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Essays on international commercial arbitration
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Arbitration: It is a process wherein the parties to a dispute present their dispute or disagreement to the discernment and wisdom of an impartial person or group (known as arbitrators) nominated by the mutual/reciprocal consent, who decides the dispute in a quasi-judicial procedure and the award passed by the arbitrators is final and binding on the parties to the dispute.
Online Arbitration: If an arbitration procedure is conducted online then it is known as online arbitration. Online arbitration is a procedure of resolving disputes that has all elements of arbitration, including submission and accession to the arbitral tribunal. All the arbitral proceedings in case of online arbitration takes place through the Internet via networks, online conferencing, Voice over Internet Protocol (VoIP), chat groups, e-mail facilities, video-conferencing or any other means available over the internet, these have all evolved and instituted the IT-intense online arbitration
Arbitration is a favoured method for the resolving international business disputation or conflict for various reasons, such as:...
Alternative Dispute Resolution (ADR) involves resolution methods and approaches that fall outside the structure of the judicial process. Despite its praise in preventing costly litigation and unpredictable outcomes when there are severe disagreements and impasses this, there have been objections to ADR in the past. Still, alternative dispute resolution has increased its comprehensive reception among the legal profession and business world, in recent times. In fact, numerous courts require applicable parties to remedy through resolution before consenting the parties' cases to be heard. In addition to the increased caseload of traditional courts, its growing popularity can be linked to the perception that ADR levies lower costs and
While the restorative justice movement has risen in recent years, the idea of circle sentencing, or peacemaking circles has been practiced in indigenous cultures for quite some time. As we look at implementing traditional indigenous culture practices as alternative dispute resolutions, we need to realize the effectiveness and also whether we are ready to use them. The Yukon and other communities reintroduced circles in 1991 as a practice of the restorative justice movement (Bazemore, 1997, p.27). Around that same time, Minnesota made the breakthrough in borrowing the practices with each band of Native Americans having their own political communications. Because Minnesota has seven Anishinaabe tribes and four Dakota communities, it has been one of the first states to lead the way for this new program. A circle sentencing program has also been implemented in North Minneapolis for African-American juvenile problems (Ulrich, 1999, p. 425).
The Arbitration Fairness Act declares no dispute regarding arbitration of an employment, consumer, anti-trust, or civil right dispute be deemed a valid or enforceable pre-dispute arbitration agreement. The act has many arguments against it that increases the number of cases that are filed or even overburden by the courts. The consumer should not have benefits of the law that has been evolved because of the expense it causes. Although this is implied, business should have the ability to use contact laws that would force this result.
Macintyre, S. (1987), Holt and the Establishment of Arbitration: An Australian Perspective, New Zealand Journal of Industrial Relations, 12(3): 151-159.
On May 25, 1993, U.N. Security Council Resolution 827 established an international tribunal charged with prosecuting violations of international law arising from the armed conflicts in the former Yugoslavia. Not since the Nuremberg and Tokyo trials, following World War II has an international court tried individuals accused of crimes against humanity, war crimes, and genocide. The International Tribunal for the Former Yugoslavia (ICTFY), which was established at The Hague, Netherlands, is widely seen as an important step toward the deterrence of crimes, the establishment of the firm rule of international law, and the promotion of world peace. Yet, from its inception, the tribunal has generated controversy among supporters and detractors. Among those who believe that the tribunal idea is sound, the principal concerns are that such an institution be established on a sound legal basis, that it adhere to an acceptably high standard of due process, that it administer equal and dispassionate justice, and that it be perceived by nations and individuals to be legitimate, fair and effective. Unfortunately, the Yugoslavia tribunal has not yet met all these standards--and may never be able to meet all of them in the fullest sense. A discussion of some of the realities that face the ICTFY demonstrates why the task of making the tribunal work is so difficult--and why it is vital that it be accomplished.
A due process protocol for mediation and arbitration of statutory employment disputes has a meeting before the Superintendent. The defendant receives legal notice (summons) or documents (process) of a court to enable the person to respond to court or tribunal. The teacher union, such as American Federation of Teacher Union (AFT) require representative receive notification as well attend the meeting. It is often with teacher union protection and tenure, underperforming teachers are hard to terminate. This protocol provides a prompt, inexpensive, and fair enforcement of the dispute (Nolan, 2008). The arbitration agreement should be timely because of conflicting interest with counsel to represent employee rights (Dhanoa & Kleiner, 2000). In addition, discuss fees for counsel especially for lower paid employee. The arbitrator is a neutral person with knowledge and skills to conduct the hearing. Employee should have access to documentation (teacher evaluation) present...
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
Mediation is typically ordered in types of cases that there is significant emotional ties; creating a potential for hostility, loss of relationships or personal feelings getting in the way of reaching an agreement. Arbitration is the best option for cases where the parties simply cannot come to an agreement and decide to have someone else decide the outcome of the case for them, without the expense and formality of a trial. Arbitration is also useful in highly complex cases where it is necessary to have a highly trained professional come to the
An Alternative Dispute Resolution is an act that means for disagreeing parties that couldn’t solve their issues or still haven’t find the way out of the issues. It is a collective term for the ways that the parties will come to an agreement which everyone agrees on with or without the help of the third party. Usually some courts use parties to help them in some cases. Usually Alternative Dispute Resolution is the support term of the process. In which an impartial person from the Alternative Dispute Resolution which is an Alternative Dispute Resolution practitioner. That various person will assists to those who has the problem or the issues or dispute to resolve the problem or the issues between them. Alternative Dispute Resolution commonly use for abbreviation for Alternative Dispute Resolution but, it can also be used as to assist the issues which leading them to the conclusion and the decision.
International Trade Law Case Study Introduction International trade transaction is essential for the sale of goods with the addition of an international element. In practice, the seller and buyer are in different countries where the goods must travel from the seller’s country to the buyer’s country by various means of transports. In international sale of goods, they usually transit the goods by sea because of the international transactions. Therefore, contracts for the carriage of those goods must be procured between the seller or buyer and common carrier depending on different types of sale of contracts. Moreover, in most of incidences, the agreed goods are usually insured at a reasonable amount in case of being loss or damaged during the transit.
The Administrative Dispute Resolution Act (ADRA) of 1996 requires federal agencies to have policies that address the use of alternative dispute resolution (ADR) techniques and to appoint a Dispute Resolution Specialist. For the purpose of the statute, "alternative means of dispute resolution" include conciliation, mediation, facilitation, fact-finding, minitrials and the use of "ombuds." (Administrative Dispute Resolution Act of 1996.)
ADR holds an extensive, easily influenced and diverging choice of processes for finding solutions for disputes which are personified by structured negotiation and consensus. It is regarded that arbitration is a familiar ADR technique, however, it is a more of a official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution, 1987, p. 11):
... with the aggrieved worker and representative meeting with the supervisor involved, followed by an appeal system with strict time limits and ultimately ending in binding arbitration. When management and the union cannot resolve a grievance submitted by a union, the union must decide whether to proceed to the final step of the grievance procedure: arbitration. Arbitration is an adversary proceeding like a trial in court. An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy.
This decision is called an award. When an arbitrator is appointed to arbitrate over the dispute, he will ask the parties to retell their sides of the dispute.
International law has been regarded throughout history as the main system of rules regulating players of the international community, it applies to all states and imposes specific obligations and rights on nations, just as domestic law imposes them on individuals. Its purpose is similar to that of domestic law that is to eliminate chaos in the International community and set standards of behavior which states must follow in their dealings with each other.