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Essays on Arbitration

We found 11 free papers on Arbitration

Essay Examples

The Doctrine of “Kompetenz-Kompetenz” In International Commercial Arbitration



Words: 4387 (18 pages)

 Kompetenz-Kompetenz 1The Doctrine of Kompetenz-KompetenzIn International Commercial Arbitration IntroductionInternational arbitration has been used to resolve disputes for a long time. As noted by one commentator: “Commercial arbitration must have existed since the dawn of commerce.” (Musthill, 2006) Unfortunately, another side of business transactions, corruption, has been around a long time also. Inevitably, it has appeared in…

Foreign arbitral awards



Words: 8269 (34 pages)

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…

Doctrine of Competence of International Commercial Arbitration



Words: 2024 (9 pages)

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…

Economics Of NonState Legal Systems Research



Words: 5645 (23 pages)

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…

California Faculty Association v. The Superior Court of Santa Clara County



Words: 285 (2 pages)

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…

Methods of Collective Bargaining


Collective Bargaining

Words: 1225 (5 pages)

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…

Employee Relations – Dispute Settlement




Words: 1578 (7 pages)

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…

Alternative Dispute Resolution


Dispute Resolution

Words: 3842 (16 pages)

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,…

The Legal Nature of Arbitration



Words: 6892 (28 pages)

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…

Afcon infrastructure case analysis



Words: 1319 (6 pages)

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…

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Frequently Asked Questions about Arbitration

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What is arbitration and example?
The act of arbitrating; specif., the settlement of a dispute by a person or persons chosen to hear both sides and come to a decision. ... An example of an arbitration would be when two people who are divorcing cannot agree on terms and allow a third party to come in to help them negotiate.
What is the arbitration in law?
Arbitration is a dispute-resolution process in which the parties select a neutral third party to resolve their claims. ... Nonetheless, primary law and decisions handed down by other arbitrators deciding similar issues can be important sources of persuasive authority in resolving issues sent to arbitration.
What is the importance of arbitration?
Arbitration is widely used to resolve disputes in both the private and public sector. Arbitration is generally considered a more efficient process than litigation because it is quicker, less expensive, and provides greater flexibility of process and procedure.

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