Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice [PDF]
International Journal of Law and Society, 2018 Arbitration agreement is the bedrock of every arbitral proceedings and it is the corner stone of the jurisdiction vested on the arbitrators to arbitrate on any matter referred to them. The agreement could take various forms and character (oral or written) depending on the governing law.
V. V. Eremin
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Article 139 of the Constitution in the Light of Judicial and Arbitral Precedent [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2020 Article 139 of the Constitution of the Islamic Republic of Iran, which restricts and binds the referral of litigation regarding public and State property to arbitration, for obtaining an approval from the government and the parliament, has led to ...
Hamidreza Nikbakht, Ahmad Hemati Kalvani
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Arbitrability of Foreign Investment Disputes in Iranian Law with a Glance to IPCs [PDF]
Iranian Journal of International and Comparative Law, 2023 The issue of arbitrability in foreign investment treaties poses ongoing challenges for both host nations and foreign investors. Iranian law imposes constitutional constraints on resorting to arbitration, in addition to the provisions outlined in ...
Ahmad Usefzadeh, Soroush Rostam Zad Asli
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Narrow Interpretation of the Courts’ Authority to Enforce Foreign Arbitral Awards: the Compliance with Pro-Enforcement Policy of New York Convention [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2020 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards is one of the most globally accepted treaties which offers a pro-enforcement policy. Basically, the precedent echoes the pro-enforcement policy of the Convention.
Hamid Bagherzade , Ayyoub Mansouri Razi
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So me specific issues about arbitrability in Spain: Back to the past? [PDF]
Anali Pravnog Fakulteta u Beogradu, 2017 The object of this paper on arbitrability in the Spanish legal system, is to explore whether the general rule on objective arbitrability, based upon the free disposition of the rights which under the Spanish Arbitration Law translates a general principle
Viscasillas Perales Pilar Del Maria
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Analysis of the Consequences of Sanctions on International Commercial Arbitration [PDF]
پژوهشهای حقوقی, 2023 Following the expansion of trade oversight intensified in recent years by the United States and the European Union; Private settlement of cross-border trade disputes has faced new problems and challenges.
Erfan Mirzazadeh +3 more
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Arbitration agreement and intercompany disputes [PDF]
Anali Pravnog Fakulteta u Beogradu, 2018 The affirmation of resolution through arbitration of commercial disputes in the field of contract law, both at national levels (as an undisputable trend of varying degrees) as well as at the international level, has raised the issue of the possibility of
Vasiljević Mirko
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Public order as a source of limitation for the award of an arbitration agreement: An Investigation into Iran's Judicial Process [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2019 : Concluding of the arbitration agreement is based on the principle of party autonomy but this principle is restricted by public order. In other words, although the arbitration agreement is mainly based on the private agreement of both parties, it is not
Mojtaba Asadzadeh +1 more
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Оbjective arbitrability of antitrust disputes in Belarus and abroad
Теорія і практика правознавства, 2020 The article discusses approaches to objective arbitrability of antitrust disputes in the European Union, other foreign states and the Republic of Belarus. Particular attention is paid to the landmark cases Mitsubishi v. Soler Chrysler-Plymouth, Eco Swiss
А. С. Данилевич +1 more
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Arbitrability of International Tax Disputes [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2017 Over the past years, "arbitration" as a means of settling international disputes has gained popularity, but compared to international tax disputes, the possibility of applying the arbitration clause is disputed. After the successful use of arbitration to
Naeem Noorbakhsh +2 more
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