Essays on Arbitration

Introduction to the Thesis The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, more popularly known as the New York Convention (hereinafter referred to as the “Convention”), is the principal international standard for the enforcement of arbitral agreements and awards.  It is also the primary tool by which the international…

Over the past few years, several changes and improvements have been made in the resolution of international commercial disputes. One of the most notable changes is the introduction of laws aimed at preventing standard court-based litigations and exploring alternative methods for settling cases. The United Nations Commission on International Trade Law (UNCITRAL) has played a…

The language of contract should ideally cover all possible situations in the relations between a university and a faculty-member, however this is practically impossible. Any contract can cause situations which may be resolved only by a court or arbitrator’s decision. Thusly, exclusion of a fair review procedure from the contract would undermine a right to…

Introduction Law, even more than national defence, appears to be the perfect illustration of a populace good which merely must be supplied by the authorities if society is to be at all. It is non- excludable because everyone enjoys the fruits of jurisprudence simply by populating in society. And it is wholly non-rivalrous — one…

Market conditions driven by capitalism dictate that employers must minimize the costs of running their business interests. This results in attempts on the part of the management to cut costs by reducing wages of their employees or making them work long hours or letting the quality of their working conditions slide in order to save…

Introduction Presents, still some organisations fail to acknowledge and admit the function of employee dealingss as a critical component of the strategic attack to Human Resources Management. However, the fact is that today’s turbulent concern environment increases the demand on directors to decently pull off employees’ dealingss. But before we proceed to lucubrate farther, we…

In all aspects of life conflict can be found and solutions need to be found. In business disagreements arise that cannot be simply resolved. These disputes used to often lead directly to the courtroom and the process of litigation. Litigation is a slow and extremely costly exercise that many businesses simply cannot afford. A faster,…

Introduction Arbitration is a means of alternative dispute resolution and is characterized by an agreement between disputants to submit disputes to a third party for resolution.[1] This definition of arbitration encapsulates two distinct concepts. The first and most obvious is the reliance on a contractual arrangement. The second significant point is the judicial nature of…

Case name : Afcon Infrastructure v. cherian varkey Construction Ltd Citation : (2010) 8 SCR 1053 Facts-in-Brief I) In the instant matter, the Cochin Port Trust (Second Respondent) entrusted the work of construction of certain bridges to Afcon Infrastructure Ltd ( Appellants) in 2001. The Appellants sub-contracted a part of the said work to Cherian…

When talking of the subject of Industrial Relations, the type of union that is most prevalent is that of a trade union. This main focus of this essay will be to define what a trade union is, outline its main functions and define why employees join trade unions. Conflict is an important word when one…