Essays on Arbitration

 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…

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…

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…

Various changes and improvements were introduced over the past years in the resolution of international commercial disputes.  The most notable of these changes is the introduction of laws that would help prevent standard court-based litigations and explore other methods in settling cases. The United Nations Commission on International Trade Law (‘UNCITRAL’) played a vital role…

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…

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,…

The following are the main provisions in the Act. TRADE UNION RECOGNITION – The new legislation will allow Trade Unions to seek collective bargaining rights with employers in certain circumstances. Independent trade unions can exist in organisation’s employing 21 or more workers, if that is the wish of a majority of the workforce. The procedure…

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…