Results 101 to 110 of about 2,930 (223)

When arbitration clause and oppression claim collide

, 2017
The question regarding the position of arbitration clauses within the context of shareholders’ protection under company law rules has been dealt with in a decision from the United Kingdom, Exeter, which upheld the inalienable right of the members to ...
Hingun, Mohsin, Mohd. Sulaiman, Aiman @ Nariman, Aiman Nariman Mohd-Sulaiman, Mohsin Hingun   +3 more
core   +1 more source

Investors´ protection in the U.S.: the issue of mandatory arbitration clauses in contracts between investors and brokerage/advisory firms

Revista Direito GV
This paper proposes a review of the American literature, as well as the main rulings of Supreme Court of United States, aiming to map the pros and cons of inserting a mandatory pre-dispute arbitration clause in contracts between investors and brokerage ...
DÉBORA CHAVES MARTINES FERNANDES
doaj   +1 more source

Investment arbitration and human rights: From the lens of a MFN clause [PDF]

, 2020
There has been a lot of discussion on the role of Human Rights in Investment Arbitration. The standard approach of investment tribunals is to rule that Human Rights claims are beyond their jurisdiction as they are only concerned with violations of the ...
Vidyarthi, Abhisar, Misra, Aditya
core  

Arbitration clause in brazilian contracts

, 2010
O presente trabalho aborda a Cláusula Compromissória, analisando as formalidades exigidas para sua elaboração, seus aspectos jurídicos, e confere destaque ao exercício da autonomia privada das partes na celebração do contrato, bem como aos limites ...
Chaves, Isadora Costa
core  

Corporate human rights obligations of investors in recent investment agreements: The progressive hardening process of CSR clauses. [PDF]

Heliyon, 2023
Francis Maïnkade B.
europepmc   +1 more source

Assessing stakeholder perceptions of the effectiveness of the UAE arbitration law in resolving off-plan real estate disputes in Dubai

Social Sciences and Humanities Open
This study assesses stakeholders' perceptions of the effectiveness of the UAE Arbitration Law (Federal Law No. 6 of 2018) in resolving disputes arising from off-plan real estate transactions in Dubai. Using a correlational analytical survey approach, the
Adel Salem Allouzi, Khaled Mohammad Alomari, Nawal Louzi, Ghazi Ayed Alghathian   +3 more
doaj   +1 more source

THE EFFICACY OF THE ARBITRATION CLAUSE IN A SIMULATED ACT [PDF]

Challenges of the Knowledge Society, 2016
The article focuses on the effects that an arbitration clause can still produce when it is contained in a simulated operation, whether it is in the apparent act or in the secret one, depending on the forms of simulation.
Tudor Vlad RĂDULESCU
doaj  

Arbitration Clause and the Underlying Agreement

Este trabalho investiga a o que significa a autonomia da cláusula compromissória e qual a relação da cláusula compromissória com o negócio jurídico subjacente. Busca-se determinar se, e em que medida, a cláusula compromissória é acessória ou independente
Vieira, Vitor Silveira
core   +1 more source

BINDING ARBITRATION CLAUSE IN CONSUMERS AGREEMENTS

, 2016
Arbitration is a well known and widespread method for resolving disputes. It is one of several kinds of alternative means of dispute resolution, which give the opportunity to the parties to settle the dispute by othermeans besides getting in court ...
Dukoski, Sasa
core  

Reformulation of Commercial Court Authority Regulations Relation to the Arbitration Clause

Journal of Law and Legal Reform
The issue of jurisdiction in dispute resolution within the Commercial Court arises when the contract designates an arbitration clause as the preferred mechanism for resolving disputes. In the contractual agreement between PT. Swadaya Graha and PT.
Huzaimah Al-Anshori, Emi Puasa Handayani, Gautam Kumar Jha   +2 more
doaj   +1 more source