Sentences with phrase «domestic arbitration laws»

With the slow civil justice systems creating an appetite for arbitration in both countries, especially for foreign companies, both have domestic arbitration laws: Angola's 2003 Voluntary Arbitration Law and Mozambique's 1999 Law on Arbitration, Conciliation and Mediation are based on the UNCITRAL model, although in Angola, some matters, including insolvency, land, employment and some non-commercial disputes, are not arbitrable.

Not exact matches

As such, parties used to other developed common law jurisdictions, such England & Wales, either as their domestic regime or as leading seats of arbitration they are familiar with, will feel at home and able to comfortably navigate the AO should Hong Kong law be chosen as the applicable curial (procedural law).

The working group on arbitration legislation of the Uniform Law Conference of Canada (ULCC) has circulated a Discussion Paper on proposed changes to the Uniform Arbitration Act (for domestic arbitrations in Canada).

From what I gather from my colleagues who deal with investment law either as academics or as practitioners, the «anecdotal» evidence points in the direction of investors choosing commercial arbitration if the ISDS or domestic courts option becomes too long and burdensome.

If one takes the perspective of counsel representing an investor in an imagined intra-EU arbitration not (directly) related to EU law, one plausible argument is that since the arbitration stems from a purely domestic measure, the autonomy concerns of the Court are entirely immaterial to the dispute at hand.

Dear Marco, the international «investment» law - perspective refers to the point the post tries to make: that it is a plausible argument that there is room for investment arbitration in the single market because many investment disputes deal with exclusively domestic measures.

Investors will have to choose between relying on domestic law before domestic courts, lobbying their home - state to launch state - to - state dispute settlement or to use the less transparent private commercial arbitration.

There is no point in discussing the fascinating Micula saga, as that arbitration concerned measures adopted prior to Romania's EU accession, and at that stage the candidate states are not bound by the acquis, even if the association agreements require them to approximate their domestic laws to EU law.

While commercial parties may turn to arbitration as the choice dispute resolution mechanism in its transaction document, parties are advised to be alive to the fact that by adopting certain institutional arbitration rules within the arbitration agreement and conducting the arbitration under the auspices of those institutions, they will be taken to have agreed to waive their right to recourse against the award by way of appeal on a question of law in the context of domestic arbitrations.

She is recognized and respected for her broad range of professional experience involving complex commercial litigation, domestic and international arbitration and mediation, and her service as a distinguished global member of law school faculties from the United States to China.

The Arbitration Law expressly provides that its objectives are to effectively resolve domestic and international commercial disputes in a fair and effective manner, recognise and enforce international arbitral awards and encourage dispute resolution by arbitration.

The Arbitration Law provides a legal regime for both domestic and international arbitrations that closely follows the familiar UNCITRAL Model Law.

Yet, parties may not immediately be cognisant that in entering into such an arbitration agreement that adopts the said institutional rules, they may well be taken to have waived their right to appeal on questions of law insofar as domestic arbitrations are concerned.

By adopting and agreeing to submit disputes to arbitration under the ICC Rules or the SIAC Rules, parties hence agree to exclude their right to appeal on questions of law in domestic arbitrations.

He was a recognized expert in maritime law and also had wide experience in both domestic and international arbitrations.

It is strongly argued by many that arbitration should always be subject to the fundamental principles which underpin most domestic legal systems and ultimately reflect the rule of law — and should not, as some contend, be a process which is totally detached from those fundamental principles.

He also handles cases involving corporate litigation, shareholders» disputes and insolvency matters, defamation cases, domestic and international arbitration cases, cybersecurity, data security and privacy law issues, competition law matters, e-Discovery and forensic investigation issues as well as property litigation.

In brief, the approach conceives of investment treaty arbitration as a form of public law, and calls for tribunals to draw on comparative domestic constitutional and administrative law, as well as other regimes of international public law such as WTO law and human rights law, to give content to the often vaguely - worded standards of typical investment treaties.

It is anticipated that the new law will provide a properly structured procedural framework for domestic and international arbitrations seated in the UAE, with clear rules on when an award may be challenged, as well as easing the route to enforcement of awards by giving arbitration awards the status of court judgment which can be ratified in the UAE Courts (thereby avoiding lengthy enforcement proceedings).

There are varying ways to commence an arbitration, depending on whether an arbitration is governed by institutional rules or by domestic or international laws.

He is a specialist practitioner in domestic and international public law, domestic and international arbitration, and court of protection.

Switzerland has an established litigation funding market, with funding of both domestic litigation and arbitration seated in Switzerland permitted by Swiss law.

Since the late 1990s litigation funding has been widely accepted in Germany, resulting in an established litigation funding market — with three German funders holding almost all market share — of both domestic litigation and arbitration seated in Germany permitted by German law.

In light of the above, the process represents not only a clear violation of the New York Convention but also of the Ecuadorian Constitution and domestic laws, which recognize the right to due process and arbitration as an alternative mechanism of dispute resolution, without making a distinction between international and domestic arbitration.

Kania Lawyers practices in all areas of family law, such as separation agreements, child custody / access, paternity tests, child and spousal support, child welfare, adoptions, divorce, domestic abuse, mediations and arbitrations, property division, cohabitation agreements, marriage contracts, and much more.

Has written and published more than 300 articles and seminars on international and domestic construction contracts; construction contract administration; arbitration and mediation rules and techniques; negotiation; construction, government contracts, and engineering law.

Our arbitration lawyers are experienced in both domestic and international arbitration law.

With a combined value of more than RMB5 billion, the deals included more than 30 domestic arbitration cases, more than 15 foreign - related arbitration cases, more than 10 domestic and foreign lawsuits, and two cases where it acted as expert witness on PRC law.

He has also litigated in domestic practice, arbitration and has a broad based municipal law experience as both a solicitor and in defense of municipal entities.

Members of Incisive Law provide Singapore law advice and represent clients in the Singapore Courts as well as in domestic and international arbitratioLaw provide Singapore law advice and represent clients in the Singapore Courts as well as in domestic and international arbitratiolaw advice and represent clients in the Singapore Courts as well as in domestic and international arbitrations.

It is widely expected that investor - State arbitration should fulfill a role similar to that of judicial review under domestic administrative and constitutional law, subjecting host State public authority to an understanding of the rule of law that focuses chiefly on restrictions in the relations between public and private actors.

Certainly, one could argue that public law adjudication requires a certain adjudicatory structure, such as the presence of an appeals mechanism and permanent courts with tenured judges; yet, this disregards that arbitration is not an infrequent mode of settling disputes between public law bodies and private actors also at the purely domestic level, and is obviously accepted under the constitutional provisions of the legal systems involved.

He brings 30 years of legal experience advising both domestic and international clients on various PRC law issues and is frequently invited to act as a PRC law expert in foreign courts and foreign arbitration proceedings.

In the Philippines, where she practiced law for four years, Ms. Bagasin was a senior associate of a top - tier Philippine law firm where she represented clients in high - stakes international and domestic arbitration proceedings.

The Mauritian legal framework on international arbitration brings international arbitration principles in an entirely new body of rules, completely separate from those governing domestic arbitration, and which are designed in line with international principles and practices underlying the UNCITRAL Model Law on arbitration.

2.2 Does the same arbitration law govern both domestic and international arbitration proceedings?

When the United Kingdom leaves the EU, there is unlikely to be any change to English arbitration law in the short or medium term, since the legislation governing arbitration in the United Kingdom is domestic rather than European.

The arbitration panels, which operate as alternatives to domestic court systems, have been criticized by labor and environmental groups as giving corporations — and only corporations — a way to circumvent domestic laws and regulations.

The Pepperdine University School of Law in California was recently chosen by the American Arbitration Association to «take over its prestigious Library and Information Center, consisting of more than 24,000 titles on arbitration, mediation, negotiation, fact - finding, and other international and domestic dispute resolution procedures».

Our International Disputes team handles major international litigation matters on behalf of both foreign and domestic clients by advising clients on the unique procedures and strategies of U.S. litigation; the application of foreign law, treaties and regulations; strategies for settlement; and international arbitration or other alternative dispute resolution procedures, where appropriate.

Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.

Arbitrations in which the parties, the law and the issues are all within one jurisdiction (such as England and Wales) are called «domestic» aArbitrations in which the parties, the law and the issues are all within one jurisdiction (such as England and Wales) are called «domestic» arbitrationsarbitrations.

As one of Canada's most highly regarded construction law firms, Glaholt LLP has successfully represented owners, consultants, and contractors in complex domestic and international arbitrations.

As a footnote to this decision, one could consider how it would have been decided if the arbitration in question was an international commercial arbitration, not a domestic arbitration, and the Model Law attached to the International Commercial Arbitration Act of Newfoundland and Labrador had applied.

Members of Incisive Law provide Singapore law advice and represent clients in the Singapore Courts and in domestic and international arbitratioLaw provide Singapore law advice and represent clients in the Singapore Courts and in domestic and international arbitratiolaw advice and represent clients in the Singapore Courts and in domestic and international arbitrations.

The firm concentrates its practice in divorce and family law litigation, arbitration, mediation of family law and matrimonial issues, and collaborative law (one of the newest areas of dispute resolution in the family law field), including but not limited to custody, parenting time (formerly called «visitation»), alimony, child support, equitable distribution of marital property, post-divorce disputes, domestic violence matters, DYFS matters, adoptions, and applications to relocate children from New Jersey coincident to or after separation or divorce.

Parenting coordination, domestic abuse, mediation - arbitration, collaborative law, supervised visitation, custody evaluation, and child protection and dependency mediation began to appear on conference programs as members searched for effective family dispute resolution processes.

In addition, she is an agent for the office of the children's lawyer, a collaborative law trainer, a certified screener for domestic violence and power imbalances for family arbitration, and a certified family law mediator.

certified screener for domestic violence and power imbalances for family arbitration, and a certified family law mediator.