 Conclusion 19 Bibliography 21 Introduction Within the central legal tradition, an almost impassible border existed between private law on one hand, and the field of public law on the other (Cafaggi & Watt, 2009, p. 259). This strong separation exists in international law’s private theory since scholars have long considered... The principle of party autonomy and the applicable law are playing different but interrelated roles in international commercial...
Assess the importance of International arbitration in international business.
11 pages (2750 words) , Essay
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...arbitrate on the matter rather than resort to litigation. The decisions of these arbitration tribunals are always binding and final, and it is important to note that in international arbitration of disputes, the parties are allowed to modify the terms of the dispute resolution in line with their needs. The question that then rises is how international arbitration works in international businesses. In most international business agreements, there are dispute resolution clauses that state how all disputes within the agreement can be referred to for arbitration and includes such modalities such as the language of the arbitration and the governing law... ?Importance of International Arbitration in...
Umbrella Clauses in Bilateral investement Treaties & Comparison between ICSID, UNCITRAL and ICC
22 pages (5500 words) , Essay
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...Arbitration By Question Critically evaluate the effectiveness of “UMBRELLA” clauses in Bilateral Treaties (BITS) as a method of resolving claims arising out of investment contracts. Introduction BITs typically contain an umbrella clause which is also known as an “observance of undertakings clause”.1 The umbrella clause requires the contracting states to the BIT to undertake compliance with the state obligations in relation to investors from the other state. According to Foster, umbrella clauses are usually the enabling clause for investor/state disputes arising under the BIT.2 There is some confusion as to whether or not an umbrella clause is applicable to investment contracts... concluded...
The Development and Acceptance of Labor Arbitration
12 pages (3000 words) , Essay
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...clause in the contract that he arbitrated. It allowed for automatic membership of a union for employees hired in a firm with a union contract. The employee was required to pay dues to the union's good standing, failure to which an employer could dismiss the worker. This strategy ensured that nonunionized workers kept away from the demos and destruction. Such incidences could lay on the line the already weak... DEVELOPMENT OF LABOR ARBITRATION The Historical Aspect on the Development and Acceptance of Labor Arbitration Prior to and Through the Second World War Name: Lecturer: Institution: Course: Subject: Date: Outline Abstract Arbitration is a term used to refer to the process of resolving differe...
An investigation into the effectiveness of Arbitration as an Alternative Dispute Resolution (ADR) within the U.K construction in
14 pages (3500 words) , Download 1 , Literature review
...arbitration compared to the legal recourse makes arbitration an effective alternative dispute resolution. Arbitration in construction industry Generally arbitration clauses are included in almost all the construction contracts. Hoellering (1984, p. 34) stated “Resolving construction disputes through means other than litigation is now... ? Effectiveness of Arbitration as an Alternative Dispute Resolution (ADR) within the U.K. Construction Industry Introduction The industrial and laborlegislations enacted in the United Kingdom encourage settlement of disputes in the industries through mediation, conciliation and arbitration. The spirit behind the law, rules and regulations is to ensure cordial business...
Issues Relating to Arbitration in Outsoursing Contracts
15 pages (3750 words) , Essay
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...Arbitration Clauses and the Geneva Convention on the execution of foreign arbitral awards4. It is to be noted that both the India and the UK are parties to the New York Convention of 1958 particularly on the Recognition and Enforcement of Foreign Arbitral Awards and hence an arbitral award obtained in UK is implementable and enforceable in India. For implementing a foreign award in India, the Code of Civil Procedure 1908 (CPC) needs the execution of decrees whether domestic or foreign in India. In one another case, a foreign award rendered in an arbitration proceeding held in London...
Sharia Law and International Commercial Arbitration and Enforcing Foreign Judgments.
60 pages (15000 words) , Dissertation
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...arbitration may be possible. According to him the requisite elements of such a system are: “(1) effective arbitration clauses; (2) efficient procedural rules; (3) experienced arbitration institutions; (4) national laws that facilitate arbitration; and (5) international treaties that assure the recognition of agreements to arbitrate and the enforcement of foreign arbitral awards.”13 Presently, the arbitration clauses and procedural rules are in place, but as with most legal provisions, are in need of constant development and updating in light of the evolving global economic regimes... . There is admittedly a dearth of arbitration institutions which would not only competently...
Business Law
1 pages (250 words) , Essay
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...arbitration clauses valid by its absence of an express disclaimer informing the customer of the specific method by which to express his or her rejection of the terms, usually a return of the product as was in the case of ProCD, Inc v Zeidenberg 908 F Supp 640 (1996). The implication of this is that DeFontes has no notice that a rejection of the terms should be expressed by returning the product and therefore, as to her, the arbitration term is not binding. She therefore, has good chances... Running Head: UNIT 6 CASE ANALYSIS Unit 6 Case Analysis By The problem involves a shrink-wrap agreement, which is defined as an agreement “whose terms are expressed inside a box in which the goods are packaged”...
Sharia Law and International Commercial Arbitration and Enforcing Foreign Judgments
75 pages (18750 words) , Dissertation
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...arbitration may be possible. According to him the requisite elements of such a system are: “(1) effective arbitration clauses; (2) efficient procedural rules; (3) experienced arbitration institutions; (4) national laws that facilitate arbitration; and (5) international treaties that assure the recognition of agreements to arbitrate and the enforcement of foreign arbitral awards.”13 Presently, the arbitration clauses and procedural rules are in place, but as with most legal provisions, are in need of constant development and updating in light of the evolving global economic regimes... . There is admittedly a dearth of arbitration institutions which would not only competently...
Contract Analysis. Newport Management Corp. Administrative and CoreLogic Tax Outsourcing Service Agreements.
4 pages (1000 words) , Research Paper
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...clauses too, as well as privacy and confidentiality clauses and audit clauses that offer substantial legal protection for both parties in those areas. There is a set period of three years for the contract, and terms for a yearly renewal, as well as termination clauses. The indemnification and arbitration clauses are detailed and comprehensive, and cover many substantial areas of potential dispute. Quality standards for service are also clearly stipulated in the Appendix, Appendix D, giving the servicer concrete metrics with which to gauge the quality of service provided by the Company. There are clauses too that strictly... ? Contract Analysis Table of Contents I. Newport Management Corp. Administrative...
Enforcing Arbitration Agreements and Awards for non-signatories in International Commercial Arbitration - Law
28 pages (7000 words) , Essay
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...arbitral practice where one or more parties had not themselves formally signed or countersigned the arbitration clause have one element in common: namely the element that justice would not seem to be done.’ Pepperdine Dispute Resolution, Law Journal, 2004: p.469 Arbitral Commencement During a commencement of functional arbitral duties, the arbitral community seeks to show that arbitration is a mediated dispute that works to settle up a resolution of choice between to parties that have some sort of binding contract between each other. These issues are usually quite complex, especially when dealing with a multi-party that have multi-contracts... ? Enforcing Arbitration Agreements and Awards for...
The Arbitration Provisions Introduced by the United Nations Conventions for Contracts of Carriage by Sea
35 pages (8750 words) , Research Paper
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...clauses with agreements to arbitrate, the arbitration provisions were included in the Rules.12 The arbitration provisions of the Rotterdam Rules are therefore intended to prevent carriers making this substitution and to ensure that those with disputes with carriers are protected. In this regard, the arbitration provisions also contain jurisdiction constraints like those contained in Chapter 14 of the Rules.13 In general, arbitration under the Rotterdam Rules is not compulsory and therefore parties whose contracts fall under the Rules will not be compelled to arbitrate disputes arising under the contract. Instead, parties are permitted to agree to submit a dispute to arbitration.14... ?The Arbitration...
International Commercial Arbitration: Critically evaluate the use of pre-appointment interviews in the appointment of arbitrator
12 pages (3000 words) , Assignment
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...arbitration provision is invalid as well. In Buckeye v Cardegna, for example, the United States Supreme Court ruled that arbitration provisions are “valid, irrevocable, and enforceable” and that only in instances when the arbitration provision or the agreement to arbitrate is challenged and proven invalid would such provision would be unenforceable.11 This is also the same in other countries. In China the arbitration clause is deemed autonomous from a principal contract since it treated as a consequence of the parties’ autonomous will. The Notices of Supreme People’s Court declares that “laws have no other restrictions to terms and conditions of the effect of such clause, nor does... ?PRE-APPOINTMENT...
Contract Analysis
4 pages (1000 words) , Research Paper
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...clauses too, as well as privacy and confidentiality clauses and audit clauses that offer substantial legal protection for both parties in those areas. There is a set period of three years for the contract, and terms for a yearly renewal, as well as termination clauses. The indemnification and arbitration clauses are detailed and comprehensive, and cover many substantial areas of potential dispute. Quality standards for service are also clearly stipulated in the Appendix, Appendix D, giving the servicer concrete metrics with which to gauge the quality of service provided by the Company. There are clauses too that strictly... Contract Analysis Table of Contents I. Newport Management Corp. Administrative...
Critically analyse whether courts too readily intervene in the international commercial arbitration process, so that party autonomy is qualified?
15 pages (3750 words) , Research Paper
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...arbitration “is a means by which disputes arising out of international trade and commerce are resolved pursuant to the parties voluntary agreement, through a process other than a court of competent jurisdiction.” 1Arbitration is a legal system that exists in its own bubble, so to speak. It does not operate solely on the basis of contract, nor on courts relinquishing jurisdiction, but, rather, has a life of its own, an existence outside the traditional legal system.2 Moreover, by choosing arbitration, the parties have agreed that they want to settle their matter in way that is alternative to the courts, and, by agreeing to an arbitration clause, the parties have explicitly... International commercial...
What are advantages and disadvantages of arbitration in international law? Discuss.
16 pages (4000 words) , Essay
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...Arbitration is the preferred method for companies when dealing with labor relations in international settings. A good strategy companies can utilize is to include mandatory arbitration clauses within the collective bargaining agreements. “By signing an arbitration clause both parties agree that any dispute will be heard not by the court, but by a neutral individual or panel in which the arbitrator is selected in the seller’s country, not the buyers” (Delaney, 2007... The business world has grown in tremendous proportions due to the globalization movement. A common occurrence in business dealings is disagreements and disputes over different issues. Once the disputes escalate the normal route was to take...
The role of arbitration in settling foreign invetment related disputes'
68 pages (17000 words) , Download 1 , Dissertation
...clause and the arbitration clauses typically included in BITs. An analysis of resulting arbitration awards will also be conducted. The provision for institutional and ad hoc ISA in BITs will also be examined. Contents Abstract 2 Contents 3 Introduction 5 I.Research Questions 7 II.Statement of the Problem 8 III.Significance of the Study 10 IV.Aims and Objectives 11 V.Research Methods and Designs 11 A.Research Methods 11 B.Research Design 13 Chapter Two 14 The Investor State Relationship 14 Introduction 14 I.Investor/State Relationships 14 A.Definition of Foreign Direct Investment 14 B.FDI and Investor-State Relations 17 II.Issues... ?The Role of Arbitration in Settling Foreign Investment Related Disputes...
Critically evaluate the use of Anti suit injunctions in International Arbitration.
20 pages (5000 words) , Essay
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...clause in the arbitration agreement concerning the forum that would take charge in the arbitration process, or a breach in the arbitration agreement. The argument put forward in support of such orders is that the enjoining judge would, by providing such orders, be ordering that the arbitration agreement be implemented to the benefit of all the parties to the dispute51. However, this basis of reasoning can be disputed on the grounds that the agreement on the arbitration process may not have in it a strict obligation to the parties in the dispute not to take such a referral. The arbitration agreement may not clearly spell out strict guidelines on the issue of referral such that in the event... Anti-suit...
ESSAY for Mid Term Exam Business Law
1 pages (250 words) , Essay
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...arbitration The distribution contract between Castilla S.L. and New Jersey Inc. is a distribution agreement. Like every other contract, there has to be an offer and acceptance for the contract to be enforceable (Elliott, and Quinn, 2013). The two corporate entities enter into a distribution agreement to distribute chattels produced in the United States, Spain, and parts of Latin American. The two corporate entities include an arbitration clause in the contract as a reflection of the good business relationship existing in their business operations. According to Friedland and Paul, (2007), the arbitration clause serves... agreement. New Jersey Inc. should ensure that the products delivered to...
Labor Relations
8 pages (2000 words) , Essay
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...clauses on arbitration are placed in areas which render their useful meaning to be unrealistic e.g. within sealed user's manual in products. These agreements are of two kinds; Agreement with a provision for solution of any arising dispute by arbitration they are in most cases normal contracts and usually contain arbitration clauses; Agreements made due to dispute that has arisen consenting that it be resolved by arbitration. The first is the most common kind of arbitration. The law is much cautious to enhance the legitimacy of arbitration clauses since the process looks sometimes informal... Running head: LABOR RELATIONS OR EMPLOYMENT RELATION ISSUE IN WORK PLACE Labor Relations or Employment Relation...
AT&T MOBILITY LLC v. CONCEPCION ET UX.
5 pages (1250 words) , Essay
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...arbitration clause that mandated all claims to be brought in the individual capacity of the party as opposed to a plaintiff or class member in ant representative proceeding... AT&T Mobility LLC v. Concepcion ET UX al Affiliation AT&T Mobility LLC v. Concepcion ET UX Table of contents Introduction Body Summary The Issues in the Case The Majority Opinion and the Reasons for Their Decision Minority Dissent versus Majority Opinion Ethical situation in the case Conclusion References Table of Acronyms AT&T- American Telephone and Telegraph Company LLC- Limited liability company FAA- Federal Arbitration Act Abstract In the AT&T Mobility LLC v. Concepcion et ux. case, the Supreme Court in U.S ruled against the us...
Dispute Resolution in Oil and Gas Contracting
6 pages (1500 words) , Essay
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...arbitration notice was without any dispute, or the dispute is not according to the arbitration clause though this may result from errors in procedures. Finally, if the matter is under the arbitration agreement, the arbitrator gets the power to decide if the matter submitted to him/her is under the relevant negotiation arrangements 4(p.72). In ruling on substantive jurisdiction, the arbitrator uses two approaches, firstly, he uses the “in an award as to jurisdiction” and secondly, he uses “in his award on the merits”. The “in his award on the merits” focuses on the substantive disputes available in the case. In deciding the approach that he/she will use... ? Dispute resolution in oil and gas contracting...
THE SCOPE OF AN ARBITRATION AGREEMENT IS A THIRD PARTY BOUND BY IT
9 pages (2250 words) , Dissertation
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...Arbitration Clause to Non-Signatory Companies and States 42 Chapter Four: MULTI PARTY ARBITRATION IN DIFFERENT VIEWS 44 4.1 Multi Party Arbitration Under French Law 48 4.2 Multi Party Arbitration Under English Law 49 4.3 Multi Party Arbitration Under ICC Rules 51 Chapter five: CONCLUSION 54 Chapter one: INTRODUCTION Globalization has become the norm in most industries, necessitating the execution of contracts that bind parties in economic and financial obligations upon which their businesses... ?THE SCOPE OF AN ARBITRATION AGREEMENT IS A THIRD PARTY BOUND BY IT Executive Summary Table of Contents Page Executive Summary 2 Table of Contents 3 Chapter One: INTRODUCTION 5 Chapter Two: SCOPE OF ARBITRATION...
"The Effects of a Adopting a Mandatory Employment Arbitration System in The Middle East and The UK"
43 pages (10750 words) , Essay
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...arbitration is older than the common law, and records of arbitrated disputes can be traced back to 1224. 94Ancient Rome used arbitration as the preferred method of resolving commercial disputes, a trend that was fortified in the Middle Ages. 95 In the United States, long before the Europeans arrived, the Native American tribes used arbitration to resolve disputes within the tribal communities and also between different tribes. 96 In fact, George Washington, the first US president, had an arbitration clause drafted into his will97. The arbitration clause dictated that in the event any dispute arose out of the wording of his will, the matter would be resolved by reference... Chapter One THE ROOTS OF...
Labour relations or employment relations issue in workplace
5 pages (1250 words) , Essay
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...clauses on arbitration are placed in areas which render their useful meaning to be unrealistic e.g. within sealed user’s manual in products. These agreements are of two kinds; Agreement with a provision for solution of any arising dispute by arbitration they are in most cases normal contracts and usually contain arbitration clauses; Agreements made due to dispute that has arisen consenting that it be resolved by arbitration. The first is the most common kind of arbitration. The law is much cautious to enhance the legitimacy of arbitration clauses since the process looks sometimes informal. Clauses... Running head: LABOR RELATIONS OR EMPLOYMENT RELATION ISSUE IN WORK PLACE Labor Relations or Employment...
International Arbitration
10 pages (2500 words) , Research Paper
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...arbitration and alternative dispute resolution clauses. Advising on arbitrators' fees. Making any relevant inquiries of and arrangements with arbitration centers elsewhere in the world. Accrediting mediators for use on the Court Annexed Family Scheme. Administering the mediation service for Hong Kong government contracts. Literature from the official website of HKIAC generally depicts that the Hong Kong court has left all the work on international arbitration to an independent company in the state. The court ensures minimum interference as possible and almost all of the supervision and work of international arbitration is carried out by the HKIAC and the other bodies formed... TOPIC: COURT'S SUPERVISION...
THE SCOPE OF AN ARBITRATION AGREEMENT IS A THIRD PARTY BOUND BY IT
49 pages (12250 words) , Dissertation
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...arbitration agreement or clause is usually attached to a principal contract defining the relationship between the parties. When claims arise on the basis of the main contract, then arbitration is resorted to. There are a system of rights and obligations that come into play that occasionally involve third parties non-signatory to the contract (and consequently the arbitration clause) either as beneficiary or in some other capacity that is intricately connected to the transaction subject of arbitration. A dilemma is created when the need arises to include such third party under the coverage of the arbitration procedure in order to provide... ?THE SCOPE OF AN ARBITRATION AGREEMENT IS A THIRD PARTY BOUND BY...
Application of International Law
4 pages (1000 words) , Essay
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...arbitration highlight the importance of honoring contractual obligations. Therefore in my opinion, Monarch Associates should proceed by allowing their joint venture dispute to be handled in Russia. A binding arbitration agreement clause was signed by both parties, which stipulated that any and all future legal and non-legal disputes be handled in Russia. One of the major advantages that Monarch Associates are bound to accrue is the fact that under section 3 of the UNCITRAL Arbitration Proceedings, all parties involved in an arbitration dispute have to be treated equally. Additionally, all the parties have to be provided an opportunity to represent their cases before the arbitration tribunal... Application...
NEGOTIATION AND CONFLICT RESOLUTION
3 pages (750 words) , Essay
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...clauses included in the agreement. It seems necessary to have mediation or negotiation as the step before arbitration because they are less time consuming and more effective. Also, this gives both the parties a chance to listen to the position of the other party, and may give valuable insight about the weakness in ones own position. Anyway, as Friedland (2007, Ch 7) points out, it is necessary to have negotiation regarding the acceptability of mediators, negotiator, the binding nature of arbitration, and the possibility of reviewing arbitrator’s decision through a court of law. 3. Admittedly, to run a business, it is necessary to have clear idea about the various situations when a firm... ? Negotiation...
George Ltd is a plumbing firm in London. It has entered into a five year agreement with the Malaysian company CheapStock Corp. for the supply of toilet flushes. Their contract contained the following term: Any disagreement or dispute between the parties
9 pages (2250 words) , Coursework
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...arbitration.  A year after the signature of the contract, George Ltd wishes to terminate the agreement due to changes in the business environment. CheapStock considers the termination a violation of their agreement.  Advise George Ltd as to the validity of the arbitration clause and on the steps that need to be taken to commence arbitral proceedings. Introduction Arbitration is an alternative way... can be implementable if both parties agreed on it. In order to resolve the issues through arbitration, the parties at the time of agreement includes arbitration clause in it. The parties in disputes may refer the matter to...
International Agreement of two companies
9 pages (2250 words) , Coursework
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...arbitration.  A year after the signature of the contract, George Ltd wishes to terminate the agreement due to changes in the business environment. CheapStock considers the termination a violation of their agreement.  Advise George Ltd as to the validity of the arbitration clause and on the steps that need to be taken to commence arbitral proceedings. Introduction Arbitration is an alternative way to settle... ? Law No: Scenario: George Ltd is a plumbing firm in London. It has entered into a five year agreement with the Malaysian company CheapStock Corp. for the supply of toilet flushes. Their contract contained the following term:  Any disagreement or dispute between the parties is to be settled by...
AT&T Breach of Contract suit
6 pages (1500 words) , Research Paper
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...arbitration. Lower court ruling and reasoning The trial court ruled in favour of the defendants and ordered that the matter be referred to arbitration. The plaintiffs appealed against this decision. In its ruling the court found that the contract governing the agreement between the defendant and the plaintiff contained an express provision referring any disputes between the parties to arbitration. The arbitration clause required that the disputes be resolved by arbitration in exclusion of the jury trial and class actions. According to the courts finding the clause barred class action which the plaintiff purported to institute against... Hendricks v. AT&T of Parties The parties in this case were...
AT&T Breach of Contract Suit
6 pages (1500 words) , Research Paper
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...arbitration. Lower court ruling and reasoning The trial court ruled in favour of the defendants and ordered that the matter be referred to arbitration. The plaintiffs appealed against this decision. In its ruling the court found that the contract governing the agreement between the defendant and the plaintiff contained an express provision referring any disputes between the parties to arbitration. The arbitration clause required that the disputes be resolved by arbitration in exclusion of the jury trial and class actions. According to the courts finding the clause barred class action which the plaintiff purported to institute against the defendants... ? Hendricks v. AT&T of Parties The parties in this...
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