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Dissertations / Theses on the topic 'Arbitration (International law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 July 2024

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1

Hrle, Jelena. "International arbitration and competition law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64281.pdf.

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Hrle, Jelena. "International arbitration and competition law." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30305.

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Arbitrating of competition law claims has generated a substantial tension between the policies served by promoting international arbitration and those protected by the national competition law. Despite the legal tension and unpredictability associated with arbitrating competition law issues, the arbitrator should, in principle, resolve such issues. This study analyses the main concerns when arbitrating competition law issues, such as jurisdiction, choice of law and, in particular, the position of national jurisdiction regarding the enforcement of the award conflicting national competition law.

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3

Fathallah, Raed M. "International law in investment agreement arbitration." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.439724.

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4

Dalentoft, Tomas, and Magnus Toftgård. "International Arbitration : Arbitration Agreements and the writing requirement." Thesis, Jönköping University, JIBS, Commercial Law, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-7471.

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<p>Abstract</p><p>As international trade is constantly increasing, the number of disputes between international parties is greater than ever. In view of the fact that it is difficult to get court judgments recognized and enforced, arbitration has gained a great foothold in international commercial disputes. The leading international legal framework for recognition and enforcement of arbitral awards is the New York Convention of 1958 with 142 Member States as of today. It simplifies recognition and enforcement of arbitral awards in foreign countries. Nevertheless, certain criterions are require

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5

Ilieva, P. "Judicialisation of international commercial arbitration." Thesis, City, University of London, 2016. http://openaccess.city.ac.uk/17891/.

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It has been increasingly argued that international commercial arbitration is stripping off its intrinsic features of an alternative dispute resolution method and turning into a mechanism that is almost indistinguishable from litigation. The development describing the metamorphosis of international commercial arbitration into a method that is very similar in process and substance to national litigation is referred to as the judicialisation of international commercial arbitration. The focus of this research is the process of judicialisation. The thesis questions whether it exists at all and, if

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6

Huang, Ze Yu. "Pathological arbitration clauses in international commercial arbitration :law and practice in China." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3570897.

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7

Yesilirmak, Ali. "Provisional measures in international commerical arbitration." Thesis, Queen Mary, University of London, 2003. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1816.

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Interim protection of rights (through provisional, including protective, measures) is as important as the final protection of those rights. This thesis examines several problems and uncertainties surrounding provisional measures in international commercial arbitration. Those problems and uncertainties influence the effectiveness of arbitration; thus, they constitute a threat to the future of arbitration. The thesis aims to identify, analyse, and offer solutions to those problems and uncertainties. The thesis initially examines the roots and evolution of the concepts of arbitral powers to grant

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Conde, e. Silva Gui J. "Transnational public policy in international arbitration." Thesis, Queen Mary, University of London, 2007. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1717.

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Arbitration tribunals rely on public policy principles to exclude or determine the applicable law. At times, the notion of public policy will contain fundamental yardsticks recognised by the world community at large. In such cases public policy may be called transnational or truly international. The thesis expounds the notion and content of transnational public policy as applied by international tribunals. This objective is met by exploring the method, functions and purpose of transnational public policy in international arbitration. The opening chapter sheds light on the origins and concept o

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9

Al-Subaihi, Abdulrahman A. I. "International commercial arbitration in Islamic law, Saudi law and the model law." Thesis, University of Birmingham, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497341.

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10

Chang, Mann-Long. "Harmonisation of procedural law in international commercial arbitration." Thesis, University of Stirling, 2009. http://hdl.handle.net/1893/9931.

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The principle of party autonomy is widely accepted in the practice of international commercial arbitration. However, it still encounters certain limitations in its applications, especially for the fact that the demands of natural justice and the public good cannot be neglected by the parties. The various states in the international system have and operate peculiar systems of mandatory rules and public policies, which tend to impart significantly on the arbitral procedure, thereby creating a situation of discordance of outcomes of arbitration in different countries. For this reason, this writer

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11

Manton, Ryan. "Necessity in international law." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:0ee2dd8e-6eac-4364-b538-21ae5eb932a2.

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This thesis examines the role of necessity, as a defence to State responsibility, in international law. Necessity provides a State with a defence to the responsibility that would otherwise arise from its breach of an international obligation where the only way that State can safeguard an essential interest from a grave and imminent peril is to breach an obligation owed to a less imperilled State. It is a defence that has generated a considerable body of jurisprudence in recent years and yet it continues to be plagued by a perception that States have abused it in the past and by fears that Stat

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12

Sadafi-Chaghooshi, Farshad. "Is international commercial arbitration an autonomous legal system?" Thesis, McGill University, 2014. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=121482.

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In recent decades, the nature of international commercial arbitration has been transformed from a method of dispute resolution to an autonomous legal system. Globalization and a shift of power from states to private actors have resulted in the emergence of an international arbitration community that eventually produced this kind of transition. This movement has generated a dynamic discussion over the legality and systematicity of the arbitral legal system. By applying various legal theories, scholars of different legal systems have analyzed the legality of the arbitral legal system.

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13

Mbithi, Peter Mutuka. "International commercial arbitration in Kenya: is arbitration a viable alternative in resolving commercial disputes in Kenya?" Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12893.

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Includes bibliographical references.<br>The purpose of this paper was to determine whether arbitration is a viable alternative for resolving commercial disputes in Kenya. More so, because Kenya has adopted the UNCITRAL Model law, 1985 and revised the same in line with the model law, 2006. Furthermore, Kenya has set up the Nairobi Centre for International Arbitration, with an aim to promote and improve the conducting of arbitrations in the country. To answer the research question, the writer looked at the history of the arbitration law in Kenya, how the communities living in Kenya settled their

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Steingruber, Andrea Marco. "Notion, nature and extent of consent in international arbitration." Thesis, Queen Mary, University of London, 2009. http://qmro.qmul.ac.uk/xmlui/handle/123456789/415.

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Arbitration is a consensual and private mechanism of dispute resolution which leads to an enforceable arbitral award. In the traditional field of commercial arbitration the agreement to arbitrate is considered to be the cornerstone of arbitration. On the other hand, in the international context, arbitration has become increasingly used in other areas, like investment arbitration and sport arbitration, where the consensual nature of arbitration appears to be different. At the beginning of the study it will be underlined that, when speaking about the consensual nature of arbitration, one needs t

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Bahmany, Leyla. "Sustainable development of international arbitration: rethinking subject-matter arbitrability." Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=117139.

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The discussion pertaining to the inarbitrability of public policy disputes has a long-standing position in arbitration law. To protect public interests, domestic legal systems imposed a general ban on the arbitration of public policy disputes. In 1985, however, the United States Supreme Court in Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. removed antitrust disputes from the category of inarbitrable matters and marked a new phase in the history of inarbitrability. The general nature of Mitsubishi's reasoning affected other Western jurisdictions to remove the inarbitrability of publ

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16

Sasson, Monique. "Substantive law in investment treaty arbitration : the uneasy relationship of international law and municipal law." Thesis, University of Cambridge, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.611808.

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Baddack, Frank. "Lex Mercatoria: scope and application of the law merchant in arbitration." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Arbitration is the preferred method of dispute resolution in international trade. Naturally, a set of rules is necessary to govern the conflict&rsquo<br>s resolution. For cultural, political, economical or other reasons the parties&rsquo<br>national laws may not serve the individual interests and needs of that particular contract well. If one wants to avoid the application of both parties&rsquo<br>national laws, one can choose that the contract be governed by an a-national legal standard, e.g. general principles of International Trade Law or the general usages of a particular trade. These inte

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18

Schaffstein, Silja. "The doctrine of Res Judicata before international arbitral tribunals." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8665.

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There are currently no rules in international commercial arbitration law and practice assuring the coordination between (partial or final) arbitral awards and/or national court judgments rendered in identical or related cases. This lack of coordination is unsatisfactory, particularly in light of the ever-growing tendency of parties to submit their commercial disputes to international arbitration and the increasing complexity of international arbitration. Today, international commercial transactions and the disputes to which they give rise regularly involve multiple parties, contracts and issue

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19

Venter, Debra. "The UNCITRAL model law on international commercial arbitration as basis for international and domestic arbitration in South Africa / Debra Venter." Thesis, North-West University, 2010. http://hdl.handle.net/10394/4930.

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Commercial arbitration is growing in importance in the modern world. People often use arbitration to ensure adjudication by an expert in the field and although arbitration may not always be quicker, its importance continues to grow especially in international commercial disputes.1 Effective arbitration procedures will have positive consequences for the economical and political relationships between countries.2 The Arbitration Act 42 of 1965 might have sufficed in the past, but as international commercial arbitration is ever increasing and changing, this act has become out–dated. It does not ef

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Awojobi, Adeola Falilat. "Confidentiality and third party participation in international investor-state arbitration." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15187.

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The contractual nature of arbitration as a form of alternative dispute resolution in the context of cross-border/international disputes traditionally emphasises confidentiality as one of the fundamental characteristics of international arbitration. Confidentiality is often assumed to be a common feature and advantage of international commercial arbitration, and the privacy of arbitral proceedings has facilitated and encouraged recourse to arbitration. However, the issue of confidentiality has a different dimension and is limited in the context of international investment and trade disputes. Th

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Karton, Joshua David Heller. "The culture of international arbitration and the evolution of contract law." Thesis, University of Cambridge, 2011. https://www.repository.cam.ac.uk/handle/1810/252239.

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International commercial arbitration ('ICA') is typically characterised as a procedural alternative to litigation in national courts. The great majority of scholarly literature on ICA relates to its procedure, as opposed to substance. This is not surprising since, in ICA, the governing substantive law is usually the national law of some state. One might therefore expect that there would be no difference between the decisions of arbitrators and judges on matters governed by substantive law. However, this intuition remains untested. ICA exists outside the legal system of any state and is specifi

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22

Mohlin, Anna. "Relations of Power and Democratic Accountability in Investor-State Arbitration." Thesis, Stockholms universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-180894.

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International investment agreements largely cover today’s transnational investments. These agreements confer certain substantive rights to foreign investors while simultaneously obliging host-states to act in a given manner so as to not interfere with the investments. Most international investment agreements further contain an arbitration clause which provides the investor with the means to enforce the substantive rights of the agreement by directly bringing a claim against the host-state before an arbitral tribunal. Consequently, privately contracted arbitrators have the authority to scrutini

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23

Dowers, Neil Alexander. "The interface between jurisdiction instruments and arbitration." Thesis, University of Edinburgh, 2015. http://hdl.handle.net/1842/26021.

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This thesis addresses the question of how conventions and other instruments regulating court jurisdiction should deal with court proceedings relating to arbitration. It argues that the conventional approach of excluding court proceedings related to arbitration entirely from the scope of the jurisdiction instrument cannot be justified with reference to any international arbitration convention. It continues to argue that the exclusion of arbitration causes or exacerbates significant problems at the interface between the courts and arbitration, taking the European Union’s recent experience as an

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Alrajaan, Turki. "The Saudi Arbitration Law 2012 assessed against the core principles of modern international commercial arbitration : a comparative study with the model law and Scots law." Thesis, University of Stirling, 2017. http://hdl.handle.net/1893/28039.

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Following the Aramco arbitration in 1963, Saudi Arabia’s approach to international arbitration resulted in a reputation for being an arbitration unfriendly country. This was addressed to some extent by the Arbitration Law of 1983. However, arbitration under the 1983 law remained dependent on the approval of the national courts. With too much scope for judicial intervention, the legal framework undermined the final and binding nature of the award, constrained party autonomy and created inefficient delays. In 2012, a new Law of Arbitration was passed to replace the 1983 law with a legal framewor

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Pauker, Saar. "Characterization problems in investment treaty arbitration." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609210.

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26

Asouzu, Amazu Anthony. "African states and international commercial arbitration : practice, participation and institutional developments." Thesis, London School of Economics and Political Science (University of London), 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388810.

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27

Lenci, F. "PROVISIONAL MEASURES IN INTERNATIONAL INVESTMENT ARBITRATION." Doctoral thesis, Università degli Studi di Milano, 2015. http://hdl.handle.net/2434/250993.

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The thesis deals with provisional measures in one of the fastest-growing areas of public international law, namely international investment law and arbitration. Since to the best of my knowledge no monograph has ever been devoted thereto, my task in structuring this dissertation was at the same time easy (I was completely free to choose) and difficult (there was no extensive study to which I could refer). Moreover, the fact that this topic is a moving target, as I demonstrated in my study, rendered my task more complicated and fascinating. Therefore, this thesis constitutes a very personal en

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Yoshida, Ikko. "Comparative study of international commercial arbitration in England, Japan and Russia." Thesis, University of Edinburgh, 2000. http://hdl.handle.net/1842/15757.

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This thesis examines the law on international commercial arbitration in England, Japan and Russia with a view to identify those areas for which harmonisation is of the greatest practical importance. This study is a timely one, since the Arbitration Act 1996 came into effect on 1st January 1997 in England. In Japan, the Committee of Arbitration formed by Japanese experts on arbitration prepared the Draft Text of the Law of Arbitration in 1989, and preparation for amendment based on the UNCITRAL Model Law is under way. In Russia, the Law on International Commercial Arbitration was established ba

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McInnis, J. Arthur. "A commentary on the International Commercial Arbitration Act of British Columbia." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63987.

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Abdullah, Muhammad Tahir. "Role of UAE courts in international commercial arbitration." Thesis, University of Bedfordshire, 2013. http://hdl.handle.net/10547/305727.

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Concept of arbitration has been prevalent, historically, in the Middle East since the early days of Islam. The arbitral process has been problematic in the UAE however, it has not been until recently that the UAE has recognized the importance of arbitration as a powerful dispute resolution alternative and revised its legislation to accommodate the proceedings of domestic and international arbitration. In the past, foreign investors have been reluctant to select the UAE seat for their arbitration proceedings. There has been a perception that, as a general rule, the practice of international com

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Shalaan, Wael S. E. "Interim measures in international commercial arbitration : a comparative study of the Egyptian, English and Scottish law." Thesis, University of Stirling, 2013. http://hdl.handle.net/1893/17593.

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Interim Measures are viewed as an essential means to protect parties‘ rights in international commercial arbitration disputes. Most Arbitration Laws and Rules have recognised the arbitral tribunal‘s power to grant such measures. The success of this system relies on the court‘s assistance of the tribunal during the process. This relationship between the tribunal and the court is something vague under Egyptian Law, since there are no clear rules addressing the matter. Hence, this research examines the theories that explain the tribunal‘s authority and the relationship with the authority of the c

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Petrochilos, Georgios C. "Procedural detachment in international commercial arbitration : the law applicable to arbitral procedure." Thesis, University of Oxford, 2000. https://ora.ox.ac.uk/objects/uuid:41c82c4d-d708-4cfe-b853-d50e41ea0773.

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This thesis seeks to ascertain the rules of private international law determining the procedural law of international commercial arbitral proceedings. In an Introduction, the author outlines the fundamental notions, introduces the topic and the major doctrines and issues, and sets out his methodology and structure of the work. The thesis examine first, as a preliminary issue, the considerations influencing the assumption of jurisdiction over arbitral proceedings. Chapter 1 discusses the various theories on the lex arbitri (the law supplying the general legal framework of an arbitration) as rel

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Affolder, Natasha. "Fiction, fear and fallacy : compound interest in national law and international arbitration." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.322784.

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Tolkušinas, Kasparas. "Defective Arbitration Clauses in International Commercial Contracts." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110124_131045-86915.

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Usually in a drafting process of a contract arbitration clause is left at the end of a contract. Sometimes it happens that parties really do not wish start discussions on how should arbitration clause look like or what details should it contain, because either parties think they would never come to a conflict or they are short in time and leave arbitration clause unconsidered. Absence of proper attention when drafting arbitration clauses is likely to give rise to defective arbitration clauses, which lead to much higher than expected time and money costs or even make arbitration impossible. Mas

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Luttrell, Samuel Ross. "Bias challenges in international arbitration: the need for a 'real danger' test." Thesis, Luttrell, Samuel Ross (2008) Bias challenges in international arbitration: the need for a 'real danger' test. PhD thesis, Murdoch University, 2008. https://researchrepository.murdoch.edu.au/id/eprint/698/.

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Luttrell, Samuel Ross. "Bias challenges in international arbitration: the need for a 'real danger' test." Luttrell, Samuel Ross (2008) Bias challenges in international arbitration: the need for a 'real danger' test. PhD thesis, Murdoch University, 2008. http://researchrepository.murdoch.edu.au/698/.

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Al-Zahrani, Omar Saleh Faris. "Reflections on the downfall of public international arbitration in the 20th century." Thesis, University of Hull, 2002. http://hydra.hull.ac.uk/resources/hull:5723.

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The purpose of this thesis is to demonstrate the pattern of the rise and fall of inter-state arbitration as a means of international dispute settlement through the reflection of the legal doctrine over the past 100 years. The discussion will touch upon a number of basic issues related to the public international arbitral sector, such as the true nature of arbitration, as well as the origins of current-day arbitral practice, arbitral procedure, state practice, the legal and non-legal dispute dichotomy, jurisdiction of international tribunals, and the historical development of general inter-stat

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Ng, Yu-wai Magnum. "A comparative study of the law and practice on taking of evidence in international arbitration proceedings an eclectic approach of common law and civil law systems /." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22730126a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2008.<br>Title from PDF t.p. (viewed on Oct. 3, 2008) "City University of Hong Kong, School of Law, LW 6409A Dissertation." Includes bibliographical references (p. 63-65)

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Ezejiofor, Obianuju Chioma. "Domestic courts and international investment arbitral tribunals : nurturing a profitable and symbiotic relationship." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8964.

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This thesis proposes that conscious and increased co-operation and coordination of the relationship between investment tribunals and domestic courts can greatly improve the efficacy of the international investment arbitration system, and further the rule of law. The extent of the power both forums wield, the level of influence both systems have on each other and the critical roles both systems play in the resolution of investment disputes warrant a systematic approach to cooperation and coordination. This study finds justification for this proposition by analyzing the policy implications of in

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Assaduzzaman, Assad Khan. "Agreements of state-entity and state liability in international investment arbitration." Thesis, University of Southampton, 2013. https://eprints.soton.ac.uk/348851/.

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Most often in an investment agreement between a State entity and a foreign investor the arbitral tribunal is faced with the question of the liability of the State for the conduct of its entities. To make it precise the crucial findings of this research is whether or to what extend the States hall be liable for the commercial conduct of its entities? State affiliates in general includes, ‘state organ, ‘state agency’, ‘instrumentality’, ‘state-owned entity’, ‘state-owned company’, ‘publicly owned corporation’, ‘government business enterprise’, ‘public sector undertaking’ and ‘parastatal entity’.

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Kirunda, Solomon Wilson. "Slithering towards uniformity: the international commercial arbitration and conciliation working group of UNCITRAL as a key player in the strengthening and liberalisation of international trade." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2438_1254403625.

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<p>The objective of this study was to examine and review the main features and works of the arbitration and conciliation working group of UNCITRAL while demonstrating their impact on international trade.</p>

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Borba, Igor M. "International Arbitration: A comparative study of the AAA and ICC rules." [Milwaukee, Wis.] : e-Publications@Marquette, 2009. http://epublications.marquette.edu/theses_open/20.

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Toope, Stephen John. "Arbitrations involving states and foreign private parties : a study in contemporary legal process." Thesis, University of Cambridge, 1986. https://www.repository.cam.ac.uk/handle/1810/285973.

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Arbitrations involving states and foreign private parties are a complex phenomenon, sharing certain animating values with other forms of adjudication, particularly international arbitrations of private commercial disputes, but reflecting at the same time singular values that must be fostered if the institution is to play a beneficial role in the international community. A study of institutional forms of arbitration designed primarily to resolve commercial disputes between private parties reveals that their emphasis upon stability and upon the certainty and predictability of rules can make such

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Al-Shubaiki, Torki. "The Saudi Arabian arbitration law in the international business community : a Saudi perspective." Thesis, London School of Economics and Political Science (University of London), 2003. http://etheses.lse.ac.uk/2654/.

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Arbitration is now generally accepted as a principle method of solving disputes in commercial transactions. It is no longer a product to be advertised in seminars or symposiums related to international trade, rather it is a must in international business transactions. Because we have reached a point where most countries have adopted the UNCITRAL Model Law on arbitration and become party to the 1958 New York Convention on the recognition and enforcement of foreign arbitral awards, we believe that some studies from the Islamic perspective are necessary in order to find a route to the theory of t

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Ratz, Peter [Verfasser]. "International and European Law Problems of Investment Arbitration involving the EU / Peter Ratz." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2017. http://d-nb.info/1160321434/34.

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Alba, Betancourt Ana Georgina. "Cross-border conflicts of patents and designs : a study of multijurisdictional litigation and arbitration procedures." Thesis, Queen Mary, University of London, 2015. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8918.

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This thesis examines procedural litigation problems arising when two parties have a conflict involving the same patent or design, with an impact in several jurisdictions, taking as a case study the litigation procedures of Apple and Samsung. The thesis asks whether this type of dispute is best resolved through a single procedure. If so, what would be the circumstances surrounding such procedure in terms of jurisdiction, applicable law, preliminary injunctions and enforcement of the decisions? It first identifies the problems related to the type of dispute when taking parallel actions in differ

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Esan, Adenike Oluwatoyin. "Stability guarantees in investment treaty arbitration : a question of balancing competing rights." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=239415.

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Terrett, Stephen Terence. "The dissolution of Yugoslavia and the Badinter Arbitration Commission." Thesis, University of Liverpool, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.367242.

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This thesis examines the dissolution of Yugoslavia during 1991-2 and the involvement of a legal commission, known as the Badinter Arbitration Commission, in this process. This Commission was an ad hoc legal organ which was created for the purpose of assisting in the peaceful resolution of the conflict which erupted in Yugoslavia during the latter years of the Cold War and continued throughout the post-Cold war period. Whether it can truly be described as having been fully resolved remains to be seen. The thesis describes international events leading to the end of the Cold War, domestic events

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Elombi, George. "Arbitration of international commercial and investment disputes : are the misgivings of developing states justified?" Thesis, Queen Mary, University of London, 1996. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1668.

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This thesis is concerned with the attitude of countries of the developing world to international commercial arbitration. It argues that their perception of arbitration in international trade is that the process does not favour them. In an attempt to explain that perception it identifies several possible reasons, ranging from the character of arbitration as a means of settling disputes, to the judicial treatment of awards in which the states have been involved. The treatment of the subject is structured to correspond largely with the three separate stages of the arbitration process. Chapters on

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Jacyk, David William. "Arbitration in WTO disputes : the forgotten alternative." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/32137.

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Abstract:

The creation of a binding adjudication system under the Dispute Settlement Understanding ("DSU") is one of the major successes of the WTO. However, while the Dispute Settlement Body ("DSB") has experienced a high level of compliance with its rulings, there have been enough failures to raise concerns about compliance with WTO rulings. This in turn endangers the long term viability and legitimacy of the WTO as a decision-making body. This thesis explores the possibility of more effective integration of arbitration as a means of dealing with a small number of problematic cases where compliance w

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