INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION - Coursework Example

Only on StudentShare

Extract of sample
INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION

Eventually, through the enaction of the Arbitration Act 1996 and through several cases, the arbitration clause was held to survive even if the underlying contract was void or invalid. The details of the evolution of the arbitration clause, with relation to whether it survives the death or invalidity of the underlying contract, is the topic of this submission. Analysis Historically, courts have approached the issue of the separability of arbitration clauses in different ways. In England, the issue of arbitration clauses being separable was decided in such a way that the arbitration clause became another contract term, in the case of Kill v. Hollister in 1746.1 This decision was in accordance with another decision by France different around this same time that was decidedly anti-arbitration. France’s Napoleonic Code outlawed enforcing arbitration clauses. However, the notion of separability evolved in Europe, so that Germany, in the late 19th Century, decided that the law of the arbitration and the law of the contract could be ruled by separate jurisdictions. This is because Germany decided that arbitration clauses were procedural, therefore would be ruled by the law of the forum. The contract itself, being substantive, would be ruled by a different law. ...
Download paper

Summary

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…
Author : jjohnston

Related Essays

The role of ombudsman in ADR and its impact on sovereign government
While usually asked by one party or the other to become involved, the ombudsman may take the initiative without being requested to do so. While formal definition of the role is not legally universally accepted, the description of the role is generally as stated and practiced within the limits and specifications of various legal systems and constitutions. Functioning on local, national and international level, the role of ombudsman is the purest and most effective form of alternative dispute resolution between individuals and more powerful entities. The Ombudsman: Concept and Mechanisms for ADR...
16 pages (4016 words) Coursework
International Business
To this end, it is submitted at the outset that within the current framework, the globalisation of world politics and the complex nature of international relations in the contemporary environment has meant that increasingly the dynamic of international relations is intrinsically dependent on where the balance of political power lies within the international framework beyond the confines of theoretical ideologies underlying international relations theory (Siracusa, 2010). For example, Randin argues that arguably the most comprehensive manner to understand international relations is the...
10 pages (2510 words) Coursework
International commercial dispute resolution
.4 Dispute Management…6 How Detached Are The Arbitration Procedures From Municipal Laws.9 Theories and Examples That Support The Judiciary Nature Of Arbitration.13 Kerr LJ's Views On Arbitration With Respect To English Law …17 Conclusion….18 Refernces….20 Introduction International Commercial Dispute Resolution can be done by alternative resolution methods. Most often these are structured as dispute resolution methods, which are described using a third person and a result is found with this but this need not involve legal binding. Resolution will be met with the inflexibility of the...
16 pages (4016 words) Coursework
How is International Law Enforced?
Laws are only as good as their ability to be enforced and in a decentralized world that is torn apart by self-seeking interests and motives, enforcement of international laws seems a very tall order. This is evinced by the way the organs of the United Nations have behaved in the past, particularly the Security Council, which had difficulty arriving at consensus in resolving problems simply because the chamber has, most of the time, become an extended arena of power struggle. Moreover, not only is the entire international judicial and legal system underpinned by the voluntary participation and...
30 pages (7530 words) Thesis
Derivatives and Alternative Investments
First, if management understands about the corporation’s risks better than shareholders, the corporation, not its stakeholders, can hedge. Subsequent, corporation could be capable to hedge at a lower cost. Corporate hedging can be justified if default costs are significant, since it reduces the possibility of default (Johnson, 2010). Lastly, if the corporation encounters progressive taxes, it can decrease tax accountabilities by hedging which steady corporate earnings. To calculate the appropriate number of bonds and equity futures that should be sold the following are considered and done....
14 pages (3514 words) Assignment
Goats: The Green Alternative (A)
In addition, he will not pay anything for the food of for his goats, aside from other arising expenses to undertake the procedures. On one hand, this is a win-win situation for the McCoy and company goats business because he gets paid for his goats to graze freely on some land and forage owned by the resort. This proposal presents an opportunity to Mr. McCoy to increase his revenue collection from his goat business. As such, when he accepts the proposal from the resort supervisor to use his goats in clearing and maintaining the acres of land within hilly and rocky grounds owned by the resort,...
5 pages (1255 words) Case Study
Derivatives and Alternative Investments
If the swaps market were less liquid than it is, market mortgage lenders would find it more difficult and expensive to manage the interest rate risk of the prepayment option in fixed rate mortgages (Greenspan 2004). The extensive use of interest rate swaps means that volatility of the swap spread can affect a large range of market participants, as they rely on a stable relationship between the interest rate swap rate and other interest rates in using swaps for their hedging objectives. For this reason, trading activity that would stabilize the swap spread performs a useful role in ensuring...
14 pages (3514 words) Coursework
Got a tricky question? Receive an answer from students like you! Try us!