Oxford Index Search Results

You are looking at 1-20 of 1,833 items for:

decision-making x Law x Arbitration x clear all

Arbitral Decision-Making: Legal Realism and Law & Economics

Thomas Schultz.

in Journal of International Dispute Settlement

July 2015; p ublished online June 2015 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 11459 words.

As the social impact and role of international arbitration receives increasing attention, one central theme in this conundrum gains prominence: how do arbitrators decide cases? What...

Systemic Bias and the Institution of International Arbitration: A New Approach to Arbitral Decision-Making

Stavros Brekoulakis.

in Journal of International Dispute Settlement

November 2013; p ublished online September 2013 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 18386 words.

As international arbitration expands, arbitral decision-making comes under scrutiny, with many raising legitimate questions: how do arbitrators decide? Do they tend to favour certain...

Part VIII Arbitrators’ Decision-Making Power and Arbitral Tribunals’ Cessation of Functions, 24 Functus Officio?

Greg Fullelove.

in Defining Issues in International Arbitration

May 2016 .

Chapter. Subjects: Arbitration; Law. 12 pages. 7520 words.

This chapter examines the meaning of the principle of functus officio. The expression is used to refer to the point when the arbitral tribunal has discharged its duty in full and can no...

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Part VIII Arbitrators’ Decision-Making Power and Arbitral Tribunals’ Cessation of Functions, 21 Inherent and Implied Powers of Arbitrators

Margaret L Moses.

in Defining Issues in International Arbitration

May 2016 .

Chapter. Subjects: Arbitration; Law. 13 pages. 7435 words.

The powers of arbitrators in international commercial arbitration are based on the agreement of the parties, usually set forth in an arbitration clause contained in a contract between the...

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Part VIII Arbitrators’ Decision-Making Power and Arbitral Tribunals’ Cessation of Functions, 22 Good (and Bad) Initiatives of Arbitrators: Where to Draw the Line between Activism and Passivity?

Sébastien Besson.

in Defining Issues in International Arbitration

May 2016 .

Chapter. Subjects: Arbitration; Law. 17 pages. 9107 words.

This chapter explores the power of arbitrators to take initiatives. It discusses the legal basis and sources of the arbitrators’ power to take initiatives; the exercise of the arbitrators’...

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Part VIII Arbitrators’ Decision-Making Power and Arbitral Tribunals’ Cessation of Functions, 23 The Law is what the Arbitrator had for Breakfast: How Income, Reputation, Justice, and Reprimand Act as Determinants of Arbitrator Behaviour

Thomas Schultz and Robert Kovacs.

in Defining Issues in International Arbitration

May 2016 .

Chapter. Subjects: Arbitration; Law. 18 pages. 9897 words.

This chapter examines the factors that influence and motivate the behaviour of arbitrators, specifically income, reputation, fame, prestige, doing justice, and the objective of avoiding the...

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The Origin of the New English Arbitration Act 1996: Reconciling Speed with Justice in the Decision-making Process

Mark Saville.

in Arbitration International

September 1997; p ublished online November 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 8029 words.

Ch.1 Iran-U.S. Claims Tribunal Precedent in Investor-State Arbitration

Christopher S. Gibson and Christopher R. Drahozal.

in The Iran-U.S. Claims Tribunal at 25

July 2007 .

Chapter. Subjects: Arbitration; Law. 29 pages. 12045 words.

This chapter examines the jurisprudential value of the Tribunal's awards from both a theoretical and an empirical perspective. It first applies the Tribunal's jurisprudence to four factors...

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6 The Arbitral Award

Reinmar Wolff.

in Commercial Arbitration in Germany

March 2016 .

Chapter. Subjects: Arbitration; Law. 102 pages. 53125 words.

This concluding chapter examines the arbitral award given at the outcome of the arbitration proceedings. It describes the different ways German arbitration law resolves the dispute — by...

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Image rights in The Netherlands—injunction prohibiting use of football player's image and name

Ruud van der Velden.

in Journal of Intellectual Property Law & Practice

October 2006; p ublished online October 2006 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 1053 words.

In a decision based on image rights, the Provisions Judge of the District Court of The Hague issued an injunction against the insurance company Achmea, ordering that it should cease making...

The challenge of the criminalization of online piracy in Hong Kong

Charn Wing Wan.

in Journal of Intellectual Property Law & Practice

October 2008; p ublished online August 2008 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 5687 words.

Legal context

The Hong Kong Court of Final Appeal in the landmark case of Chan Nai Ming (better known as the Big Crook), who is probably the first person in...

The Court of Appeal clarifies the law on sufficiency

Sebastian Moore and Duncan Ribbons.

in Journal of Intellectual Property Law & Practice

May 2009; p ublished online March 2009 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 4552 words.

Legal context

The case clarifies the law on sufficiency and restricts the scope for attacking the validity of a patent based on excessive claim breadth...

Disclaiming methods of medical treatment under the European Patent Convention

Eddy D. Ventose.

in Journal of Intellectual Property Law & Practice

October 2009; p ublished online August 2009 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 6381 words.

Legal context

The question of whether disclaimers are allowable in respect of the exclusion of methods of medical treatment, in particular surgical methods,...

The Legal Reasoning of ICSID Tribunals

Journal Article. Subjects: Arbitration; Law. 63 pages. 36995 words.

This empirical analysis of the use of interpretive arguments by ad hoc tribunals of the International Centre for the Settlement of Investment Disputes covers almost 100 cases decided during...

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Conversion in the trade mark context

Sven Stürmann and Gordon Humphreys.

in Journal of Intellectual Property Law & Practice

November 2006; p ublished online September 2006 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 8646 words.

Legal context. The paper examines the formal requirements for making a conversion application and provides an overview of all the significant time limits which have to be...

Stem cell patents on a knife edge

Amina Agovic.

in Journal of Intellectual Property Law & Practice

November 2008; p ublished online August 2008 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 11242 words.

Legal context

Hundreds of millions of dollars are poured into human embryonic stem cell (hESC) research worldwide making stem-cell technology heavily...

Comparative advertising and celebrity photographs—fair dealing under the CDPA 1988

Jonathan Griffiths.

in Journal of Intellectual Property Law & Practice

July 2006; p ublished online May 2006 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 6735 words.

Legal context. Legal context. This article reviews the concept of ‘fair dealing’ under Copyright Designs and Patents Act 1988, section 30. It does so in the context of to...

Summary judgment in intellectual property litigation—the three of Harts

Jeremy Phillips.

in Journal of Intellectual Property Law & Practice

November 2005; p ublished online October 2005 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 4712 words.

Legal context. The popular image of litigation is one of an often long and expensive full trial. However, better case management means that courts in the United Kingdom...