at which resolution can be achieved is faster and the parties are able to retain an element of control over the proceedings. There are several manifestations of ADR including arbitration, mediation, negotiation and conciliation but the concentration on this paper is on mediation. For the purposes of analysis in this essay, mediation can be defined as “as being a process where two or more parties agree to the submission of their dispute to an independent third party with the aim of the me... .
International commercial arbitration: a comparative study of the London Court of International Arbitration and International Chamber of Commerce. Introduction Arbitration as a dispute resolution method is used in international relations between states and governed by the rules of Public International Law. My concern in this essay is the Arbitration in International Commercial Contracts governed by the Private Law between individuals or entities dealing in commercial matters. However, I will limit
their funds are being put to use. Arbitration as a means of alternative dispute resolution has the key advantages of being more expeditious and confidential than the litigation process; therefore safeguarding the commercial interests of the parties to arbitrations. This public interest of; protecting the commercial nature of arbitration seems to be in collision with the public interest of citizens accessing information held by the state that might arise out of arbitration proceedings. The issue therefore
permanent members of the United Nations (UN) Security Council (SC) recognise FYRM’s constitutional name. With continued debate, and with Greece’s economic embargo towards FYRM, the parties accepted UN arbitration and the IA was formed, becoming the basis of the legal dispute. International arbitration was accepted under the auspice of the UN as addressed in the UN SC Resolution 817 (1993) and 845 (1993), with a provisional name pending resolution. The IA, a treaty based legally binding bilateral agreement
This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay
male and female, sporting federations attempt to mould athletes to fit a rigid two-sex binary (Bohuon, 2015, p.965). This practice is justified by claiming protection from an unfair athletic advantage (Karkazis & Jordan-Young, 2015, p. 858). This essay argues that segregation and gender testing in sport reinforces the idea of an exclusive two sex binary where only male and female exist. The disruption caused by anomalies to this binary challenge social and scientific beliefs about ‘sex’, creating
the free trade of automotive products across the Canada-US border, given that certain industry requirements had been met. Through analyzing the history and the weaknesses of the Canadian automotive industry in the late 1950’s and early 1960’s, this essay will affirm that the Auto Pact was a necessary restructuring of the North American car industry that inherently benefited Canada’s continental automotive trade with the United States. The Auto Pact of 1965 was a free trade agreement that allowed for
Sports Ethics Vince Lombardi, most likely the best coach to ever lead a team to victory or multiple ones on a football field. His ethics sometimes questionable, but never misunderstood, were always meant to lead and encourage his team to be nothing but the best, and the best was achieved in 1967. After nine incredible winning seasons with the Green Bay Packers, Lombardi decided to retire as head coach. The Packers had dominated professional football under his direction, collecting six division