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1
Devkota, Sanad. "Viewpoint of the Supreme Court of Nepal on the Arbitration Process in the Light of Party Autonomy." Tribhuvan University Journal 35, no. 2 (December 31, 2020): 47–58. http://dx.doi.org/10.3126/tuj.v35i2.36189.
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Arbitration is a contract-based form of binding dispute resolution. In other words, a party’s right to refer a dispute to arbitration depends on the existence of an agreement between them and the other parties to the dispute that the dispute may be referred to arbitration. Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. The arbitration process is similar to a trial in that the parties make opening statements and present evidence to the arbitrator. Conflicts have existed in all cultures, religions and societies since time immemorial, as long as human have walked the earth. Human society is a repertoire where differences arise and persist as salient features, but this is also a platform where varieties of disputes find management in the form of resolution to energize the society. As conflicts are an integral part of human interaction, one must learn to deal with them tactfully, conventionally, disputes – commercial or otherwise were resolved by litigation but due to delays, costs, publicity and technicality associated with litigation, alternative dispute resolution (ADR) processes evolved. Various means of ADR or out of court settlement of disputes such as negotiation, conciliation and arbitration have come into practice. In the modern era, the business activities are increasing day by day. Along with the business activities, its complexities, differences, and disputes are also increasing day by day. The traditional method of settling disputes is the litigation process in the court of law. From the perspective of concerned parties, settlement of these disputes as quick as possible is desired. But because of the lengthily procedure and case load settlement through court is not possible. For this reason, parties were looking for the alternative process where both the parties can trust impartial person who will solve their disputes within short period of time.
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Ahmad Yani Kosali and Dimas Pratama Putra. "Clause of Unlawful Action that May Void Arbitration Rules." Journal of Sustainable Development Science 3, no. 1 (March 30, 2021): 26–34. http://dx.doi.org/10.46650/jsds.3.1.1063.26-34.
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Arbitration is a way of resolving a civil dispute outside a public court based on an arbitration agreement made in writing by the disputing parties. The problem in this research is whether the Arbitration decision can be overturned by the District Court because it contains clauses of illegal acts?, and What are the forms of illegal acts that can be overturned by the District Court? The type of research used is descriptive normative legal research. From the results of the research, it can be concluded that: An Arbitration Award can be overturned by the District Court because it contains a clause on illegal acts, is a decision that has been tested and examined through a civil court hearing that it is proven based on the evidence submitted by the disputing parties that the arbitration award contains actions against the law. And a form of illegal action that can be annulled by the District Court is a decision that has permanent legal force stating that the arbitration award is proven to have been an illegal act committed by one of the parties.
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Baghbanian, Abdolvahab, Tracy Merlin, Drew Carter, and Shuhong Wang. "Methods for the health technology assessment of complex interventions: a protocol for a scoping review." BMJ Open 10, no. 11 (November 2020): e039263. http://dx.doi.org/10.1136/bmjopen-2020-039263.
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IntroductionIn healthcare policy and economic literature, research on the health technology assessment (HTA) of complex interventions (CIs) is becoming increasingly important. In many developed countries, HTA guides decision-making to help achieve greater value for money when funding health care. However, research has yet to identify the forms of evidence and evaluation criteria that should be used in the HTA of CIs. Previous research has established that the HTA of CIs requires multiple factors to be evaluated but there is no agreement on which factors ought always to be considered. There is equally little agreement on which forms of evidence ought to be collected or synthesised and how. We plan to perform a systematic scoping review in order to identify the range of evaluation criteria and types of evidence currently used in the HTA of CIs.Method and analysisThis protocol was developed to guide the methodological framework for the conduct of a scoping review on health technology assessment (HTA) of complex interventions (CIs), using the Joanna Briggs Institute guidelines and the six-stage framework proposed by Arksey and O’Malley, in addition to more recent innovations in scoping review methodology. A grey literature search will supplement the primary searches of seven electronic databases for studies available in English between January 2000 and August 2020. Two reviewers will independently screen all search results for inclusion and data will be extracted using a customised data extraction or charting form. Any dispute will be resolved by consensus or through arbitration by a third author. The mnemonic Population, Concept and Context will be adopted to establish criteria for selecting relevant literature, and the Preferred Reporting Items for Systematic Reviews and Meta-Analyses: Extension for Scoping Review will be used for reporting the results. Several explanatory-descriptive methods will be used for analysing the extracted data including frequency and trend analyses as well as reflexive thematic coding and analysis.Mapping evidence on the HTA of CIs will allow us to gain a better understanding of both established and emerging practices, including the information types, requirements, values and parameters that are incorporated in the HTA of CIs. We also expect the findings of the scoping review to help identify research gaps that will guide future studies. As healthcare becomes more complex in its delivery, it is timely to determine how these complex interventions should be assessed so that policy decisions can be made about whether implementation and public funding is warranted.Ethics and DisseminationThis scoping review will involve secondary analysis of already collected data, and thus, does not require ethics approval. The research findings will be submitted to peer-reviewed journals for publication and will also be disseminated at conferences and seminars.
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Ryšavý, Lukáš. "Form of Arbitration Agreement in a Comparative Perspective." International and Comparative Law Review 20, no. 2 (December 1, 2020): 38–72. http://dx.doi.org/10.2478/iclr-2020-0017.
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Summary The arbitration agreement is one of the basic pillars and conditions of arbitration, without which arbitration cannot take place. In addition to the content requirements, it must be concluded in the required form in accordance with the relevant regulations. This article deals with the form of an arbitration agreement and on the example of various legal orders it shows the possibilities that can be encountered in the issue of formal requirements on an arbitration agreement. The comparative approach is intended to underline the importance of arbitration in international context and the importance of uniform, or at least similar, regulation from the point of view of legal certainty, for example. Despite the partial differences, it can be positively stated that the legal systems strive for a balance between informality and excessive formalism, and respect (also for practice) important principles important such as potius valeat actus quam pereat or the autonomy of the parties.
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Surma-Buczek, Aleksandra. "The Form of the Arbitration Agreement – Comparative Analysis." Studenckie Zeszyty Naukowe 19, no. 30 (June 16, 2017): 91. http://dx.doi.org/10.17951/szn.2016.19.30.91.
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Ranjbar, Masoudreza, and Mehdi Dehshiri. "General and Specific Conditions of Arbitration Agreement." Journal of Politics and Law 10, no. 5 (November 29, 2017): 95. http://dx.doi.org/10.5539/jpl.v10n5p95.
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Arbitration as an alternative method of dispute resolution intrinsically is considered an exceptional institution. Being exceptional the arbitration institution requires to form it under the agreement of the will of the parties in the form of the arbitration agreement and thus until the parties have not agreed, Judgment is not imposed on them. Arbitration agreement is a contract in term of nature, and like all contacts must be respected the general rules of contract in it. The noteworthy point about this is that how is the observation of these conditions in arbitration agreement? In addition, this contract has the contents and conditions that the contracting parties agree to it and the basis of action of arbitrator or arbitrators is in the dispute settlement that it is interpreted as the specific conditions of the contract. The most important cases that often are noticed them in arbitration agreements and in the case of silence of the parties, the law governing the arbitration is replaced with their will in this regard, as follow: competence of arbitrator, language arbitration, the arbitration time, the arbitration costs, location of investigation and the number of arbitrators. The main question in this regard is this, how is the mutual consent of the parties of agreement in this regard. The answer to these two questions is the subject of this paper, which has been dealt with it through library studies and with the content analysis method.
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Avsiievych, Alla. "Historical stages of development of the arbitration agreement and arbitration." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, no. 5 (December 30, 2020): 125–33. http://dx.doi.org/10.31733/2078-3566-2020-5-125-133.
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International commercial arbitration is one of the most important institutions of modern law, an important form of resolving disputes arising in foreign economic activity. The history of international commercial arbitration has significantly affected its current state and therefore needs detailed consideration. To study this topic, it is necessary to clearly distinguish between the types of arbitration that existed at one time or another. The article is devoted to the stages of development of international commercial arbitration and its application to resolve international commercial disputes. The article examines the provisions of legal acts that for the first time define the concept and legal status of international commercial arbitration.
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Blanco García, Ana Isabel, and Pablo Quinzá Redondo. "Control judicial de la validez del convenio arbitral en un contrato de adhesión: Sentencia Núm. 409/2017 de 27 de junio del Tribunal Supremo = Arbitration agrement and standard form contracts: judgement number 409/2017 of 27th june of the Spanish Supreme Court." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 1 (March 8, 2018): 544. http://dx.doi.org/10.20318/cdt.2018.4135.
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Resumen: La sentencia núm. 409/2017 del Tribunal Supremo aborda la posible aplicación de un convenio arbitral contenido en un contrato de adhesión en un asunto sobre la nulidad de contratos financieros SWAP y PUT. En particular, se aborda el alcance de la competencia del juez ordinario pata interpretar el convenio arbitral, así como las propias cuestiones cubiertas por el mismo.Palabras clave: arbitraje, contratos de adhesión, convenio arbitral.Abstract: Judgment number 408/2017 of the Spanish Supreme Court deals with the potential application of an arbitration agreement in the case of a standard form contract. In particular, it focuses on the jurisdiction of the judge to interpret the arbitration agreement and on the questions that are covered by the arbitration agreement itself.Keywords: arbitration, standard form contract, arbitration agreement
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Siregar, Nurdin, and Radisman Saragih. "Penyelesaian Sengketa Para Pihak di Bidang Bisnis melalui Arbitrase." to-ra 2, no. 1 (May 1, 2016): 305. http://dx.doi.org/10.33541/tora.v2i1.1133.
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Arbitration is a way of solving civil disputes outside the public courts based the arbitration agreement made in writing by the parties to the dispute. The arbitration agreement is an agreement in the form of the arbitration clause contained in a written agreement made by the parties before a dispute arises or a separate arbitration agreement made by the parties after a dispute arises. In everyday life with various activities of members of today’s society, immense possibility of friction-friction in running business and trade that ended with disputes between members of the public and businesses. In efforts to completion, it would seem that this form of dispute diversity define the core issues then this diversity will be easy settlement with the provisions and rules of law that are sure to be able to look for the solution either arbitration or by mediation, consulting, negotiations, konsialiasi. The arbitration decision will be implemented after the verdict copy officially registered, but the arbitration ruling in accordance with the provisions of the law Arbitration can still be filed annulment if the decision is thought to contain elements, letters or documents are filed in the examination after the verdict recognized dinyataakan counterfeit or fake, after adjudication documents found prescriptive, which is hidden by the other party or the decision taken on the results of a ruse conducted by one of the parties in the dispute. That for legal certainty associated with the judiciary also good for the winning side and the decision is legally binding.
Kata Kunci: Penyelesaian sengketa bisnis melalui arbitrase
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Do, Van Dai. "A Proposal for the Abandonment of the Writing Requirement for Arbitration Agreements in National Laws." Vietnamese Journal of Legal Sciences 2, no. 1 (September 1, 2020): 16–44. http://dx.doi.org/10.2478/vjls-2020-0008.
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AbstractAn arbitration agreement is an agreement in which two or more parties agree that a dispute which has arisen or may arise between them shall be resolved by one or more arbitrators. For the past decades, the written form has been a key requirement for arbitration agreements. However, there has arisen a shift in national laws towards the abandonment of this formal requirement to give the parties more freedom in the expression of their arbitration agreement. This argues for this abandonment and discusses how this can be realized in national laws.
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Grušić, Uglješa. "Personal scope of arbitration agreements in Serbian law." Revija Kopaonicke skole prirodnog prava 2, no. 2 (2020): 79–97. http://dx.doi.org/10.5937/rkspp2002079g.
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This article deals with the personal scope of arbitration agreements in Serbian law and covers issues of terminology, applicable law, form of the arbitration agreement and determination of persons covered by the arbitration agreement. The judgments of the Supreme Court of Cassation in Prev 58/2016 and Prev 37/2018 are criticed. The article reaches two general conclusions. First, the departure from the UNCITRAL Model Law in Article 13 of the Serbian Law on Arbitration has led to unpredicted problems and an unacceptable interpretation of Article 13, according to which this provisions lays down a numerus clausus of the grounds on which an arbitration agreement can be held to be coveringnon-signatories. Second, Serbian courts have not shown that they are up to the task of establishing a favourable environment for the development of arbitration in Serbia.
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Darwis, Hanafi. "REGARDING DISPUTE AND ARBITRATION." UNES Law Review 2, no. 2 (March 6, 2020): 190–204. http://dx.doi.org/10.31933/unesrev.v2i2.113.
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It shall be necessarily acknowledged that a dispute is usually originated from such a situation in which a party feels harmed by the other party. Unsatisfied expression shall come out if there is any conflict of interest. In respect of which, people shall have such a certain way to settle a conflict or dispute itself, in which the process of dispute settlement engaged herein may be taken through both formal and informal approaches. In relation to which, Arbitration Agency may receive a request raised by the parties in such an agreement and give a binding opinion regarding the matters pertaining to the aforementioned agreement, for instance, if there is any interpretation of any unclear provision; there is any addition or variation in the provision with respect to the existence of any new circumstance. Accordingly, the issuance of opinion by arbitration agency shall cause the both parties bound to it, if a party’s action is in violation to the aforesaid opinion, it shall be deemed to breach the agreement, and against the aforesaid binding opinion, any legal remedy or protest whatsoever may not be filed either in the form of legal proceeding of Appeal or Cassation.
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Wach, Andrzej. "Instytucjonalna podstawa orzekania w ramach arbitrażu przymusowego." Studia Iuridica 75 (October 23, 2018): 189–208. http://dx.doi.org/10.5604/01.3001.0012.6918.
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The courts of modern countries do not want to use the monopoly in the area of deciding about investments or sports cases. Henceforth, in time appeared a construction of alternative forms for solving such a dispute. They constitute an open category of proceedings solving sports disputes, which are undergoing a big evolution in some countries nowadays. Their common characteristic is the interference of a neutral third party (for example an arbitrator), with a purpose to present or propose to the parties a solution of a dispute. Arbitration is often thought as a quick and efficient method for determining controversies. The modern law prescribes formal and substantive requirements for the arbitration agreement, which must be made in writing. The requirement of a written form is also satisfied if in a contract between parties, they refer to a document containing a clause with a decision to resolve their dispute in arbitration, provided that such a contract is made in writing and the reference incorporates that clause into the contract. The principal problem related to the arbitration agreement “per relationem” or “by reference” lies in the consensual character of such agreement whereas the form of the agreement has been found to be a preliminary question to this matter. In the article the author analyses the institutional basis for obligatory arbitration in past and currently. This type of arbitration may be forced by a law, a third party (e.g. international sports federation) or a party of the legal relationship.
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Golubenko, К. A., and E. V. Voskresenskaya. "Possibilities and Limits of Implementation by the Parties of the Arbitration Agreement and the Principle of Autonomy of Will: Current Trends." Sociology and Law, no. 1 (April 2, 2021): 88–93. http://dx.doi.org/10.35854/2219-6242-2021-1-88-93.
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The article analyzes the principle of the autonomy of the will, which is fundamental in the regulation of the settlement of disputes arising from the foreign economic relations of the parties. The most important principle under consideration, in particular, allows the parties to decide which law will be applied to regulate their relationship and which court or arbitration will be given the competence to resolve their disputes. The authors note the tendency of the legislative sphere and law enforcement practice to give the parties as much freedom as possible when concluding and implementing the terms of an arbitration agreement. This, of course, increases the possibility of implementing the principle of autonomy of the will of the parties. The authors come to the conclusion that there is also a tendency to form more specific limits of the autonomy of the will when concluding an arbitration agreement. The article analyzes the materials of the judicial and arbitration practice of the Russian jurisdiction, when the autonomy of the will at the conclusion of an arbitration agreement is limited. The authors highlight the criteria for the possibility of applying an arbitration agreement-validity and enforceability, the practice of which is quite contradictory.
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Meshel, Tamar. "The Croatia v. Slovenia Arbitration: The Silver Lining." Law & Practice of International Courts and Tribunals 16, no. 2 (December 5, 2017): 288–306. http://dx.doi.org/10.1163/15718034-12341351.
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Abstract Much controversy has surrounded the recent arbitration between Croatia and Slovenia. Nonetheless, the proceedings represent a welcome step in the right direction in terms of the perception and use of arbitration as a quasi-diplomatic interstate dispute resolution mechanism. Such an approach to arbitration is evident both in the parties’ arbitration agreement and in the arbitral tribunal’s final award in this case. The article first explains the proper use of interstate arbitration in its original form as a quasi-diplomatic process. This process produces a final and binding decision that respects international law yet does not necessarily rely solely on it. The article then examines how this original quasi-diplomatic nature of interstate arbitration is reflected in certain aspects of the Croatia v. Slovenia case.
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Sapeiko, L. V. "Some Aspects of the Evidentiary Process during the Arbitration of Civil Cases." Bulletin of Kharkiv National University of Internal Affairs 91, no. 4 (December 20, 2020): 37–48. http://dx.doi.org/10.32631/v.2020.4.03.
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The institution of proving and evidence in civil cases considered by arbitration courts has been studied. According to the author, the most significant problem that hinders the full functioning of arbitration courts and the transfer of disputes for their resolution is the presence of certain legislative gaps, as well as insufficient regulation of arbitration, in particular in the field of evidentiary activity. The purpose of the article is to determine the system of evidence in civil cases considered within the arbitration procedure, as well as the competence of arbitration courts in the field of evidentiary activity. The comparative and legal analysis of normative provisions of the Law of Ukraine “On Arbitration Courts” and the civil procedural legislation of Ukraine related to evidence and their research has been carried out. The author has for the first time studied the main problems of proving and evidence in civil cases, submitted for consideration and solution to the arbitration court by the agreement between the parties to the dispute, and has provided propositions to improve the Law of Ukraine “On Arbitration Courts” to overcome these problems. The author has substantiated the conclusion on the need to introduce a separate norm in the Law of Ukraine “On Arbitration Courts”, which should clearly define the means of proving, which are the basis for establishing the circumstances of the case during the arbitration proceedings. These should include written, physical and electronic evidence, expert opinions and explanations of parties, third parties and their representatives. It has been emphasized that the testimony of witnesses, considering the specifics of obtaining and ensuring the reliability of such a source of evidence, which may be implemented only by the state court, can not be attributed to means of evidence in arbitration. If the parties plan to use the testimony of a witness as evidence, they can refer their dispute to the state court. The results obtained during the study can be used in the process of reforming the current legislation of Ukraine regulating the activities of arbitration courts.
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Terentyeva, L. V. "Legal Nature of Clauses Determining Arbitration Centers Resolving Disputes under the UDRP." Lex Russica 73, no. 6 (June 26, 2020): 44–60. http://dx.doi.org/10.17803/1729-5920.2020.163.6.044-060.
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Recent legislative amendments regarding an arbitration agreement incorporated into the agreement of accession have contributed to the formation of the concept in the Russian doctrine giving additional argumentation in favor of qualifying clauses envisaging the consideration of domain disputes under the UDRP as arbitration agreements. Taking into account a number of procedural and legal consequences determined by both the fact of the conclusion of the arbitration agreement and the fact of the award, the author raises the question of the nature of clauses providing for the consideration of disputes under the UDRP procedure. The study of the main properties and characteristics of the clauses under consideration leads to the conclusion that the balance between public law and private law foundations defined in the doctrine inherent to the arbitral agreement, does not meet the nature of the dispute resolution clauses under the UDRP (the impossibility for the domain name holder to refuse from the clause; the absence of the derogatory effect of the clause, etc.). Accordingly, enforceability of this clause cannot be determined under the provisions of the Federal Law on Arbitrazh [Arbitration] of 2015 and the Law of the Russian Federation on International Commercial Arbitration of 1993, providing the conclusion of the arbitration agreement, which, for example, include the principle of effective interpretation of an arbitration agreement that does not exclude in a number of cases the competence of the arbitral tribunal in the absence of the agreement signed by the parties. In this regard, the author questions the argumentation in favor of unenforceability of the clause under consideration based on the named laws.The study of certain principles of dispute resolution proceedings under the UDRP (limited list of remedies; resolution of the dispute in the form of oral hearings only on the initiative of an administrative commission; the unduly short period of time provided for both response to the claim and going to a competent court; the disparity of the dispute resolution clause, etc.) allows the author to conclude that, in some cases, such a clause is burdensome for the owner of the domain name due to the violation of the principles of legality and independence in the establishment and formation of a specific administrative commission.
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Mansyur, M. Ali, and Hutrin Kamil. "KAJIAN HUKUM ONLINE DISPUTE RESOLUTION (ODR) DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999." Jurnal Pembaharuan Hukum 1, no. 2 (August 1, 2014): 111. http://dx.doi.org/10.26532/jph.v1i2.1461.
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Alternative dispute resolution (ADR) is an out of court dispute resolution. that the parties to the dispute by mutual agreement freely choose the form and procedures contained in the alternative dispute resolution and will be applied in the dispute resolution. One of the breakthrough by using a model of online arbitration, which is known as Online Dispute Resolution (ODR), so that the disputing parties can resolve anywhere he is. This research uses normative juridical approach, an approach to positive law or regulations reserved. By analyzing and evaluating legislation. Online dispute resolution process consists of: The parties agreed in the form of an agreement to resolve the dispute through arbitration online. Although legally, Online Dispute Resolution is not expressly provided in the Act No. 30 of 1999, does not mean there can be applicable in Indonesia. But the arbitrators and judges can use the method of the invention to overcome this law.
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Ilyichev, P. A. "Ensuring Good Faith in Arbitration Proceedings." Actual Problems of Russian Law, no. 7 (July 1, 2018): 82–89. http://dx.doi.org/10.17803/1994-1471.2018.92.7.082-089.
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This article is devoted to some aspects of ensuring good faith in arbitration proceedings in civil cases within the framework of the arbitration procedure in terms of securing rights and legitimate interests of third parties who are not parties to arbitration with due regard to the reform of the arbitration courts law. The article analyzes the problem that takes place in law enforcement practice when parties involved in civil transactions to the detriment of rights and legally protected interests of third parties resort to arbitration proceedings and confirm an artificially created debt arising from a non-existing contractual obligation. On the basis of the scientific doctrine and jurisprudence analysis and with due regard to legal stances of the Supreme Court of the Russian Federation, the author proposes a set of measures aimed at preventing abuse of the right to arbitration proceedings, the content of which is reduced to the introduction of the principle of good faith directly into the norms of arbitration procedure legislation and an obligatory notarial form of the arbitration agreement when the cases are considered by arbitral tribunals set up by the parties to consider a dispute in question.
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Hebdon, Robert, and Maurice Mazerolle. "Regulating Conflict in Public Sector Labour Relations." Articles 58, no. 4 (March 23, 2004): 667–86. http://dx.doi.org/10.7202/007821ar.
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Abstract Using a comprehensive collective bargaining data set, we examine dispute resolution patterns of all bargaining units in the province of Ontario over a 10-year period. A central finding is that bargaining units covered by legislation requiring compulsory interest arbitration arrive at impasse 8.7 percent to 21.7 percent more often than bargaining units in the right to strike sectors. Even after controlling for legislative jurisdiction, union, bargaining unit size, occupation, agreement length, time trend, and part-time status, strong evidence was found that compulsory arbitration has both chilling and dependence effects on the bargaining process. The problem of failure to reach negotiated settlements is particularly acute in the health care sector, especially among hospitals. Our results also call into question the use of interest arbitration in a central bargaining context. The centralized structure appears to exacerbate the negative effects of interest arbitration.
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Pritayanti Dinar, I. Gusti Agung Ayu Gita. "Komparasi Hukum Acara Pembuktian E-Arbitration di Indonesia dengan Shenzhen, Cina." Acta Comitas 5, no. 3 (January 12, 2021): 631. http://dx.doi.org/10.24843/ac.2020.v05.i03.p17.
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Online dispute resolution (ODR) is designed to facilitate the proceedings of parties dispute through online technology media such as PCSs, laptops and cell-phones. ODR is expected to facilitate an effective mediation, adjudication communication, so it can provide benefits in the form of time and cost efficiency in dispute resolution. The research questions investigated in this study are: (i) What are the advantages of the concept of proceedings by e-arbitration? (ii) Does the e-arbitration evidence collection procedure in accordance with the evidence principles of civil procedure law? This study employs the normative legal research method. The theories applied in investigating the problems in this research are the economic-legal theory and evidence principles. Through this study, it can be determined the comparison of procedure, benefit of e-arbitration evidence regulation in ShenZhen and Indonesia.
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Gavrilenko, Vladimir. "Legal regulation of dispute consideration features by arbitration courts in the Republic of Tajikistan (regulation of dispute resolution procedure)." Current Issues of the State and Law, no. 14 (2020): 250–61. http://dx.doi.org/10.20310/2587-9340-2020-4-14-250-261.
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The work is devoted to the analysis of legal regulation of the disputes consideration procedure by arbitration courts in the Republic of Tajikistan. We comment on the content of the Law of the Republic of Tajikistan “On Arbitration Courts” dated January 5, 2008 no. 344. We provide an itemized commentary on the provisions of the above-mentioned law, which directly regulates the dispute resolution process by the arbitration court. In addition to the main issues related to the statement of claim, other requirements for the statement of claim are described, which are regulated by the arbitration rules. We carry out a comprehensive analysis of the procedure for submitting feedback on the statement of claim. We illustrate issues related to the competence of the arbitration court. We note that this is an important innovation of commented law, since the previous legislation did not consider the competence of the arbitration court. We assign a separate place to the definition of the arbitration rules, the arbitration language, and the arbitration confidentiality. We assign a separate place to the definition of the arbitral proceedings rules, the arbitral proceedings language, and the arbitral proceedings confidentiality. The features of applying interim measures are described. We consider the procedure for presenting evidence, as well as the features of the parties' participation in the arbitration court. We analyze the procedure for the appointment and submission of expertise. In addition, the regulation of the meeting protocol of the arbitration court is described. Attention is also drawn to the prohibition of bonded terms of the settlement agreement for any of the parties.
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Vukadinović, Slobodan. "The arbitration clause in general terms and conditions of business transactions: Current trends in international trade versus consumer arbitration." Glasnik Advokatske komore Vojvodine 92, no. 3 (2020): 379–429. http://dx.doi.org/10.5937/gakv92-28020.
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This paper shows the diverging tendencies in the understanding of the arbitration clause contained in the general terms conditions of business transactions (GT&CBT) in (international) commercial law and consumer protection law. The results show that inverse logic is currently used regarding the issue of bringing attention to the arbitration clause contained in a GT&CBT and the necessity for such an arbitration agreement to be contained in a separate and personally signed document. International commercial arbitration, encompassing both legal dogma and arbitration and court praxis, has shown a tendency towards a more liberal and flexible understanding of the written form in the past several decades, in terms of the validity of the arbitration clause contained in a GT&CBT referred to in an underlying substantive contract. By contrast, in consumer protection law, there is a tendency for the arbitration clause contained in a GT&CBT, which has not been brought to attention, to be considered a null and void provision. Namely, it is required for the arbitration clause to be contained in a separate document signed by both parties. This points to the conclusion that special attention should be paid to consumer disputes that are to be resolved by arbitration, while court and arbitration praxis in international commercial disputes lately records cases in which the court explicitly took the opposite position. Traders' claims stating that they were not aware that the GT&CBT contained an arbitration clause and that no attention was drawn to it are considered unfounded by the courts. Namely, the application of both GT&CBTs and arbitration in international trade are, nowadays, considered ordinary.
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Salam, Safrin. "ANALISIS PERJANJIAN KERJASAMA DAN POLA PERBANDINGAN PENYELESAIAN SENGKETADI LUAR PENGADILAN." Jurnal Hukum Volkgeist 2, no. 1 (March 13, 2019): 82–91. http://dx.doi.org/10.35326/volkgeist.v2i1.87.
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The contract or agreement is rapidly growing at this time as the consequence logical from the development cooperation business people business. Many business cooperation carried out by businessmen in the form of a contract or written agreement. The purpose of this research is to know and understand the legal analysis against the risks that arise in the agreement as well as to know the form of resolving disputes outside of the courts in the perspective of positive law and Islamic law. The type of research used in this study are normative legal research which in the use of research analysis Techniques used are qualitative techniques for which information unearthed through in-depth interviews and information search through the library, either from legislation, documents relating to the writing of this thesis so that what is in question in the study answered with a maximum. Results of the study showed that a cooperation agreement with Sejahtera Corporateand Adil Makmur potentially cause conflict so that it appears in the dispute between the parties resulting from any such agreement surfaced that there are risks such as risks language, the risk of disputes. To resolve this issue then there needs to be a model of dispute resolution that is ADR in particular using arbitration institutions while the Model dispute resolution outside of court according to ACT No. 30 of 1999 are mediation, arbitration, consilition, which chosen by the parties in accordance with applicable LAW while according to customary law, the dispute could be resolved through private, family, head of the indigenous organizational institution.
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Deliana, Evi. "Pengaturan Penyelesaian Sengketa Penanaman Modal dalam Peraturan Daerah Nomor 7 Tahun 2018 tentang Penanaman Modal Provinsi Riau." SASI 26, no. 1 (May 19, 2020): 20. http://dx.doi.org/10.47268/sasi.v26i1.208.
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Investment is any form of investment activity, both by domestic investors and foreign investors to do business in the territory of the Republic of Indonesia. Riau Province has issued Regional Regulation No. 7 of 2018 concerning Investment in Riau Province (PMPR). But there are weaknesses and disharmony with the higher regulation, the 2007 Investment Act. The research method used is normative legal research. The regulation in the PMPR regulation is still unclear, especially if there is an obligation to resolve disputes that occur between the government and foreign investors through national arbitration. Whereas in accordance with the 2007 Investment Act, dispute resolution between the government and foreign investors is carried out through international arbitration institutions based on the agreement of the parties.
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Kibrik, Andrej A. "Rethinking agreement: Cognition-to-form mapping." Cognitive Linguistics 30, no. 1 (February 25, 2019): 37–83. http://dx.doi.org/10.1515/cog-2017-0035.
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AbstractThe prevailing assumption is that anResearch underlying this study was conducted with support of the Russian Foundation for Basic Research grant #17-06-00460.agreement feature originates in one linguistic element, that is a controller, and is copied onto another one, a target. This form-to-form approach encounters massive difficulties when confronted with data, such as missing controllers or feature mismatches. A cognition-to-form mapping approach is proposed instead, suggesting that agreement features, such as person, number, and gender, are associated with referents in the cognitive representation. They serve to specify referents on either notional or conventional grounds, and are thus referential features. Referential features are mapped onto various sites in linguistic structure, including inflections. Parallel agreement between various sites is observed, as a side effect of mappings from the same cognitive source. Languages differ in which and how many sites for marking referential features they require. Analysis of Russian evidence suggests that the cognition-to-form mapping approach has a much greater explanatory force than the traditional form-to-form approach. There are only peripheral classes of instances in which form-to-form agreement may be needed as a supplementary factor. In general, the roots of agreement lie in cognitively motivated discourse processes associated with reference.
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Sandrawati, Erna, Mahmul Siregar, and Isnaini Isnaini. "Perlindungan Hukum terhadap Investor dalam Perjanjian Jual Beli Saham Dengan Hak Membeli Kembali (Repurchase Agreement) Yang Diperjualbelikan PT. OSO Securities Cabang Medan." ARBITER: Jurnal Ilmiah Magister Hukum 1, no. 2 (October 2, 2019): 109–16. http://dx.doi.org/10.31289/arbiter.v1i2.113.
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The purpose of this study is to find out how the position of the agreement in the sale and purchase of shares with repurchase rights (REPO) in law in Indonesia, whether the sale and purchase agreement of shares with repurchase rights (REPO) has protected the interests of investors, as well as how the settlement of disputes in the sale and purchase agreement shares with repurchase rights (REPO) between issuers and investors by PT. OSO Medan Branch Securities. The method in this research is a normative juridical legal method with qualitative analysis. From the results of the study, it was found that the sale and purchase agreement of shares brokered by PT. OSO Sekuritas is a form of agreement or contract which must comply with the provisions in the Civil Code in general and specifically must comply with the laws and regulations relating to REPO. In the share sale and purchase agreement brokered by PT. OSO Sekuritas has provided legal certainty and protection to investors because in the agreement clause the form of protection has been explained. Settlement of disputes that occur between the parties in the REPO share-purchase agreement brokered by PT. OSO Sekuritas, contained in the agreement clause, which is an agreement for mediation and deliberation as well as resolving issues through the capital market arbitration body, if deliberation is not reached.
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Marceddu, Maria Laura, and Pietro Ortolani. "What Is Wrong with Investment Arbitration? Evidence from a Set of Behavioural Experiments." European Journal of International Law 31, no. 2 (September 2020): 405–28. http://dx.doi.org/10.1093/ejil/chaa029.
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Abstract Investment arbitration has attracted growing criticism both in academia and in the general political debate. The system has been criticized by groups and stakeholders with very different agendas – from academics to anti-globalization activists, from alt-right groups to policy-makers. While sharing a common aversion to such dispute resolution mechanism, these groups do not generally take the same viewpoints, and the same type of criticism could originate from different political and theoretical underpinnings. The current efforts to reform investor-state dispute settlement, undertaken both by the European Union and by the United Nations Commission on International Trade Law, constitute to a large extent an attempt to respond to the aforementioned public criticism. However, in spite of the growing importance of the topic in the public debate, reform discussions have been predominantly, if not exclusively, focused on states and their roles in, and their expectations towards, investment arbitration. Public opinion, conversely, remains largely overlooked. To fill this gap, this research devises an experimental approach to understand the roots of public criticism(s) against investment arbitration. In so doing, it aims to generate a constructive, timely and accessible empirical analysis of the theoretical underpinnings of ISDS criticisms, providing an integrated guide to one of the most heated debates in international economic law today. The main purpose is to understand which are the points of friction (real or perceived) that trigger public criticism against investment arbitration and, in the light of this information, whether this dispute resolution mechanism should be maintained in its current form, partially reformed or rejected entirely. To this end, the article presents the results of the first-ever set of behavioural experiments concerning ISDS and public opinion.
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Schill, Stephan W. "System-Building in Investment Treaty Arbitration and Lawmaking." German Law Journal 12, no. 5 (May 1, 2011): 1083–110. http://dx.doi.org/10.1017/s2071832200017235.
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Since the late 1990s investment treaty arbitration has developed into one of the most vibrant fields of international dispute settlement with now almost 400 known cases. It involves claims by foreign investors against host States for breach of obligations assumed under one of the more than 2700 bilateral investment treaties (BITs), under the numerous investment chapters in bilateral or regional free trade agreements, including the North American Free Trade Agreement, or under sectoral treaties such as the Energy Charter Treaty. All of these instruments offer comprehensive protection to foreign investors by setting down principles of substantive investment protection, including national and most-favored-nation treatment, fair and equitable treatment, full protection and security, protection against expropriation without compensation, and free capital transfer. They also allow investors to enforce these standards in arbitral proceedings directly against the host State, most commonly under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). Investment treaty arbitration thereby not only empowers foreign investors under international law, but also introduces investment treaty tribunals as novel actors into the arena of international investment law. Although arbitration has been a classic form of dispute settlement on the State-to-State level, including for the settlement of investment-related disputes, modern investment treaty tribunals have wider jurisdiction and are more removed from State control than any of their predecessors.
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Vadi, Valentina S. "Trade, Investment and Risk." European Journal of Risk Regulation 2, no. 4 (December 2011): 586–90. http://dx.doi.org/10.1017/s1867299x00001665.
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Since the North American Free Trade Agreement (hereinafter NAFTA) was successfully negotiated in 1993, the provisions for investor-state arbitration under its Chapter 11 have put pressure on the regulatory spaces of the State Parties. Under Chapter 11, any investor alleging a breach of the treaty norms by a host State can file an arbitration claim. This diagonal dispute settlement mechanism has determined a growing stream of arbitrations, focusing inter alia on the interplay between the regulation of toxic chemicals by the host State and the substantive provisions of Chapter 11. The arbitration claims filed by investors against host States regarding the regulation of toxic chemicals by the latter include those related to the adoption of discriminatory policies, the expropriation of investments and the violation of the fair and equitable standard (FET). In a nutshell, the question is how to reconcile environmental protection with the promotion of foreign direct investment (FDI). Can the host State adopt precautionary policies? To what extent can and should policy influence risk regulation? Should investors be compensated if their toxic chemicals are banned from the market? Which standard of review should arbitral tribunals adopt to assess scientific evidence? This note explores all of these issues through an analysis of the Chemtura award.
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Enger, Hans-Olav, and Greville G. Corbett. "Definiteness, Gender, and Hybrids: Evidence from Norwegian Dialects." Journal of Germanic Linguistics 24, no. 4 (November 19, 2012): 287–324. http://dx.doi.org/10.1017/s1470542712000098.
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In some Norwegian dialects, such as older Oslo dialect, the noun mamma ‘mother’ unexpectedly appears to be masculine. The Nordreisa dialect (Northern Norwegian) goes one step further. The word looks like it is masculine, but only in the definite form. This is an unusual “split” because gender mixture is normally based on number, not definiteness (but we find some few corroborative examples in other Norwegian dialects and different, but converging evidence on the Web). The Nordreisa example of mamma is unusual also because agreement targets are affected differently. The preference is for masculine agreement within the noun phrase, but for feminine agreement outside it. This is, therefore, an intriguing example since it combines a split based on definiteness with different gender require-ments according to different agreement targets. On careful analysis, and given strict adherence to the classical, agreement-based definition of gender, the unusual behavior of mamma turns out to conform to the Agreement Hierarchy.*
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Weinberg, Bradley R. "The Hangover: The Lasting Impact of Early Conflict on the Duration of Bargaining Relationships." ILR Review 71, no. 3 (September 14, 2017): 625–46. http://dx.doi.org/10.1177/0019793917732970.
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Although studies have shown that employer opposition negatively affects the likelihood of success at the certification and first-contract stages, there is little to no indication of what the long-term impact of such opposition might be for relationships that successfully conclude a first agreement. Using survival analysis on nearly three decades of data from Ontario, this article investigates whether relationships that experience early conflict encounter a “hangover”—a heightened likelihood of dissolution—that extends into the representation phase of the process, meaning beyond the settlement of the first agreement. Using unfair labor practice charges and first contract arbitration applications as proxies for conflict, the author finds evidence of a hangover for relationships that exhibit a turbulent start. Further, findings suggest that relationships that experience this early conflict also have a higher likelihood of dissolution throughout the entire relationship.
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KAZIKHANOVA, S. S. "ON THE NATURE OF RELATIONSHIPS FOR RECONCILIATION AND THE DESIRABILITY OF THEIR REGULATION IN CIVIL PROCEDURAL CODES." Herald of Civil Procedure 11, no. 3 (August 30, 2021): 109–31. http://dx.doi.org/10.24031/2226-0781-2021-11-3-109-131.
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The article analyzes the changes made to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative Code of the Russian Federation by the Federal Law of 26 July 2019 No. 197-FZ, related to the regulation of conciliation procedures. The question is raised as to whether the civil procedural codes should regulate relations on reconciliation and to what extent. Agreement is expressed with those authors who believe that, by their nature, the relations that develop in conciliation procedures between its participants (including in cases where the conciliation procedure is directed by a judge) are not procedural and are not part of the subject of civil procedural law. The non-procedural nature of the relationship between the judicial conciliator and the court in the procedure of judicial conciliation under the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative code of the Russian Federation is substantiated. It is concluded that due to the qualitatively different nature of reconciliation relations from civil procedural relations, as well as their lack of connection with the resolution of a civil case in a certain system of guarantees (civil procedural form), there is no place for articles on individual conciliation procedures among procedural norms. In this regard, it is proposed to either exclude them, or, as an option, transfer them to the appendix to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Administrative code of the Russian Federation (just as in the Civil Procedure Code of 1964 there was an appendix, in particular, about the arbitration court).
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HUTH, PAUL K., SARAH E. CROCO, and BENJAMIN J. APPEL. "Does International Law Promote the Peaceful Settlement of International Disputes? Evidence from the Study of Territorial Conflicts since 1945." American Political Science Review 105, no. 2 (April 27, 2011): 415–36. http://dx.doi.org/10.1017/s0003055411000062.
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In this article, we explain the role of international law in the resolution of territorial disputes from 1945 to 2000. In doing so, we focus on three outcomes of interest. First, when do states choose to revise the territorial status quo through negotiations instead of force? Second, when are states able to reach a final settlement? Third, when do states prefer a process of legal dispute resolution (i.e., adjudication or arbitration) to bilateral negotiations? To answer these questions, we argue that when the legal principles relevant to the dispute are unambiguous and clearly favor one side, a law-based focal point will emerge. This focal point, in turn, facilitates the settlement process by helping leaders overcome distribution problems, a central obstacle in reaching a final agreement. We find strong and consistent empirical support for our hypotheses regarding international law and peaceful dispute resolution.
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Nikitashina, N. A., and K. V. Maryasov. "Electronic Evidence in the Civilistic Process." Siberian Law Herald 1 (2021): 74–79. http://dx.doi.org/10.26516/2071-8136.2021.1.74.
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The current civil procedure legislation refers to information obtained from electronic sources of information as written evidence. At the same time, electronic evidence is not an independent means of proof. The purpose of this article is to study the possibility and necessity of allocating electronic evidence as independent means of proof. The traditional approach to understanding the electronic document is based on the participation of the person in the information interaction as the author of the document and its performer. At the same time, the electronic document is characterized by its (special) properties related to its creation, change, preservation. In addition, the authors draw attention to the existence of electronic documents that do not have a human-readable form but create, modify or terminate rights and obligations. The study also points to the possibility of self-participation of computer tools in information interaction. In the article, the authors propose to distinguish electronic evidence as an independent means of proof, and also justify the theoretical and practical necessity of this approach to the legal regulation of the procedure of proof in civil and arbitration proceedings (research, recording, evaluation of evidence from electronic sources).
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Kenedy, Gigih Bella Wicaksono, and Lathifah Hanim. "Act Making Mechanisms Sale And Purchase Agreement (SPA) Public By Authentic As Evidence In The Process Of Transition Of Land." Jurnal Akta 7, no. 1 (May 15, 2020): 69. http://dx.doi.org/10.30659/akta.v7i1.7880.
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SPA is a preliminary agreement on the sale and purchase agreement whose existence is recognized by Law No 1 of 2011 on Housing and Settlement (as lex), an agreement of this kind can be allocated to the object of the agreement in the form of fixed objects. The journal aims to determine: 1) Mechanism Creation Act Sale and Purchase Agreement (SPA) by the Public in the process of transfer of rights on the ground. 2) As a result of the Law of Sale and Purchase Agreement (SPA) as an Agreement.The method of this journal Sociological Juridical approach. Data were collected from literature research and field research. Data collection tool is the study of literature and interviews. Data was analyzed using qualitative approach by using inductive-deductive logic thinking.The results showed that: 1) Making mechanism Sale and Purchase Agreement (SPA) by the Public in the transition process of land rights by submitting the data themselves form: ID, KK, Certificate etc. From the data obtained all the documents submitted Copied accordance with the original, which will be attached to the Minutes of Deed Sale and Purchase Agreement (SPA) 2) The legal consequences of the Sale and Purchase Agreement (SPA) as a preliminary agreement (voor overeenkomst) is binding on the party who made it, where the parties both sellers and prospective buyers agreed to purchase land and buildings.Keywords: Transition on Land; Sale; SPA.
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Hetharie, Yosia. "Default in Sea Transportation Agreement." Law Research Review Quarterly 6, no. 2 (May 16, 2020): 181–84. http://dx.doi.org/10.15294/lrrq.v6i2.37900.
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Transportation has a very important role in facilitating the mobilization of goods and or people at home and abroad, one of which is by sea. However, in its implementation for agreements to transport people (passengers) by sea, it often creates problems where passengers as consumers who use sea transportation services do not get their right to a seat even though they have bought a boat ticket according to the ticket price determined by the sea transportation company. The carrier action can be categorized as a default. Default (broken promise or negligence) is the failure to fulfill the performance of one of the parties as specified in the agreement. One form of default in the transportation agreement occurs when the carrier does not carry out his obligations to the passenger according to the evidence of the agreement in the form of a ticket that is sold to the passenger, which results in the passenger experiencing a loss by not feeling comfort and safety on the ship. Therefore, the carrier is fully responsible for losses suffered by passengers.
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Erschler, David. "Against the universal phasehood of nP: Evidence from the morphosyntax of book titles." Proceedings of the Linguistic Society of America 3, no. 1 (March 3, 2018): 21. http://dx.doi.org/10.3765/plsa.v3i1.4304.
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Languages vary as to whether DPs used as book titles (such as Alice in Wonderland, Harry Potter and the Philosopher’s Stone, etc.) can be assigned case and trigger agreement. In languages where they do participate in case and agreement relations, book (and movie) titles form a subsystem with very peculiar properties. I argue that when used as a title, any XP gets embedded in a new nP which projects a DP. Phasehood properties of nPs vary across languages, which leads to the variation in the agreement properties of book titles. However, even in languages that normally require lexical DP titles to trigger agreement and be assigned case, personal pronouns and other functional are exempt from this. I argue that this is related to the fact that participation in case assignment and agreement makes the index and the phi-features of a pronoun visible on the LF thus creating an interpretational conflict.
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Al Faruq, Umar, and Akhmad Khisni. "Authority to Cancel The Judge Agreement as Evidence of Cancellation of Grants Authentic Act and Sale Agreement." Jurnal Akta 5, no. 3 (September 17, 2018): 617. http://dx.doi.org/10.30659/akta.v5i3.3180.
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This study aimed to analyze the authority of the judge, analyze the civil law, and to determine the factors that are considered by the judge in dismissing the notarial agreement as authentic evidence regarding the cancellation of the grant agreement and the agreement of sale. Authentic agreement is a legal cover, which had a value of legal certainty and the strength of evidence that is perfect for the parties to make. The existence of an authentic agreement due to provisions. legislation that would require such evidence to certain legal acts of the parties calls for certain legal actions embodied in the form of an authentic agreement. As for the issues that arises is how power law Notary agreement as evidence and what criteria which determine the handicap of a notarial agreement so that it can be canceled by the court. This research is research Empirical research juridical or legal research library (library research). Data were analyzed using qualitative research, is sorting and preparation of data classification, editing data and coding data for building performance analysis data, conduct data analysis in accordance with the construction of the discussion of the research results.Keywords: Judge Authority; A Notary; The Authentic Act Of Cancellation; The Grant Agreement; Sale Agreement.
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Foltz, Carol, Jennifer Q. Morse, Naomi Calvo, and Jacques P. Barber. "Self- and Observer Ratings on the NEO-FFI in Couples: Initial Evidence of the Psychometric Properties of an Observer Form." Assessment 4, no. 3 (September 1997): 287–95. http://dx.doi.org/10.1177/107319119700400308.
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The present study investigated the psychometric properties of the NEO Five-Factor Inventory (NEO-FFI) Observer form of the five-factor model of personality by examining agreement between self- and observer ratings. Both partners of 49 young, adult couples rated themselves and their partners on the NEO-FFI. The results provide preliminary evidence of the measurement utility of the NEO-FFI Observer form. Specifically, (a) each personality scale possessed acceptable levels of internal reliability, (b) five factors consistent with the five-factor model of personality emerged in both ratings forms, and (c) there was significant self-observer agreement for all five personality scales. Self-observer agreement was assessed by correlations as well as analyses that test a more stringent definition of agreement. Overall, there is consensus across analyses that points to a substantial amount of concordance between partners' self- and observer ratings.
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Woolford, Ellen. "More on the Anaphor Agreement Effect." Linguistic Inquiry 30, no. 2 (April 1999): 257–87. http://dx.doi.org/10.1162/002438999554057.
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This article provides additional evidence for the universality of Rizzi's (1990) anaphor agreement effect, under which the ungrammaticality of nominative anaphors in English, Italian, and Icelandic is due to the presence of agreement. Languages without agreement are shown to allow nominative anaphors. Objective anaphors cannot be associated with agreement, unless the agreement is a special anaphoric form. Superficial counterexamples to Rizzi's proposal are shown not to be problematic. The relative merits of two formal accounts outlined by Rizzi (1990) are discussed. Finally, it is suggested that the anaphor agreement effect can be a diagnostic for the presence of covert agreement.
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Chvankin, S. A. "The use of electronic evidence in civil cases, arising from loan agreements, concluded in electronic form." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 165–70. http://dx.doi.org/10.24144/2307-3322.2021.63.29.
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This scientific article based on the analysis of case law, examines the theoretical and practical aspects of the use of electronic evidence in cases arising from loan agreements concluded in electronic form. Emphasis is placed on process of judicial proving in the most common categories of cases in judicial practice: in civil cases of debt collection under a loan agreement and cases on recognition of such agreements as invalid or unconcluded.
The range of legally significant circumstances that are included in the subject of proof in cases of debt collection under a loan agreement is determined. The range of court evidence used in judicial practice to prove to the court the presence or absence of the circumstances of the subject of evidence in these cases is outlined.
There is a relationship between the facts of the subject of proof, and the need to study and evaluate court evidence that confirms the fact of concluding a loan agreement only in conjunction with evidence that confirms the transfer of funds to the borrower. It is proved that the fact of concluding a loan agreement cannot be established by a court without establishing the fact of transferring funds to the borrower.
There is a contradiction between the provisions of the Law of Ukraine «On Electronic Commerce» and the provisions of the Civil Procedure Code of Ukraine on the classification of evidence submitted in electronic form and/or in the form of paper copies of electronic communications related to electronic transactions, written or electronic evidence, and a method for resolving this contradiction is proposed.
It is emphasized the importance for the court to pay special attention to the means of identification of the parties to the electronic transaction to determine the appropriate parties in resolving cases arising from loan agreements concluded through information and telecommunications systems. The conclusion is made about the possibility of procedural complicity on the part of the defendant if in the course of the trial was established that the loan was issued to one person, and the funds under the contract were transferred by the financial institution to another person's bank account.
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Allee, Todd, and Clint Peinhardt. "Evaluating Three Explanations for the Design of Bilateral Investment Treaties." World Politics 66, no. 1 (December 29, 2013): 47–87. http://dx.doi.org/10.1017/s0043887113000324.
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Although many features of bilateral investment treaties (BITs) are consistent from one agreement to the next, a closer look reveals that the treaties exhibit considerable variation in terms of their enforcement provisions, which legal scholars have singled out as the central component of the treaties. An original data set is compiled that captures three important treaty-design differences: whether the parties consent in advance to international arbitration, whether they allow treaty obligations to be enforced before an institutionalized arbitration body, and how many arbitration options are specified for enforcement. Drawing upon several relevant literatures on international institutions, three potentially generalizable explanations for this important treaty variation are articulated and tested. The strongest support is found for the theoretical perspective that emphasizes the bargaining power and preferences of capital-exporting states, which use the treaties to codify strong, credible investor protections in all their treaties. Empirical tests consistently reveal that treaties contain strong enforcement provisions—in which the parties preconsent to multiple, often institutionalized arbitration options—when the capital-exporting treaty partner has considerable bargaining power and contains domestic actors that prefer such arrangements, such as large multinational corporations or right-wing governments. In contrast, there is no evidence to support the popular hands-tying explanation, which predicts that investment-seeking states with the most severe credibility problems, due to poor reputations or weak domestic institutions, will bind themselves to treaties with stronger investment protections. likewise, little support is found for explanations derived from the project on the rational design of international institutions, which discounts the identities and preferences of the treaty partners and instead emphasizes the structural conditions they jointly face. In sum, this foundational study of differences across investment treaties suggests that the design of treaties is driven by powerful states, which include elements in the treaties that serve their interests, regardless of the treaty partner or the current strategic setting.
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Mustaffa, Nur Emma, Hamizah Liyana Tajul Ariffin, Norazam Othman, and Shahida Shaima Shamsudin. "Application of direct payment clause 30A.0 of the Asian International Arbitration Centre (AIAC) Standard Form of Contract (with quantities)." International Journal of Built Environment and Sustainability 6, no. 1 (January 6, 2019): 44–50. http://dx.doi.org/10.11113/ijbes.v6.n1.329.
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Conditional payment such as “pay when paid” or “pay if paid” can create negative chain effect on the parties in construction projects, resulting in delay on the completion of a project, adversarialism and may affect a contractor’s reputation. Asian International Arbitration Centre (AIAC) has launched a standard form of contract which is Construction Industry Payment Adjudication Act (CIPAA) compliance with the aim to reduce payment issues. The aim of the research is to identify whether the clause for “direct payment under CIPAA 2012” of the new AIAC standard form of contract can facilitate problems in direct payment. In achieving the aim of the research, five legal cases were analysed and thirty questionnaires forms were distributed. Legal cases analysis findings highlighted that the major reasons of the direct payment issue being referred to court is due to the validity of the direct payment agreement between the disputant’s parties. Based on the cases heard before CIPAA enactment, the findings show that out of the three cases, the disputants went to litigation because of the legality of direct payment agreements. Most of the agreements were made orally. For cases analysed after CIPAA was enacted, the findings show that the disputant parties do not opt for adjudication and that the main contractors try to mitigate their responsibilities to the employer. The results from the questionnaires distributed established that, the direct payment clause could be successfully adopted for future use of the industry. Eventhough the AIAC standard form of contract has been formally introduced to the industry, but it is not widely used. From the findings of the questionnaire, it shows that with encouragement and support from the industry, direct payment clause of AIAC standard form of contract have the potential in reducing payment issues in the future. With the remodeling of standard form of contracts that are available in construction industry to be CIPAA compliance , it is hoped that this move may scale down the prevalent payment issues in Malaysian construction industry.
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Marbun, Weriyus Heston. "Analisis Yuridis Perlindungan Hukum Perjanjian Dibawah Tangan Berdasarkan Putusan Pengadilan No.161/pdt.g/2011/pn-mdn. (Studi Kasus PT Merim Property dan Cv Rira Karya)." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 20, no. 1 (December 3, 2020): 92–104. http://dx.doi.org/10.30743/jhk.v20i1.3335.
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Legal protection for every Indonesian citizens without exception can be found in the 1945 Constitution of the Republic of Indonesia (1945 Constitution), therefore every product produced by the legislature must always be able to provide guarantees of legal protection for all people, even they must be able to capture legal and justice aspirations that develop in society. In the Civil Code article 1233 states, "that an alliance can be formed because of agreement or law". One form of the agreement is an agreement under the hands in the form of contract work agreement. The results of the case study of PT Merim Property and CV Rira Karya can be seen the weakness of an agreement under the hands, where CV Rira Karya as the plaintiff must have concrete evidence to prove the loss that they experienced in accordance with the agreement under the hands that they agreed upon, where such evidence cannot be given CV Rira Karya so that his lawsuit was rejected by the panel of judges. The legal consequences arising related to the use of an agreement under the hands in the event of a default are that the debtor is required to pay compensation, the creditor may request the cancellation of the agreement through the court and the creditor can request the fulfillment of the agreement, or fulfillment of the agreement accompanied by compensation and cancellation of the agreement with compensation. Keywords: Analysis, Legal Protection, Agreement, Under the Hands
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BOWN, CHAD P., and RACHEL McCULLOCH. "Nondiscrimination and the WTO Agreement on Safeguards." World Trade Review 2, no. 3 (November 2003): 327–48. http://dx.doi.org/10.1017/s1474745604001491.
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Most-favored-nation treatment, i.e., nondiscrimination among trading partners, is a fundamental principle of the GATT/WTO system. The WTO Agreement on Safeguards has thus been seen as encouraging use of a preferred form of contingent protection relative to antidumping and other inherently discriminatory measures. In practice, however, safeguard protection may also incorporate discriminatory elements. This paper focuses on three ways that policies conforming to the Agreement on Safeguards may nonetheless discriminate explicitly or implicitly among trading partners. First, the form of the safeguard policy matters: quantitative restrictions discriminate among foreign suppliers by preserving historical market shares more than a safeguard implemented as a tariff. Second, safeguard measures discriminate against faster-growing exporters and new entrants in import markets. Third, formal exemptions for partners in preferential trade agreements and for small developing-country suppliers allow these countries to gain market share at the expense of non-exempted exporters. We provide evidence of these discriminatory effects in actual cases of safeguard protection.
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Walker, James A. "“There’s bears back there”." English World-Wide 28, no. 2 (May 11, 2007): 147–66. http://dx.doi.org/10.1075/eww.28.2.03wal.
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This paper uses a multivariate analysis of variable agreement in existentials with plural reference in a corpus of Quebec English to determine the status of variable agreement as a vernacular universal. Excluding the frequent invariant form there’s from analysis, both structural and processing considerations are shown to operate. A separate multivariate analysis provides support for the hypothesis that there’s is a lexicalized form with its own set of constraints. Cross-variety comparison reveals little evidence of regional diversification and suggests instead that differences observed between studies reflect the distribution of data in each corpus. Similarities of language-internal constraints across studies provide support for variable agreement as a vernacular universal.
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Purba, Ardiansyah Purba, Jelly Leviza, and Taufik Siregar. "Analisis Yuridis Perjanjian Co-Branding Gas Teknologi Map Antara Pt.Rinder Energia Consulting dengan PT. Pertamina Indonesia." ARBITER: Jurnal Ilmiah Magister Hukum 2, no. 2 (September 13, 2020): 123–31. http://dx.doi.org/10.31289/arbiter.v2i2.128.
Full textAbstract:
Along the development of the era of PT Pertamina it is deemed necessary to have business partners, especially oil and gas consultant company, PT Rinder Energia. It is expected that this business partner will have a positive impact for both parties, especially PT Pertamina as BUMN. One of the products that will be agreed by both parties is map map. This map map is a cutting-edge tool that will help PT Pertamina in exploring and producing better oil and gas. The formulation of the issues to be raised is how the rights and obligations of the parties in the contract of sale and purchase map map between PT Rinder Energia with PT Pertamina, whether the contract of sale and purchase map map is in accordance with the principles of contract law in Indonesia and how the form of dispute settlement In a contract between PT Rinder Energia and PT Pertamina Indonesia. The purpose and benefit of this research is to know the form of rights and obligations of the parties in the contract of sale and purchase map map between PT Rinder Energia with PT Pertamina. To find out the form of dispute settlement in contract between PT Rinder Energia and PT Pertamina Indonesia. The results of this study may be additional refrentions for students, lecturers, or readers interested in Civil Law, in particular Contract Law. This type of research is normative juridical that describes the review and explain and analyze normative provisions associated with the contents of the contract or agreement between PT. Rinder Energia with PT. Pertamina Indonesia in buying and selling map map. The research undertaken aims to examine the rules contained in a contract that has been agreed upon by both parties in accordance with applicable legislation. The implementation of the sale and purchase agreement in the form of a map between PT.RINDER ENERGIA and PT.PERTAMINA is basically an agreement born from the principle of freedom of contract. If one party makes a sale in the form of a map between PT.Rinder Energia and PT.Pertamina Indonesia then the dispute must be submitted to the arbitration tribunal in accordance with the provisions of BANI.
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King, Ruth. "Subject-verb agreement in Newfoundland French." Language Variation and Change 6, no. 3 (October 1994): 239–53. http://dx.doi.org/10.1017/s0954394500001678.
Full textAbstract:
ABSTRACTIn Newfoundland French the verb does not agree in number with a plural subject in one particular construction–subject relative clauses–but rather displays default singular marking. Agreement is made with the subject relative pronoun, which does not have a morphological feature for number associated with it. This absence of a number feature results in a form consistently spelled out as homophonous with the third-person singular. Gender agreement transmitted in subject relatives containing a predicate adjective is evidence that number marking is at issue, not agreement in general. An exception to this pattern is the (variable) marking of plural agreement in the il y en a construction, explained in terms that are independent from the analysis of the default singular. Newfoundland French agreement is then compared with data from other French varieties, and the approach taken in this study is compared with those of other studies of grammatical variation.
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Rowe, Samantha J., and Nelson Goh. "Resolving Perceived Norm Conflict through Principles of Treaty Interpretation: The January 2019 EU Member States’ Declarations." European Investment Law and Arbitration Review Online 5, no. 1 (December 11, 2020): 167–95. http://dx.doi.org/10.1163/24689017_007.
Full textAbstract:
In January 2019, EU Member States issued three declarations concerning the “consequences of Achmea” which stated that all claims under intra- EU BIT S were contrary to the EU legal order, and that tribunals presiding over such claims have no jurisdiction as there is no valid consent to arbitrate. The declaration signed by a majority of EU Member States (“Majority Declaration”) extended this proposition to intra- EU claims under the Energy Charter Treaty. Following this, a number of EU Member States have sought to argue that the Majority Declaration is a subsequent agreement between the States Parties to intra- EU investment treaties—or evidence of a subsequent practice establishing their agreement—that the dispute resolution provisions in those treaties must be interpreted to exclude intra- EU disputes from their scope and thus from the jurisdiction of tribunals constituted thereunder, relying on Article 31(3)(a) and (b) of the Vienna Convention on the Law of Treaties (“VCLT”). This paper considers: (i) the key cases in which the Majority Declaration has been invoked to contest jurisdiction in, or seek the termination of, intra- EU arbitration proceedings; (ii) the application of Article 31(3)(a) and (b) of the VCLT; and (iii) other fundamental tenets and rules of international law discussed in relation to those cases.