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Enforcing arbitration clauses in contracts
5 pages (1250 words)
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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… Any subcontract entered into thereafter is subject to the initial contract on arbitration (Yale law journal 6). Under the American contract law, Parties are allowed to…
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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
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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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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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
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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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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Unit 2 LS311 Torts and Cyber Torts-CASE STUDY
1 pages (250 words)
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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… The position held in the NCR Corp v Korala associates Ltd 2007 06-3685 (6th Cir.),…
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Critical Thinking Case Study
1 pages (250 words)
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In our current times, there are many cases of big companies taking advantage of the general public and other stakeholders through… Arbitration would ensure that consumers are able to have their cases resolved at a quicker rate and without any loss of time. The consumer can therefore be able to perform his/her daily duties with minimal fuss. According to…
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INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION
15 pages (3750 words)
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Introduction Whether an 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.… Eventually, through the enaction…
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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 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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The Mediation and Arbitration Process
7 pages (1750 words) , Download 1
The purpose of this study "The Mediation and Arbitration Process" is to describe two methods of alternative dispute resolution - Arbitration and mediation. This paper will mainly focus on grievance arbitration since its use in the United States was largely promoted by labor unions.… The process of arbitration and mediation as methods of resolving dispute has a…
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Analysis Cases In Arbitration
13 pages (3250 words)
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The paper "Analysis Cases In Arbitration" describes arbitration can be considered as one of the ADR methods. This is a legal method of resolving conflicts out of court. The conflicting parties are inclined to report on this issue to one or more interested parties.… The U.S. Court of Appeals had declined to reassess the decision made by the en banc on February…
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International Commercial Arbitration and Privity of Contract
14 pages (3500 words)
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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 level. Contracts are increasingly formed on a worldwide basis between different countries.… What is international commercial arbitration?…
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Question 5: Qutek-TQD : Thai Sale of Goods Contract with Australian Firm
3 pages (750 words)
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Question 5: Qutek-TQD – Thai Sale of Goods Contract with Australian Firm Course Instructor Submission date Thai law by default govern the sales contract The Thailand law that governs the sales contract of TQD is the Arbitration Act of 2002.… The Arbitration Act of 2002 acknowledges the existence of binding arbitration contracts in written agreements regardless…
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Business law
6 pages (1500 words)
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Many associates and associations in the business world collide often and ways in which they can solve these disputes is through a court process or through… There are tones of organizations turning to the arbitration processes whereby majority are avoiding courts and preferring to solve disputes through an arbitrator. Preference of this method of solving legal…
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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)
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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… However, this tradition today fails to hold any weight given the numerous contradictions…
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Assess the importance of International arbitration in international business
11 pages (2750 words)
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Importance of International Arbitration in International Business Introduction International arbitration is one of the most important means of solving international business rows especially amongst investors and the countries they invest in the current economic and legal world.… The decisions of these arbitration tribunals are always binding and final, and it…
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Umbrella Clauses in Bilateral investement Treaties & Comparison between ICSID, UNCITRAL and ICC
22 pages (5500 words)
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International Arbitration By Course University Date Question 1: 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.…
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The Development and Acceptance of Labor Arbitration
12 pages (3000 words)
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Arbitration is a term used to refer to the process of resolving differences between an employer and an employee as a substitute to the courts. Disagreements of this nature come as a result of either one party or both parties failing to honor a collective agreement.… The regulations set in this case do not allow for concessions, therefore it sets clear…
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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
Effectiveness of Arbitration as an Alternative Dispute Resolution (ADR) within the U.K. Construction Industry Introduction The industrial and labor legislations enacted in the United Kingdom encourage settlement of disputes in the industries through mediation, conciliation and arbitration.… Corporate social responsibility calls for taking care of the interests…
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Issues Relating to Arbitration in Outsoursing Contracts
15 pages (3750 words)
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Issues Relating to Arbitration in Outsourcing Contracts 1 Introduction This case is pertaining to how a foreign arbitral award can be implemented or get annulled by Indian courts. The Arbitration and Conciliation Act, 1966 of India is based on the Model Law on International Commercial Arbitration espoused by the United Nations Commission on International Trade Law (UNCITRAL) which requires prior approval from an Indian court for the enforcement of foreign award.…
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Sharia Law and International Commercial Arbitration and Enforcing Foreign Judgments
60 pages (15000 words)
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School of Law LL.M in International Trade Law 2010/2011 DISSERTATION Sharia Law, International Commercial Arbitration and Enforcing Foreign Judgments Accommodating Sharia Law to International Commercial Arbitration and Enforcing Foreign Judgments in Saudi Arabia.… The purpose of the study was to explore the possibility of a conceptual harmonisation of…
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Business Law
1 pages (250 words)
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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” (Miller & Jentz 2009 274). Generally, shrink-wrap agreements are enforceable if the customer fails to object to the terms… In that case, the Court rendered the term unenforceable because it appeared only at the…
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