The Enduring but Unwelcome Role of Party Intent in Treaty Interpretation
AJIL Unbound, 2018 Party “intent” is not one of the tools that the Vienna Convention on the Law of Treaties (VCLT) gives to treaty interpreters. To be sure, party intent is presumably reflected in the “object and purpose” of the treaty, but it is not a separate criterion ...
Andrea K. Bjorklund
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IS SHARIA LAW AN OBSTACLE TO THE DEVELOPMENT OF COMMERCIAL ARBITRATION IN THE COUNTRIES OF THE GULF COOPERATION? [PDF]
Al-Maǧallah Al-QānūniyyaẗThe Gulf Cooperation Council (GCC) has been slow in accepting cutting-edge arbitration practices due to the fear of Islamic Sharia law, which is seen as an obstacle to improving arbitration in the region.
Ahmad Abdallah Fayiz Azzam
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anti-suit injunction issued from national courts in international commercial arbitration [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2019 The national courts’ intervention in the arbitration process is inevitable if the trial is expected to be significantly efficient. The national courts should solely intervene in arbitration process if they are legally permitted to do so.
Majid Sarbaziyan +2 more
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BRICS Law Journal, 2022 This article examines international commercial arbitration, one of the most popular methods for the resolution of disputes that arise in the context of international commercial relations.
O. Berzin, E. Shliagina, L. Ying
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An Analysis of the Autonomous Theory in International Commercial Arbitration [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2023 Today, international arbitration is considered as one of the most efficient methods of resolving disputes in foreign trade, which is considered a more efficient option for managing foreign trade disputes in many ways compared to national courts.
Majid Raza Arabahmadi, Mohammad Karimi
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International Commercial Arbitration and the Possible Application Thereof in Iraq
مجلة العلوم القانونية, 2019 International commercial arbitration is a special judicial system based primarily on an agreement, be it an arbitration clause or an arbitration agreement (compromise), between parties to a dispute.
علي فوزي الموسوي
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Third Party Investment in International Commercial Arbitration [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2022 International commercial arbitration imposes heavy costs to the parties involved. In this regard, one of the new phenomena in international commercial arbitration is "financing of court costs by a third party investor.
seyed sadegh ebrahimi +2 more
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Considration and Analysis of Legal System of Awards in International Commercial Arbitration: A Comparative Study of Iranian Law and the UNCITRAL Arbitration Rules [PDF]
پژوهشنامه حقوق تطبیقی, 2016 The question and subject of this paper is, recognition the award from other kinds of arbitral decisions and also consider the writing, communicating and impacts of award in International Commercial Arbitration system of Iran and UNCITRAL Arbitration ...
Majid Sarbazian, Mitra Ahmadi
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Commercial Arbitration in the Context of Increasing International Trade Disputes [PDF]
Romanian Economic Journal, 2019 The article focuses on the analysis of the alternative dispute resolution in commercial transactions, in particular on the commercial arbitration and its role in the sphere of international economic relation.
Diana Ramona Popescu
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THE LEGAL CAPACITY OF INTERNATIONAL CONVENTIONS AND LAWS TO LEGALISE E-ARBITRATION
Journal of International Studies, 2021 Traditional arbitration is not seen as exhaustive anymore and faces several shortcomings in dealing with international commercial disputes. Therefore, the need for a more effective arbitration method to complement the existing traditional method of ...
Mohamad Fateh Labanieh +2 more
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