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Special Report on

English Law Arbitration

english law arbitration special research report Photo by www.middletemple.org.uk
When faced with a legal dispute, commercial parties have several recourses available to resolve their disagreement. Although court action is the most traditional resort, arbitration and mediation have gained popularity as viable alternatives. Arbitration involves the legally-binding settlement of a dispute outside the legal system by an independent party. While mediation also involves an independent third party, that party is normally a facilitator in reaching a consensus and the opinion of the third party is not inflicted on the clashing entities. As arbitration can be a more definitive way of resolving conflicts, it is the ...
wherein the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or " arbitral tribunal "), by whose decision (the " award ") they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides. Other forms of ADR include mediation (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. Arbitration is most commonly used for the resolution of commercial disputes, particularly in the context of international commercial ...
REVIEWS AND OPINIONS
La clause d'arbitrage international : Conseils de rédaction pour ...
Sc�nario typique : Apr�s d’�puisantes n�gociations, ultime minute avant la conclusion du contrat, on se souvient de la clause compromissoire et la n�gociation s’enlise � nouveau ou au contraire s’emballe. Voici quelques conseils simples pour mieux g�rer cette situation anxiog�ne... En effet, souvent consid�r�e comme une formalit� repouss�e au stade ultime des n�gociations, la r�daction d’une clause compromissoire appelle le plus grand soin si l’on veut �viter, au mieux les tactiques dilatoires d’une partie r�calcitrante, ou au pire de se retrouver devant un juge �tatique non choisi. Le ... market research, surveys and trends
Kluwer Arbitration Blog » Blog Archive » European Parliament ...
The discussion on the position of arbitration in the Brussels Jurisdiction and Enforcement Regulation (Regulation 44/ 2001) has now reached the Committee on Legal Affairs of the European Parliament. Just to remind those less familiar with the issue: the present Regulation, as well as the preceding Jurisdiction Convention, allowed courts in EU countries to assume jurisdiction over a contract in spite of an arbitration clause whenever that court decided that the arbitration clause, although binding under the law of the contract and the law of the seat of arbitration, was invalid under its domestic law. They can do so because ... market research, surveys and trends

SURVEY RESULTS FOR
ENGLISH LAW ARBITRATION

Clear skies Clean oceans
nated S$1 million to 10 local charities. Presenting them with S$100000 each, NOL Chairman Cheng ... maritime sector that contributes around seven percent to. Singapore's GDP. ...... as an English law arbitration venue and we are ... industry trends, business articles and survey research
Wisconsin Lawyer April 2006: 2005 Bench and Bar Survey: Lawyers ...
The 2005 Bench and Bar Survey examines views from both sides of the bench on key issues affecting law practice and judicial process, such as components of continuing education, whether pro bono work should be mandatory, the impact of budget cuts on court efficiency, and more. by Dianne Molvig hether you're an attorney, a judge, or a court commissioner, probably no day goes by without noticing some aspect of the justice system you wish you could change. Every two or three years, Bar members get a chance to voice such concerns through the State Bar's Bench and Bar Survey. In 2005, a random sampling of ... industry trends, business articles and survey research
RELATED NEWS
Scrutinizing and supporting arbitration proceedings before Cypriot courts
Arbitration constitutes an alternative dispute resolution method…It constitutes a characteristic supplement of every modern legal system. The method survives without judicial means. Only in specified instances may [judicial means] be used against an arbitration award. In our internal legal system, these rules, as well as the wider rules on arbitration, are stipulated within specialised legislation namely, the Arbitration Law, Cap.4 The frequent and successful use of this method worldwide forced the United Nations to create in the interest of completeness and uniformity a complete model law which was adopted on 21/06/85 by ... market trends, news research and surveys resources
Kenyan oil firm extends olive branch to KPRL
NAIROBI, Kenya, Jul 19 - KenolKobil Limited has expressed its desire to amicably resolve the dispute with the Kenya Petroleum Refineries Limited (KPRL) over the latter’s decision to cancel the oil marketer’s processing agreement. General Manager for Kenya David Ohana on Monday however maintained that the firm wants the matter to be determined through arbitration as stated in the contract between the two parties. “We have a valid and running processing agreement with KPRL which can only be terminated under the terms stated in the agreement and disputes arising, in this case under the provisions of the ... market trends, news research and surveys resources

INFORMATION RESOURCES

How to Overcome "Obstructive" Behaviour in International Arbitration
English Law, Arbitration International 3/1989, 294-299. THOMAS D. Rhidian, Default Powers of Arbitrators, London/New York/Hong Kong ... technology research, surveys study and trend statistics
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Mar 5, 2007 ... English arbitration law is governed by the Arbitration Act 1996. ... Under English law Bannai lacks standing to compel arbitration. ... technology research, surveys study and trend statistics
International Commercial Arbitration: Resources in Print and ...
United Nations Conference on Trade and Development (UNCTAD), Project on Dispute Settlement in International Trade, Investment and Intellectual Property, Course on Dispute Settlement (2003)(includes 41 booklets covering ICSID, WTO, WIPO, ICJ, PCA, NAFTA, MERCOSUR, ASEAN arbitration and mediation, and international commercial arbitration generally). Clifford Larsen, International Commercial Arbitration , ASIL Insight , April 1997. Pieter Sanders, "Arbitration", in International Encyclopedia of Comparative Law (T&#252b;ngen: J.C.B. Mohr (Paul Siebeck); Dordrecht: Martinus Nijhoff Publishers, 1996)(volume 16: Civil ...
REAL TIME
ENGLISH LAW ARBITRATION
QUESTIONS AND ANSWERS
Construction Law: arbitration time, alternative dispute resolution ...
First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Experience Value . . . It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do. The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest ...
Construction Law: Nominated subcontractor, arbitration clauses ...
First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Experience Value . . . It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do. The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest ...