Academic literature on the topic 'International arbitration'

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Journal articles on the topic "International arbitration"

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Kecskés, László. "In Memory of Professor Dr Iván Szász." Journal of International Arbitration 29, Issue 3 (2012): 355–58. http://dx.doi.org/10.54648/joia2012022.

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The very sad apropos of the present article is the untimely death of Professor Dr Iván Szász, the best-known Hungarian arbitrator in the family of international commercial arbitration, at the beginning of this year. There are many arbitrator colleagues throughout the world who knew him from international arbitrations and conferences, and admitted his talent and exceptional skills both as a practitioner arbitrator and as the leading official of the International Council for Commercial Arbitration ICCA over many years. This article aims to pay tribute to him whose passing is a great loss not onl
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Chung, Yongkyun, and Hong-Youl Ha. "Arbitrator acceptability in international commercial arbitration." International Journal of Conflict Management 27, no. 3 (2016): 379–97. http://dx.doi.org/10.1108/ijcma-07-2015-0046.

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Purpose The purpose of this paper is to identify the determinants of arbitrator acceptability and investigate whether the perceived costs of arbitration moderate the relationship between arbitrator acceptability and arbitrator characteristics in international commercial arbitration. Design/methodology/approach A two-stage analytic process is used to test the dimensionality, reliability and validity of each construct and then the proposed hypotheses. Findings The findings show that the five constructs of arbitrator characteristics – reputation, practical expertise, legal expertise, experience a
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Ms. Charu Shahi, Dr Sachin Rastogi,. "THE CONCEPT OF INSTITUTIONAL ARBITRATION – NEED FOR THE HOUR." Psychology and Education Journal 58, no. 2 (2021): 6601–9. http://dx.doi.org/10.17762/pae.v58i2.3194.

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The Indian lawmakers have an agenda to promote India as an Arbitration hub for solving disputes, thus, they brought about certain changes to the Arbitration and Conciliation Act, 1996 by way of an amendment namely, the Arbitration and Conciliation (Amendment) Act, 2015 (“2015 Amendments”) which aimed at achieving this goal by facilitating speedy and efficacious resolution of disputes through arbitration. It is widely accepted that India prefers ad hoc arbitration over institutional arbitration. Though various arbitral institutions have been set up in India, especially in the last five years, a
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Whalen, Thomas J. "Arbitration of International Cargo Claims." Air and Space Law 34, Issue 6 (2009): 417–20. http://dx.doi.org/10.54648/aila2009038.

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Airlines have customarily not provided for arbitration in their cargo contracts of carriage (air waybill). The author explains the advantages of the arbitration of such claims (reducing legal costs, simplified procedure, relaxed evidence rules, an arbitrator knowledgeable about the Warsaw and Montreal Conventions and the industry, finality) and its disadvantages (significant arbitrator fees, limited appeal ability, no precedential value for future guidance.) The author argues that, overall, the arbitration of international air cargo claims before a single knowledgeable arbitrator will benefit
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Rosenberg, Charles B. "Challenging Arbitrators in Investment Treaty Arbitrations — A Comparative Law Approach." Journal of International Arbitration 27, Issue 5 (2010): 505–17. http://dx.doi.org/10.54648/joia2010028.

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There has been a recent uptick in challenges to arbitrators in investment treaty arbitrations. When negotiating an arbitration agreement and/or selecting a forum to commence international arbitration, challenge procedures and the applicable standards should be taken into consideration to preserve potential strategic advantages. This article undertakes a comparative law analysis of the various standards for challenging an arbitrator and then examines some of these recent decisions.
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Mimoso, Maria Joao. "The myth of absence of lex fori towards the international arbitrator." New Trends and Issues Proceedings on Humanities and Social Sciences 3, no. 4 (2017): 241–48. http://dx.doi.org/10.18844/prosoc.v3i4.1578.

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The national and foreign doctrines uphold the absence of lex fori for the international arbitrator since the origin of the international arbitration. Our goal is to emphasize the demand of electing a lex fori for the international arbitrator for as much there is a collection of issues concerning the intervention of the State Courts in the role of arbitration support. The lex fori, that is supposed to inquire, will assist the arbitrator in determining the applicable law to the dignity of the dispute, and will regulate, undoubtedly, the litigation issues of arbitration. Based on the predominatel
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Reilly, Louise. "Harmonisation of Irish Arbitration Law: Arbitration Act 2010." Journal of International Arbitration 28, Issue 2 (2011): 163–71. http://dx.doi.org/10.54648/joia2011014.

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On June 8, 2010, a new Arbitration Act came into force in the Republic of Ireland which abolished the distinction between domestic and international arbitration and incorporated the UNCITRAL Model Law on International Commercial Arbitration as the grounding piece of legislation for all arbitrations conducted in Ireland.
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Alhashemi, Azab Alaziz. "Importance of Qualitative Addition to the New Arbitration Rules in Settling International Disputes - Experience of the Kingdom of Bahrain International." Journal of Politics and Law 16, no. 1 (2022): 1. http://dx.doi.org/10.5539/jpl.v16n1p1.

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A complete set of procedural rules have been added in the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules and the parties agree on the application of arbitration procedures developed from this commercial relationship. These laws are widely used in arbitrations conducted by the institutions along with the ad hoc arbitrations. All the aspects of arbitration processes are covered by these rules such as setting out rules of procedure for appointing arbitrators, conducting arbitration proceedings, and modelling arbitration clause. The arbitration process also compr
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Kostytska, Maria, and Patrick Dunaud. "Declaratory Relief in International Arbitration." Journal of International Arbitration 29, Issue 1 (2012): 1–18. http://dx.doi.org/10.54648/joia2012001.

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This article explores the benefits, limitations, feasibility and legitimacy of declaratory remedies in international arbitration, focusing in particular on arbitrations involving sovereigns. Section 1 provides the background and discusses the advantages and limitations of declaratory relief in international arbitration. Section 2 discusses the sources of arbitral tribunals' authority to grant declaratory relief. Section 3 touches upon the basic prerequisite to granting declaratory relief in national and international legal systems. Section 4 analyses the arbitral practice of issuing declarator
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Li, Xinze. "Role of International Arbitration in Resolving International Disputes and Analysis of Examples." Lecture Notes in Education Psychology and Public Media 44, no. 1 (2024): 90–96. http://dx.doi.org/10.54254/2753-7048/44/20230085.

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The international community often uses international arbitration to resolve international disputes, and in arbitration, the parties often challenge the jurisdiction of the arbitration. This paper first discusses the three characteristics of international arbitration and four main types of international arbitration public organizations and then addresses the issues associated with the jurisdiction of international arbitration. In this part, it includes the definition as well as the scope of jurisdiction, and the factors considered in establishing it are mentioned, also the current problems of j
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Dissertations / Theses on the topic "International arbitration"

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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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MacKinnon, Ari D., Ignacio Zapiola, and Santiago Bravo. "Drafting international arbitration clauses." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123848.

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This article offers an academic and practical overview for the drafting of international arbitration clauses, from an international Latin American approach and with special emphasis on the energy and construction industries.The authors begin by analyzing the elements of the existence of the arbitral clause and putting forward certain fundamental and general cautionary notes. Then they go on to analyze key elements to include in an arbitral clause, the elements which inclusion is recommended, the elements that might be convenient to include, and others that is best to leave out. The article end
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Narancio, Victoria, and del Prado Fabio Núñez. "International Arbitration under debate." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/122726.

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Is the choice of the arbitral seat still an important decision in international arbitration? Should arbitral awards be subject to greater judicial scrutiny? Should the appeal be in international arbitration? Is it possible that an annulled arbitral award is recognized under the New York Convention? Should the New York Convention be amended to achieve CNY 2.0? Is investment arbitration a system that works? Are the criticisms of investment arbitration valid? In this interview, Gary Born responds to each of these questions by addressing many controversial current issues in international arbitrati
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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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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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Masood, Hossain Masood Masood Hossain. "International arbitration of petroleum disputes." Thesis, University of Aberdeen, 2004. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU185710.

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This thesis is concerned with the international arbitration of petroleum disputes arising within long term contractual relationships for the exploration, production and development of petroleum, between host countries and foreign oil companies. This relationship is inherently unstable since the underlying objectives of the two parties are not only different but are also, at times, conflicting. Host countries are interested in making use of foreign investment to develop their natural resources for the benefit of national economic progress, while foreign companies are generally profit-motivated
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Pasinato, Elena <1987&gt. "CINA E ARBITRATO INTERNAZIONALE: LA CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION." Master's Degree Thesis, Università Ca' Foscari Venezia, 2013. http://hdl.handle.net/10579/3927.

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L'arbitrato internazionale costituisce oggi il metodo alternativo di risoluzione delle controversie preferito nel contesto del commercio internazionale,grazie all'ampia autonomia lasciata alle parti coinvolte.Anche in Cina si è sviluppato l'uso di questo strumento per risolvere dispute con controparti straniere.L'istituzione arbitrale più conosciuta e utilizzata è la China International Economic and Trade Arbitration Commission (CIETAC).Quest'istituto è stato fondato nell'aprile del 1956 sotto il Consiglio Cinese per la promozione del commercio internazionale.Dopo una pausa durante la Rivoluzi
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Vafakish, Sistani Masoud. "International commercial arbitration and state contracts." Thesis, University of Edinburgh, 1998. http://hdl.handle.net/1842/27017.

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Whether international commercial arbitration is appropriate as a method of state contracts dispute settlement is the main question of this thesis. In the course of this study, it is noted that, as a growing method of private commercial disputes settlement, international commercial arbitration, in principle has developed against a private law background. A trend in the practice of such arbitrations points to a desire for an expansion of the powers of arbitrators and the subsequent reduction of the role of national laws in arbitration and its eventual elimination through the so-called 'transnati
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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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Books on the topic "International arbitration"

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1944-, Gottwald Peter, ed. Internationale Schiedsgerichtsbarkeit =: Arbitrage international = International arbitration. Gieseking-Verlag, 1997.

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Adler, Matthew H. International arbitration. Pennsylvania Bar Institute, 2010.

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Adler, Matthew H. International arbitration. Pennsylvania Bar Institute, 2012.

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Oehmke, Thomas H. International arbitration. Lawyers Cooperative Pub., 1990.

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Rubino-Sammartano, Mauro. International arbitration law. Kluwer Law and Taxation Publishers, 1990.

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Smit, Hans. International arbitration treaties. Juris Pub., 1998.

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Cordero-Moss, Giuditta, ed. International Commercial Arbitration. Cambridge University Press, 2013. http://dx.doi.org/10.1017/cbo9781139519779.

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Tesfay, Seyoum Yohannes. International Commercial Arbitration. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-66752-8.

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1954-, Hanessian Grant, Newman Lawrence W. 1935-, Dolenz-Extale Nicole, and Baker & McKenzie. International Dispute Resolution Practice Group., eds. International arbitration checklists. 2nd ed. JurisNet, 2009.

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Institute, Practising Law, ed. International arbitration 2010. Practising Law Institute, 2010.

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Book chapters on the topic "International arbitration"

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Tu, Guangjian. "International Arbitration." In Private International Law in China. Springer Singapore, 2015. http://dx.doi.org/10.1007/978-981-287-993-6_16.

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Dymond, Tony, and Raeesa Rawal. "International arbitration." In Architect’s Legal Handbook. Routledge, 2020. http://dx.doi.org/10.4324/9780429279546-30.

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Trakman, Leon, and Robert Walters. "International Arbitration." In Contemporary Issues in Finance and Insolvency Law. Routledge, 2022. http://dx.doi.org/10.4324/9781003312024-1.

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Walters, Robert. "International Arbitration." In Cybersecurity and Data Laws of the Commonwealth. Springer Nature Singapore, 2023. http://dx.doi.org/10.1007/978-981-99-3935-0_22.

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Walters, Robert. "International Arbitration." In Digital Finance Law. Routledge, 2025. https://doi.org/10.4324/9781003511687-6.

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Dymond, Tony, and Raeesa Rawal. "International arbitration." In Architect's Legal Handbook, 11th ed. Routledge, 2025. https://doi.org/10.4324/9781003507598-31.

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Carr, Indira, and Peter Stone. "Arbitration." In International Trade Law. Routledge, 2017. http://dx.doi.org/10.4324/9781315543970-24.

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Filipová, Martina, and Veronika Barková. "The Crime of Bending the Law From the Point of View of the Arbitrator... of the Court of Arbitration and Application Practice." In Cofola International 2021. Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-8639-2021-16.

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The article deals with the crime of bending the law of arbitrators of the Court of Arbitration in terms of particular features of the subject matter of this newly created crime in the Slovak legislation. The subjective nature of this crime raises the question of a possible collective offender, i.e., the Court of Arbitration consisting of various arbitrators whose conduct results in the collective award. It is also noteworthy to mention the objective side of this subject matter in case of arbitrators lacking law ba-ckground (even if they are experts in the given field). The aim of this paper is
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Andrews, Neil. "International Commercial Arbitration." In Ius Gentium: Comparative Perspectives on Law and Justice. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-74832-0_9.

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Bruner, Philip. "International Construction Arbitration." In International Construction Law. Informa Law from Routledge, 2024. http://dx.doi.org/10.4324/9781315671376-12.

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Conference papers on the topic "International arbitration"

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Pessôa-Lopes, I., Antonio Carlo, Ilenia Bruseghello, Catarina Trindade Baldaia, and Pedro Ataíde Hilário. "The Booming Global Space Market and the Demand for International Space Regulation-Arbitration Alignment." In 37th IAA Symposium on Space Policy, Regulations and Economics, Held at the 75th International Astronautical Congress (IAC 2024). International Astronautical Federation (IAF), 2024. https://doi.org/10.52202/078380-0055.

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Topaloğlu, Mustafa. "Arbitral Awards Under ISTAC Arbitration." In International Conference on Eurasian Economies. Eurasian Economists Association, 2021. http://dx.doi.org/10.36880/c13.02580.

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Arbitration is a well-established and widely used method of resolution of disputes outside the state courts. There are various arbitration centers around the world. The Istanbul Arbitration Centre ISTAC is an independent, neutral and impartial institution providing efficient dispute resolution services for both international and domestic parties. The arbitral awards rendered under ISTAC Arbitration Rules are subject to enforcement by officers just as court decisions. ISTAC arbitration proceeding is carried out by The Sole Arbitrator or Arbitral Tribunal which consist of President and other arb
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Sayın, Uğur. "International Commercial Arbitration Institutes." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00808.

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Because of exportation and importation of countries, the amount of commerce enlarged, therefore foreign agreements increased. Because of having differnet law systems of the contries the people, working on permanent investment and commerce wishes to have the suitable arbitration that they want.From this point of view, begining from the year 1898, It has been worked on to develop contraptions do international authorized commercial court’s duty. Then permanent arbitration council was established, Cenevre Convention, New York Convention was established, and the rules of international arbitration c
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Lu, Shiping, and Hongyan He. "The New Development of International Arbitration Law: Emergency Arbitrator System." In Proceedings of the 4th International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/iccessh-19.2019.419.

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Perera, M. D. Chavindri Chiranga. "Promoting Sri Lanka as a Seat of International Arbitration: Lessons to be Learnt from International Jurisdictions." In SLIIT INTERNATIONAL CONFERENCE ON ADVANCEMENTS IN SCIENCES AND HUMANITIES [SICASH]. Faculty of Humanities and Sciences, SLIIT, 2022. http://dx.doi.org/10.54389/tyzj1862.

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Alternative Dispute Resolution (ADR) refers to a range of mechanisms available for the resolution of disputes such as Negotiation, Mediation, Conciliation and Arbitration, which are settlement-oriented processes, adopted in place of Litigation through Courts that are adversarial in character. Among the said alternative processes, Arbitration is popularly preferred across the globe for the resolution of commercial disputes for the numerous benefits it has to offer. This ease of facilitating international commercial contracts and dispute resolution pertaining thereto, offered by the arbitral pro
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Jayasinghe, Rasara, Rangamal Dahanayake, and Vajira Edirisinghe. "Challenging Arbitral Awards in the Construction Industry." In The SLIIT International Conference on Engineering and Technology 2022. Faculty of Engineering, SLIIT, 2022. http://dx.doi.org/10.54389/tumx1007.

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One of the most common alternative dispute resolution methods used in the Sri Lankan construction industry is arbitration. However, challenging arbitration awards based on legal grounds at the courts has been a current trend by the disagreeing party. If this situation occurs continuously, the purpose of having arbitration as an alternative dispute resolution method can be abandoned. Therefore, the study aims to identify the causes where arbitration is challenged in multi-story building construction projects in Sri Lanka through a case study. The methodological choice was qualitative and used s
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Dolea, Sorin. "ARTIFICIAL INTELLIGENCE IN INTERNATIONAL ARBITRATION." In International Scientific Conference ‘Digitalization of legal deeds in the context of the modernization of public services’. Moldova State University, 2024. http://dx.doi.org/10.59295/daj2022.17.

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Abishov, Kanan E., та Eugenia V. Abramova. "SEMANTIС FEATURES OF LEGAL TERMS IN ARBITRATION DISCOURSE (THE CASE OF ENGLISH LANGUAGE)". У II All-Russian scientific-practical conference with international participation "Translation and foreign languages in the global dialogue of cultures". St. Petersburg State University, 2024. http://dx.doi.org/10.21638/11701/9785288064289.02.

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The study is a semantic analysis of the frequency of use of English legal terms, identification of possible changes in the meaning and interpretation of key concepts of English legal terminology on the material of ICC (International Chamber of Commerce), LCIA (London Court of International Arbitration) and ICSID (International Centre for Settlement of Investment Disputes) documents. The purpose of this study is to identify and analyze the general trends and standards of arbitration language. The subject of the study is the evolution of legal vocabulary in international arbitration, the object
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Tuncay, Ahmet. "Arbitration Rules in Turkish Legal System." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00807.

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International companies, with the countries having the relations of commerce and investment, would refer to go to arbitrators, which is completely based upon their free will, to remove or minimise the risks in their own legal systems, to provide the disputes resolve fast and effective way, during the resolution of disputes. Also in our country, to provide the improvement of the international commerce and to promote investment of foreign and local corporation, according to the national and international arbitration legal regulations are made and international agreements are signed by taking not
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Komilzhonov, Rafael', and Yuliya Ivanova. "Problems of recognition and enforcement of international commercial arbitration decisions." In Current problems of jurisprudence. Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/182-186.

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The article analyzes the problematic aspects of recognition and enforcement of international commercial arbitration decisions on the territory of the Russian Federation. It is noted the complexity and lack of procedural guarantees for the parties to the dispute to implement the arbitration award. It is concluded that it is necessary to remove obstacles to the rapid and effective execution of commercial arbitration decisions.
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Reports on the topic "International arbitration"

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Casella, Alessandra. Arbitration in International Trade. National Bureau of Economic Research, 1992. http://dx.doi.org/10.3386/w4136.

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Rodríguez Piedrahita, Adrián F. International Arbitration Claims against Domestic Tax Measures Deemed Expropriatory or Unfair and the Inequitable. Inter-American Development Bank, 2006. http://dx.doi.org/10.18235/0008623.

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Preliminary statements about the role of FTAs and the importance of understanding the potential consequences of adopting tax measures deemed expropriatory or unfair and inequitable. Overview of CAFTA-DR¿s Framework on Indirect Expropriation. Introduces the concepts of investment, the obligation not to expropriate, and dispute resolution alternatives available. Tax Measures Equating to Indirect Expropriation. Discusses the role of international law in the interpretation and application of treaty rules, particularly the obligations not to expropriate and to afford the investor fair and equitable
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Cvijić, Srdjan, Nikola Dimitrov, Leposava Ognjanoska Stavrovska, and Ivana Ranković. Bilateral Disputes and EU enlargement: A Consensual Divorce. Belgrade Centre for Security Policy, 2024. http://dx.doi.org/10.55042/xubk6023.

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Bilateral disputes between European Union member states and candidate countries are one of the key obstacles to EU enlargement. They have been plaguing the EU accession process ever since the breakup of Yugoslavia and the subsequent border dispute between EU member Slovenia and candidate country Croatia which then ensued. More recently we have the case of North Macedonia. It became a candidate country in 2005 but ever since, its accession negotiations have been bogged down by endless bilateral disputes. While the case of North Macedonia and its decades long conflicts with Greece and Bulgaria a
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