Domestic Arbitration in UK Law
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The Role of Ethiopian Courts in Commercial Arbitration
The role of arbitration in settling disputes which involves national and transnational commercial transactions is steadily growing in this era of globalisation. International and national rules gov...... ... The involvement of national courts is crucial to the overall efficacy of arbitration, both domestic and international. Instances calling for court intervention may appear at all stages of the arbitral proceedings. There is, however, a need ... ...
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Resolving Investor State Dispute Settlement's Legitimacy Crisis: The Case for Reinstating the Requirement to Exhaust Local Remedies
This article dissects a variety of structural issues that contribute to the 'legitimacy crisis' currently faced by Investor State Dispute Settlement (ISDS) and in particular, treaty-based Investor-...... ... (ISDS) and in particular, treaty-based Investor-State Arbitration (ISA). Primarily, it addresses issues of jurisdictional overlap with ... between the international investment protection regime and domestic governments and judiciaries, it contends that further ... ...
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Strategic selection
States involved in territorial disputes have several options with regard to resolving their disputes. What types of states are more likely to resort to legal methods of peaceful resolution in attem...... ... legal methods of peaceful resolu- tion: the legal mechanism – domestic rule-of-law, and t he political mechanism – win /loss record ... arguments cannot fully explain states’ behavior towards arbitration and adjudication. It is the interplay of both of these mechanisms that ... ...
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The Public Interest Safeguards in Arbitration in Ghana
... ... Act 2010 (Act 798) (ADRA), 9 the primary legislation governing arbitration in Ghana, insulates the public interest issues from both domestic arbitration and international arbitration by providing that certain matters of the public interest including the interpretation of Constitution of ... ...
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Commercial Arbitration in Bermuda
... ... Separability of the arbitration provision 347 Model clauses 348 ... Ad hoc or institutional 348 Domestic or international 349 Necessity to be commercial 350 The rules to apply 351 Authority of arbitrators is irrevocable 353 Number of arbitrators 353 ... ...
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A comparison between the standard of proof applicable in arbitration and formal adjudication
This article aims to describe the application of the standard of proof in arbitration and to question whether the standard to be applied should be the same as or lower than in ordinary civil justic...... ... Considering the breadth of these features, arbitration is often described as the best form of dispute resolution (Andrews, 2013). Domestic arbitration in England is regulated by The Arbitration Act 1996 (hereinafter ‘AA1996’). Furthermore, prior regulation was designed for the same ... ...
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Pro-Arbitration Policy in the Australian Courts — the End of Eisenwerk?
International arbitration is an important area of federal jurisdiction and federal legislative competence, and has attracted significant policy attention in Australia. This paper undertakes a study...... ... It is not, however, completely insulated from domestic _______________________ _______________________ _______________________ ________________ * Benjamin Hayward is a Lecturer in the School ... ...
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Arbitration
... ... for review 2111 Court review of award – Singapore 2113 (i) Introduction 2113 (ii) Grounds for setting aside award (international and domestic arbitrations) 2114 ... (iii) Appeal on a question of law (domestic arbitrations) 2116 (iv) Remission (international and domestic arbitrations) ... ...
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Preliminary Sections
... ... for long-term insurers 84 Credit life/employee group business 85 Domestic business 85 Insurance managers and intermediaries 85 Regulation 86 ... 268 Evidence in civil proceedings 269 Limitation periods 270 Arbitration in Bermuda 270 Common law principle of precedent applicable 271 ... ...
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Arbitration Under Government Contracts and Government Accountability
Much of the core work of government is now done pursuant to contract with private sector bodies, primarily for efficiency reasons. While the phenomenon of contracting out of governmental functions ...... ... See Griffith University v Tang (2005) 221 CLR 99; NEAT Domestic TradingPty Ltd v AWB Ltd (2003) 216 CLR 277.20. See Denis O’Brien, ‘Administrative Law Dimensions of Commonwealth Tendering and ... ...
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