Results 31 to 40 of about 2,930 (223)

Arbitration in international tax law: Legal obstacles to agreeing [PDF]

Anali Pravnog Fakulteta u Beogradu, 2018
Article 25 (5) of the OECD Model Convention contains a provision that defines the failure of the mutual agreement procedure to solve a dispute whether a person has been taxed in a manner that is not in accordance with the provisions of the Convention ...
Popović Dejan, Ilić-Popov Gordana
doaj   +1 more source

Defective Arbitration Clauses: The Approach of National Courts and Interpretation of Arbitration Clauses in Arbitration Center of Iran Chamber [PDF]

Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
More than fifty years after Frédéric Eisemann's influential article, the issue of the pathological arbitration clauses still exists. Defects in an arbitration clause may occur in various instances. The task of national courts and arbitral tribunals is to
Ali Moghaddam Abrishami, Fereshteh Sheikhvand   +1 more
doaj   +1 more source

Limits to Party Autonomy in International Commercial Arbitration

Oslo Law Review, 2014
International contracts are often written in a standardised manner and without taking into consideration the applicable law. This may create the illusion that the contract is the only basis for the parties’ rights and obligations, especially when the ...
Giuditta Cordero-Moss
doaj   +1 more source

Arbitration Clauses in Chains of Contracts

ASA Bulletin, 2009
To foster multi-party arbitrations French, US, and Austrian law allow, with significant nuances, for the extension of arbitration clauses through chains of contracts to claims by the ultimate buyer as a third party to the contract containing the arbitration clause against the first seller/manufacturer.
Schwenzer, Ingeborg, Mohs, Florian
openaire   +1 more source

The Duty of Confidentiality Within The Global Landscape [PDF]

, 2021
First paragraph: Commercial arbitration is frequently said to be private and confidential. Confidentiality is often pointed out as one of the main advantages and reasons why the parties have chosen arbitration as the means of resolving commercial ...
Yu, Hong-Lin
core  

Principle of Independence of the Commercial Arbitration Agreement [PDF]

الرافدین للحقوق, 2010
The method of commercial arbitration is an important and necessary method in the scope of commercial transactions (internal and international), in order to resolve any dispute that appears between the parties to the conflict because of the advantages and
Mostafa Natiq Saleh Matloob
doaj   +1 more source

Arbitration in employment disputes - de lege ferenda comments 15 years after arbitration clauses in employment relations were introduced in the civil procedure

Acta Iuris Stetinensis, 2020
The purpose of this paper is to analyse the existing model of employment arbitration in Poland in force since 2005. According to Article 1164 of the Code of Civil Procedure, arbitra¬tion clauses in employment disputes can only be established once a ...
Radosław Skowron
doaj   +1 more source

Are the ICSID Arbitration Clauses in Investment Contracts Concluded via Smart Contracts Valid?

Analele Ştiinţifice ale Universităţii "Al.I. Cuza" din Iaşi. Ştiinţe Juridice, 2022
Blockchain technology gained popularity with the emergence of intellectual technologies, as cryptocurrencies are also being discussed within contract law along with the interpretation of the concept of consent, and the validity of the consent written in ...
Elnur Karimov
doaj   +1 more source

A Comparative Study on Incorporation of Charterparty Arbitration Clauses into Bills of Lading (Selective Countries: England, China, Germany and Iran) [PDF]

پژوهشنامه حقوق تطبیقی, 2021
Charterparties are being used for years as a common practice worldwide to provide shipping services in various international routes. A bill of lading is known as one of the most important documents in maritime transportation all over the world.
Esmaeil Yaghoubi, Masoud Dadkhah
doaj   +1 more source

'Sticky' Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex

SSRN Electronic Journal, 2013
We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. After the Supreme Court’s decision in Concepcion, commentators predicted that every business soon would use an arbitration clause, coupled with a class arbitration waiver, in their standard form ...
Drahozal, Christopher R., Rutledge, Peter B.   +1 more
openaire   +2 more sources