Essays about: "arbitration agreement"
Showing result 11 - 15 of 29 essays containing the words arbitration agreement.
-
11. "Tempering the Gambler's Nirvanna" : A Review into to the issues and regulation of Third Party Funding in Investment Treaty Arbitration
University essay from Uppsala universitet/Juridiska institutionenAbstract : Third party funding (TPF) is a method of financing legal proceedings, in which a party not directly connected to the proceedings funds one of the disputing parties, usually in return for a percentage of the final monetary settlement. The interests behind TPF are that the funded party will have the resources to pursue their claim, while the funder will be able to profit from a percentage of the final settlement. READ MORE
-
12. Revealing the Man behind the Curtain : Proving Corruption in International Commercial Arbitration
University essay from Uppsala universitet/Juridiska institutionenAbstract : There is unanimity within the arbitration community that corruption is disrupting international trade and that arbitrators must not let arbitration be a safe forum for enforcement of contracts tainted by such illicit acts. Due to the hidden nature of corruption, often hiding behind an agency agreement, the most challenging question facing arbitrators has shown to be how to handle the rules of evidence. READ MORE
-
13. Singular Succession and Arbitration Agreements : A Study of the Remaining Party's Duty to Arbitrate with a Successor in Light of the Emja and Electrolux Judgments
University essay from Uppsala universitet/Juridiska institutionenAbstract : The consequences of singular succession on arbitration agreements has for long been a debated topic in Swedish arbitration law. Party substitution is commonplace in the economy, and predictability and certainty in the economy demands clarification of the consequences of transfers and restructurings on arbitration agreements. READ MORE
-
14. Arbitrability and Foreign Law : An analysis of under which state’s law a dispute must be amenable to out-of-court settlement in order to be arbitrable under Swedish law
University essay from Uppsala universitet/Juridiska institutionenAbstract : Which State’s law should determine if a dispute is amenable to out-of-court settlement and consequently whether a dispute is arbitrable under Swedish law? Some legal scholars reason that general principles of private international law should solve the question as a conflict-of-laws issue, while others believe that Swedish mandatory law should apply directly. The Swedish Arbitration Act is unclear and both solutions find support in contradictory case law. READ MORE
-
15. A Fourth Arbitrator or an Administrative Secretary? : A Study on the Appointment and Authority of Arbitral Secretaries in Swedish Arbitral Proceedings
University essay from Uppsala universitet/Juridiska institutionenAbstract : Arbitral tribunals’ engagement of secretaries has for several years been the subject of debate and surveys show that the use of arbitral secretaries varies in practice. The Swedish Arbitration Act as well as the Arbitration Rules and Rules for Expedited Arbitrations issued by the Arbitration Institute of the Stockholm Chamber of Commerce do not regulate the appointment and authority of an arbitral secretary. READ MORE
