Dissertations / Theses on the topic 'Arbitrage (Droit de travail)'
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Moreau, Marc. "Recherche sur l'autonomie normative des partenaires sociaux : L'interprétation des conventions collectives en droit québécois et en droit français." Paris 2, 1994. http://www.theses.fr/1994PA020140.
Full textChampagne, Guy A. "Les modes alternatifs de règlement des litiges individuels du travail." Versailles-St Quentin en Yvelines, 2008. http://www.theses.fr/2008VERS006S.
Full textAlternative dispute resolution for individual labour cases are developing in most labour disputes. Labour law has accepted negotiated resolutions but imposing at the same time a restriction on possibilities of a conventional solution during the contract of employment and on the opposite allowing an absolute freedom to negotiate when the contract is breached. The challenge is to keep the guarantees of state justice with the combination of the best conventional solutions
Chekli, Nadia. "Le juge du litige international du travail." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40029.
Full textBarret, Emma. "Les modes alternatifs de règlement des conflits en droit du travail." Bordeaux 4, 2006. http://www.theses.fr/2006BOR40024.
Full textTricoit, Jean-Philippe. "La médiation dans les relations de travail." Lille 2, 2006. http://www.theses.fr/2006LIL20017.
Full textDoctrine traditionally attributes to the mediation process the function of conflict resolution. That labor relations is included in this classic conception is all the more comprehensible in that, historically, it was in this realm that conflict resolution was first employed. Thus mediation was initially introduced as a method of settling certain collective labor disputes in French labor law in the Act of 5 May 1955. Since then, increased amounts of new legislation for the use mediation in labor relations have been implemented. However employing mediation for all these other issues led to the development of mediation as a form of conflict resolution exclusively for labor relations. Hence the objective of the current study is to highlight the two functions of mediation in labor relations
Camart, Nicolas. "La médiation, instrument de pacification des relations de travail." Toulouse 1, 2007. http://www.theses.fr/2007TOU10061.
Full textMonnot, Maurice. "Les procédures extra-judiciaires de règlement des conflits en droit du travail." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020085.
Full textLabor law aknowledges for a long time amicable settlement procedures of labor disputes: conciliation in labor courts and mediation in harassment cases for disputes between an employer and its employees ; conciliation, mediation and arbitration in case of strikes. All of them failed and their reform must be studied: compulsory mediation for employees and unions, mandatory industrial peace and the creation of a public service in charge of labor conflict resolution are some of the options explored. These procedures require to respect several essential guarantees. The person in charge of the procedure must be independant, impartial and competent in both labor law and dispute resolution. The procedure itself must guarantee the confidentiality of the discussion and the documents communicated, take place during a limited amount of time to preserve the right of access to a judge, and have a non-dissuasive cost
Melot, Romain. "Entre contrat et procès : enquête sur les transactions entre employeur et salarié." Cachan, Ecole normale supérieure, 2003. http://www.theses.fr/2003DENS0037.
Full textKorom, Veronika. "Soutenance de travaux en droit européen des sociétés et en arbitrage international." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1042.
Full textThe papers submitted for the viva deal with various comparative company law, European company law and international arbitration related issues. The company law papers look at the recent developments in the freedom of establishment of companies in Europe resulting from the case law of the Court of Justice of the European Union and at the operation of English law limited liability companies in Germany and certain of the private international law questions that arise in that context. The paper on international arbitration discusses the future of bilateral investment treaties concluded between EU member states in light of the European Commission's hostile approach to such treaties aiming at obtaining their annulment
Lopez, Benoît. "Les clauses sociales : contribution à l'étude des rapports entre le droit du travail et le droit international économique." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE2067.
Full textThe function of international economic law is to regulate international economic flows. The latter stems from the long-standing will of nations to establish, in the global economy, a set of rules capable of structuring their relations. As a result of the latter, trade, investment and capital movements were gradually becoming facts, economic realities captured in legalqualifications. However, one of the major difficulties, which fuels these controversies, lies in the relationship of international economic law with other branches of law, which are also called upon to structure the market legally. In the implementation of its norms, international economic law is indeed called upon to come into contact with many branches of law. However, it is remarkable that, overall, they do not play a comparable role. While some sets of rules appear essential to ensure the functioning of a globalised economy, others maintain more relaxed relations. For the purposes of our research, it is therefore necessary to identify the nature of the links that exist between labour law and international economic law. While the connection of these two branches has led to the development of social clauses, it has not, at present, led to any real change in international economic law. Failing this, some of the irreducible characteristics of labour law continue to limit the fertility of their relationships. For all that, the existence of this connection makes it possible to envisage, for the future, a deepening of relations between these two branches by hitherto unexploited ways. Far from being a pipe dream, the emergence of new synergies between international law and labour law seems conceivable in the light of the legal reception of the concept of sustainable development. A profound change in the relationship between these two branches of law is already apparent and could continue. The explanation of the decisive influence of the concept can be sought in its positioning with regard to transnational economic activities. The latter projects itself on the repercussions and not only on the development of the economy. In doing so, sustainable development presents itself as an alternative way to think and evaluate growth.With regard to the contribution of international economic law to the application of labour law, this change of perspective is decisive. It leads us to see the former as a tool for disseminating the latter. This relationship can be deduced from the interdependence of the pillars that underpin the concept of sustainable development. The interweaving of the social andeconomic pillar calls for economic growth to be considered only on condition that it can, among other things, satisfy social sustainability implying respect for labour law. The existence of this synergy is also indicated by the adoption, in the name of sustainable development, of new social clauses.Sustainable development also augurs well for the evolution towards greater consideration of labour law in view of another of its particularities, its position in the legal field. Indeed, it emerges from the proposals of the doctrine as much as from interpretations coming from international contentious bodies that sustainable development is likely to ensure a role ofconceptual matrix. As such, it is capable and could in the future lead to interpret international economic law by also taking into account the respect of labour law precisely with regard to it contribution to the search for sustainability
Lanthier, Riopel Camille. "L’accommodement en milieu de travail québécois des personnes souffrant d’un problème de santé mentale." Thesis, Université d'Ottawa / University of Ottawa, 2020. http://hdl.handle.net/10393/40100.
Full textMariani-Riela, Marie-Christine. "Le règlement amiable des entreprises." Nice, 1991. http://www.theses.fr/1991NICE0018.
Full textBitsamana, Hilarion Alain. "L'ineffectivité du droit du travail à l'orée de la réforme OHADA." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0016/document.
Full textThis thesis is a compendium of various of rights which are currently victims of African workers by their employers despite various legislations in the work that exist in all states parties ; to the point where they appear to live another operation after slavery and colonialism. They live poverty on a daily basis. These evils are recognized both in the individual employment relationship as in public reports. This is how some employees are recruited following tests of complacency, if not corruptly there, without a working document ; others work for years to collect wages, without bonus, without leave, in terrible working conditions. As for collective reporting irregularities, to better trick these workers are excluded from the management company born with the right of expression or of the right to participate in the performance of the company still less than exemplary collective representation by the staff representatives and trade unionists. In case of dispute they have virtually no state protection by labor inspectors and judges. So out of this acute crisis in the sector private work that wreaks havoc for many years after independance, well there is a view through the OHADA reform, national and international authorities to ensure the correct application of the right to work by taking the measures that are necessary. Otherwise the reform of the labour law envisaged by the OHADA of the Right Business is also doomed to failure
N'doye, N'deye. "Le licenciement pour motif personnel en France et au Sénégal : [étude de droit comparé]." Phd thesis, Université de Strasbourg, 2012. http://tel.archives-ouvertes.fr/tel-00766980.
Full textBelaïdi, Rabah. "La résolution des litiges disciplinaires en droit du travail comparé (France-Québec) : contribution aux modes alternatifs de règlements des conflits." Paris 2, 2003. http://www.theses.fr/2003PA020081.
Full textOlszak, Norbert. "Mouvement ouvrier et système judiciaire (1830-1950)." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30004.
Full textRight from the beginning, the french workers' movement has to face repression. Consequently, it perceives negatively courts, judges, lawyers and the law. This leads it to deny the interest of the judiciary in the ideal society of the future: besides, reasons for conflicts having dissapeard, an institution having to settle the disputes is not necessary any more and, temporarily, are only being admitted treatments for offenders and amicable proceedings for the residual disagreements. This preference for arbitration -a private and fair institution- also appears within the context of the workers' custom (the organization of unions) and the labour experiences (phalansteries, etc. . . ); But the results are disappointing for, here again, this justice is often only a covering for the political power. While working at the society of the future, the workers' movement also has to defend its members. Within the years of controversy -1884-1920- the do- minating theory is that of direct action associated with proletarian violence. But some militants show that the judicial action can also be direct, and union services spread out at the same time as the social law. Yet, the col- lective dimension of the workers' movement is not recognized by the indivi- dualistic justice. Arbitration would make the introduction of workers' values possible, but it is perceived as a means prohibiting strike, which condemns it; in fact, the unions only use it to force negociations. The only way of meeting has then been the "conseils de prud'hommes", a marginal element of the judiciary. They could become important mostly because of their structuring role, with the elections. Yet, the attempts to continue the class war there, with the imperative mandate, have failed: to defend the institution, workers had to practise conciliation, the best means to solve the disputes between militants and minor employers and to avoid the injustice of the law and the interference of lawyers
Bachir, Alaa. "L'arbitrage en matière des contrats internationaux de génie civil et de construction : conditions FIDIC." Toulouse 1, 2011. http://www.theses.fr/2011TOU10043.
Full textArbitration in international contracts for civil engineering and construction is an issue that contributes to the legal doctrine in the field of international arbitration. Dealing with such an issue has a goal to both fill up the gap in the legal thinking in this field, and to present opinions or answers on questions raised by the issue. These types of contracts are often part of large international construction operations, and are today responsible for construction projects of large magnitude. Being concluded between two parties belonging to two different legal systems, one of which is a sovereign state, and the other is a foreign private enterprise, arbitration in this type of contracts raises a number of difficulties which may arise from the time of forming the contract all the way until the time of executing the arbitral award wich is issued after inspection to the disputes that may rise. These difficulties are attributed to the presence of the state as a party, thus making it possible to examine all the various problems posed by that presence. The difficulties are also due to the interaction between the main contract and the other accessory contracts pretaining to the same economic transaction. This interaction between these contracts may lead to more complex disputes than the ones that may arise from each contract alone, given their interdependence ; it also requires finding a certain method to resolving these disputes that are by nature very technical in the field of civil engineering and construction. One example of these methods lies in the conditions developed by the International Federation of Consulting Engineers ''FIDIC" to which we refer extensively
Waked, Rita. "La notion de contrat administratif international à travers l'exemple du contrat BOT (Build, Operate, Transfer) : étude comparée Droit français-Droit libanais." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020005.
Full textTampere, Klaas. "Le traitement juridique d'un fait de dopage." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD046/document.
Full textWhen the professionnal sportsman carry out his activity as an employee, he should have a classic work contract subject to the ordinary law. However, the specificity of the sports world further complicate the contractual relationship that the sportsman can have. Indeed, the discontinuity of the contractual relations, resulting of the players’ transfers and loans, or the rules governing sport implimented by the sports authorithies have forced the legislator to adapt himself and to take in account the uniqueness of the sports world. He thus incorporated, through the law of 27th november 2015, a specific fixed-term contract for the professionnal sportsmen and trainers which has put an end to the legal uncertainty. But the specificity of sport is also linked to the delicate balance existing between the purely sporting rules and the state legislation. The anti-doping regulation is a good example of this because it is intended to apply only in the sports world. Therefore, to preserve the fairness during the sport events, is was necessary to define the notion of doping but especially to make the fight international by forcing the different states to adopt the regulations into their legislations. The meeting between these different autorities can explain the complexity of the legal treatment of a doping case. Indeed, the professionnal sportsman will face different procedures who can be in conflict with each other. The first one is the procedure held before the federal justice who can pronounce a sporting sanction. The other contracting partners of the sportsman can also introduce an action to obtain redress for the injury caused. Finally, it is necessary to take in account the possibility that criminal proceedings are taken against the sportsman who is guilty of a doping case
Bou, Orm Mayassa. "Accélération des projets de fabrication et modélisation de l’impact de la main d’œuvre additionnelle sur la qualité." Thesis, Paris Sciences et Lettres (ComUE), 2017. http://www.theses.fr/2017PSLED084/document.
Full textWe address the discrete time resource-constrained project scheduling problem in which each activity has a specified work content and its resource usage may vary from period to period. We consider temporary work and overtime as additional renewable resources for crashing the project. We assume that the project quality may be affected by crashing as well as its completion time through productivity loss due to overmanning. We develop a Mixed-Integer Linear Programming (MILP) model to minimise the makespan subject to a budget constraint and to acceptable quality levels for all activities so as to avoid rework. The proposed approach is applied to an actual manufacturing project of a very high speed train motor coach
Le, Breton Samper Gwenhaël. "Arbitrage et droit européen." Paris 10, 2011. http://www.theses.fr/2011PA100207.
Full textEuropean law is not designed to regulate arbitration. It is the role of domestic laws to regulate dispute resolutions. As a consequence, arbitration and European law keep a certain distance. However, the meeting between arbitration and European law is possible. Sometimes it is harmonious, sometimes it is conflicting. Above all, the lack of regulation of European arbitration does not hinder the European law from borrowing from arbitration. To be more precise, European law borrows from arbitration as a mechanism and as a notion. These borrowings show the appropriation of arbitration, not to say the distortion of its traditional conception to meet the needs of the European construction
Sanchez, Saëz Crystelle. "Usages et arbitrage." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD016/document.
Full textAlthough, in arbitration, usages are everywhere, many practitioners are not aware of their existence. However, they are involved in every step of the arbitral proceeding. Before the making of the decision, procedural usages enable the organization of a sound and precise regulation of the arbitral proceeding. At the time of the making of the decision, substantial usages ensure to come to the most adequate decision, in order to put an end to the dispute. Hence, they can be a very useful tool, that would be an alternative to national Laws
Cohen, Daniel. "Arbitrage et société." Paris 2, 1991. http://www.theses.fr/1991PA020015.
Full textThe object of this thesis is to study the relationship between arbitration and business corporations. It essentially covers arbitration in relation to the disputes between partners or between partners and business corporations. It also studies arbitration in the context of disputes generated from relationships between partners and business corporations and a third party which effect the organization or operation of, or the participation in, business corporations. Also examined are the conditions under which arbitration intervenes in the context of business corporations as well as the conditions and consequences of an appeal to arbitration by the business corporations and partners
Chappe, Nathalie. "Analyse economique d'une procedure de resolution des conflits : l'arbitrage." Besançon, 2000. http://www.theses.fr/2000BESA0003.
Full textBonato, Giovanni. "La nature du "lodo rituale" en droit italien et de la sentence arbitrale en droit français." Paris 8, 2007. http://www.theses.fr/2007PA083579.
Full textAlkattan, Mhd Samer. "L'exécution des sentences arbitrales dans les pays arabes du Machrek : étude des droits syrien et libanais comparés au droit français." Paris 10, 2004. http://www.theses.fr/2004PA100071.
Full textJebran, Elie. "Le recours au tiers, mandataire commun." Montpellier 1, 1999. http://www.theses.fr/1999MON10036.
Full textTaghipour, Bahram. "La responsabilité de l'arbitre (du juge privé) dans le droit du commerce international (droit français et droit comparé)." Dijon, 2013. http://www.theses.fr/2013DIJOD012.
Full textArbitration is a private justice for the settlement of disputes in the international trade. Arbitrator is a private judge. He accepts a judicial function by a contract. The arbitrator's contract is concluded between arbitrators and the parties of dispute. All (the) legal systems (common Law and civil Law) have been recognized this contract and the arbitrator's judicial function. But, the common law and civil law start from the opposite directions to determine the standard liability of arbitrators. In the common law world, an arbitrator (like judge) benefits a judicial immunity from civil liability. He is not liable for anything he does or omittes in the discharge or purported discharge of that function unless the act or omission is shown to have been in bad faith or his resigning without authorization. But, in the civil law systems, like the French law, when arbitrators fail to obligations born of contract concluded wih parties of the dispute, the arbitrators have civil responsability like each contractor. But, when arbitrators fail to duties caused by judicial function, they have (like judge) a judicial immunity from civil liability unless they commit major fault, intentional fault or fraud
Durlach-Vallerin, Émilie. "Droit à l'emploi et droit du travail." Paris 10, 2006. http://www.theses.fr/2006PA100123.
Full textIn France since the nineteenth century, right to work has progressively asserted itself as a counterpoint to freedom of work. Generally conceived exclusively as a social right, that is as a right to something, it is often despised as largely unrealistic. Thus right to work is mainly considered as having no real judiciary effect. Yet, precisely because work is not a good, this reading shall be reviewed. As a matter of fact, German theories over fundamental rights effects allow us to propose a new analysis/reading of the effects of the French 1946 Constitution Preamble on labour law. It thus appears that this right to work has several effects on French labour law. It can therefore be understood as much as a right for human beings to benefit from protection of law against subordination than as a right to access to work. Furthermore, both tendencies are equally influencing jurisprudence and leading towards transformations of French labour law
Letombe, Élodie. "L'abus de droit en droit du travail." Lille 2, 2007. http://www.theses.fr/2007LIL20022.
Full textDespite the absence of a specific, commonly-agreed definition, the term « abuse of process » has acquired a significant place in the French legal system and in its several divisions. The term is often used in the labour law, a highly distinct and singular academic discipline. The latter is a result of the link of subordination that is created by the employement contract, which de facto establishes a relationship characterised by its authority and inequality. The heart of the matter therefore lies in the complex appreciation of the relationship between the labour law and this notion of abuse of process. It is indeed a tool that takes an essential part in the very edification and identity of the subject. Abuse of process thus appears as a dynamic notion, capable of evolving, and which is based on the intrinsic distinctive features of the employer-employee relationship. This characteristic enables us to pinpoint the various elements that make up the definition of the term. In legal law, the abuse of process is a legal standard whose indeterminate content reveals its malleability and pliability. These qualities encourage a well-tailored and finalised use of the notion. Its indeterminate content is then determinable by the identification of its very function in the labour law
Nguyen, Thi Viet Ha. "L'exécution des sentences arbitrales internationales (comparaisons franco-vietnamiennes)." Rouen, 2012. http://www.theses.fr/2012ROUED005.
Full textArbitration becomes one of the most frequent method for dispute resolution. Thus, the enforcement of arbitration awards is critical because international arbitration would lose its meaning if arbitration awards were not implemented. France and Vietnam are both state parties to the New York convention. However, their enforcement procedures are very different. Althouth he grounds for refusal of enforcement are similar, the emplementation of these patterns is not the same. This study focuses on the enforcement of internatinal arbitral awards in France and in Vietnam at all stages from the filling of the application to the handling of the application by the juge. On the one hand this study aimes to present the differences of the enforcement of arbitration awards under French and Vietnamese laws. On the otehr hand recommendations are suggested to create a unified legal framework for investment and arbitration in Vietnam
Asfar-Cazenave, Caroline. "L'intervention du juge etatique dans l'arbitrage interne et international." Paris 11, 1999. http://www.theses.fr/1999PA111008.
Full textArbitration consists in private legal proceedings thanks to wich litigation is not processed through the powers of state juridiction but dealt with by private persons who are called arbitrators and hold their judging position from agreement between the parties. Nevertheless, a close examination of positive law shows that the principle of dispossession of state juridiction is construed in a very supple way and that, on the contrary, judicial intervention keeps on prospering in suits in which arbitrators have been appointed. The may 14 th 1980 and may 2 nd 1981 decrees first allow the state judge to intervene on the merits of a suit to settle the difficulties related to the constitution or the functioning of the court of arbitration. The precedents of the case then have it that the state judge, notwithstanding the existence of an arbitration convention, retains his powers to order - on request or in chambers - any provisional or protective measure on the basis of ordinary law enactments. Whatever the ground of the intervention, this work is aiming at showing that the competence thus acknowledged to the state judge (in dealing with the main issue or provisional judgment) has become nowadays the genuinely formal means of interference of state juridiction into juridiction by arbitration
Panou, Chrysoula. "Le consentement à l'arbitrage : étude methodologique du droit international privé de l'arbitrage." Paris 1, 2008. http://www.theses.fr/2008PA010312.
Full textAyachi, Slim. "Etude des insuffisances et des lacunes du code tunisien de l'arbitrage dans une perspective d'application jurisprudentielle et de droit comparé." Nice, 2008. http://www.theses.fr/2008NICE0056.
Full textThe Tunisian code relative to internal and international arbitration could beyond doubt be described as liberal and modern - at least at first glance - but the essential lies not only on the adoption of a modern legislation, but also on an effective and good enforcement of the law, which must be moreover interpreted by the Tunisian Courts. The practice reveals indeed the fragility of the code, which remains an unfinished act. The remarkable characteristics of Tunisian case law (jurisprudence) are originality and instability, especially the decisions rendered by the Court of Tunis and the Supreme Court (Cour de Cassation). The principal cause is tied up the original and complicated approach of the Tunisian legislator, who has modified Uncitral model law. This attitude causes many problems in the interpretation and application of the Tunisian law of arbitration by Tunisian case law
Boisliveau, Pascal. "L'arbitrage et le droit administratif." Nantes, 2014. http://www.theses.fr/2014NANT4002.
Full textDupont, Nicolas. "L'objectivation en droit privé." Paris 10, 2008. http://www.theses.fr/2008PA100038.
Full textThe purpose of this thesis is to study the reasons, the role and the consequences of a movement of standardisation which effects the definition of rights, the individual obligations as well as the appreciation of the judge. Different authors consider that the private law tends to be more subjectiv. It is more and more made on measure to protect the best interest of the individual and to promote the judicial person. On the one hand the subjectiv rights are the gravity center of the judicial system. On the other hand the growing of the unclarified notions and the judicial standards provide the judge with a power of modulation of law which allows him to state on the best interest the subjects of law. Our aim will be to show that the subjectivation phenomenon, as well known as individualization of the law,is moderated by a double movement of standardisation. On the one hand, the role of the individual will is tending to become weaker on the profit of the law and the case law in regard to the judicial act and the exercise of the juridical prerogatives. On the other hand the logic of the case by case has not setteled the whole positiv law. The movement of legal standards is not absolute, because the legislature and the court of cassation exclude regularly unclarified notions to simplify litigation and facilitate the implementation of the law in particular cases
Mapara, Klaus-Dinkar. "Les "tiers-partenaires" en arbitrage : essai sur les litiges multi-partites en droit français et en droit allemand." Montpellier 1, 1987. http://www.theses.fr/1987MON10063.
Full textTalau, Jean-Marc. "L'arbitre du commerce international source de droit." Orléans, 1998. http://www.theses.fr/1998ORLE0003.
Full textAl, Samara Tareck. "Conflits commerciaux et arbitrage dans les pays francophones du Proche-Orient : étude comparée." Perpignan, 2008. http://www.theses.fr/2008PERP0912.
Full textThe objective of this thesis is to analyze the procedures and contractual aspects of the operational system of commercial arbitration in francophone countries in the middle east. The necessity of reforming the Syrian civil code of procedures of 1953 requires a deeper examination of the questions of international arbitration to determine possffile reforms. The experiences of Egypt and Lebanon represent a possible reform model for Syria. As a result, facing a subject matter that is becoming increasingly complex, the examination of international sources (cnudci and New-York convention) in addition to the judicial situations of other francophone countries will help the entrance of Syria into the new context of the international law of arbitration
Mohammed, Ibrahim. "L' arbitrage et les garanties des parties : étude de droit français, droit égyptien et droit comparé." Paris 1, 2009. http://www.theses.fr/2009PA010259.
Full textBigiaoui-Duhamel, Léa. "L' abus de droit en droit du travail." Paris 1, 2002. http://www.theses.fr/2002PA010317.
Full textClay, Thomas. "L'arbitre." Paris 2, 2000. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D54.
Full textJarrosson, Charles. "La notion d'arbitrage." Paris 2, 1985. http://www.theses.fr/1985PA020082.
Full textJdaini, Bouchra. "L'arbitrage commercial international en droit marocain." Perpignan, 2004. http://www.theses.fr/2004PERP0612.
Full textArbitration is the institution by whish, justice is withdrawn from the recognition of the states judges, entrusted on a common agrement of the Parts to private people. In Morrocco, the existing standards are varied to constitute a harmonious legislation on the matter. The present civil code procedure is satisfied with somme extermely incomplete, if not weak provisions, to establish a suitable legal status. They are not the standards like the international parctices of commercial arbitration wich can constitute a substitution acceptable and valid for being equitable
Moizard, Nicolas. "Droit du travail communautaire et protection nationale renforcée : l'exemple du droit du travail français /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, Faculté de droit et de science politique, 2000. http://catalogue.bnf.fr/ark:/12148/cb37640647h.
Full textMouralis, Denis. "L' arbitrage face aux procèdures conduites en parallèle." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32044.
Full textThere are two kinds of parallel procedures disturbing arbitration, defined by the parallel claim. If the latter pertains to the arbitration agreement, parallelism is the result of a shortcoming in the performance of this agreement, and can be prevented. If it does not, parallelism is the result of the adequate performance of the arbitration agreement and its relativity. A parallel procedure of the first kind involving the same parties as the arbitral procedure denotes a conflict of jurisdictions, which is sometimes overlooked. Failing to notice this conflict and not resolving it strengthens the development of parallel procedures. A multiparty arbitration agreement may also lead to multiple parallel arbitrations, which could be avoided by easing the carrying out of multiparty arbitral procedures. A parallel procedure of the second kind may be connected to the arbitral procedure. There are several antidotes to such parallelism, including consolidation. Nevertheless, a parallel procedure of the second kind can also restrict the arbitrator’s powers, because this restriction is essential to the accomplishment of the parallel tribunal’s mission. Insolvency or criminal procedures can be bothersome in this way, as well as the application to a court for execution or annulment of a partial award. This peculiar type of parallelism must be put up with, although arbitrators may sometimes ignore it
Clay, Thomas. "L'arbitre /." Paris : Dalloz, 2001. http://catalogue.bnf.fr/ark:/12148/cb37660607p.
Full textGharavi, Hamid G. "The international effectiveness of the annulment of an arbitral award /." The Hague : Kluwer law international, 2002. http://catalogue.bnf.fr/ark:/12148/cb38907773v.
Full textAbdelgawad, Walid. "Arbitrage et droit de la concurrence : contribution à l'étude des rapports entre ordre spontané et ordre organisé." Dijon, 1998. http://www.theses.fr/1998DIJOD006.
Full textThis study assumes that there is an antinomic relationship between arbitration and antitrust law, not only because of the conflict between freedom of contract and the economic public order, but also mostly because of the global conflictual environment to which the relation between spontaneous system and organized system are attached. Beyond these conflictual relations, this thesis tries to demonstrate the existence of a dialectic process of mutual influences. In the first part we demonstrate the trend towards the acceptance of more arbitrability of antitrust cases in comparative law, especially since the Mitsubishi case rendered by the supreme court of the United States. Nevertheless, some matters are still unarbitrable. In the second part, we observe several aspects of transformation of arbitration law by antitrust law. First, powers and duties of arbitrators are highly increased ; secondly, the doctrine of the lois de police has been strengthened ; at least, national judges tend to more control arbitration awards
Drai, Laurent. "Le droit du travail intellectuel /." Paris : LGDJ, 2005. http://www.gbv.de/dms/sbb-berlin/502769610.pdf.
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