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disciplinary procedure

Overview page. Subjects: Human Resource Management.

A formal procedure that is established by managers to uphold disciplinary standards. Procedures frequently contain a statement of disciplinary policy and a listing of acceptable and...

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Parties’ preferences in international sales contracts: an empirical analysis of the choice of law

Luiz Gustavo Meira Moser.

in Uniform Law Review

March 2015; p ublished online March 2015 .

Journal Article. Subjects: Comparative Law; Private International Law and Conflict of Laws. 15010 words.

This article is intended to offer insights into parties’ analytical reasoning while negotiating and choosing a governing law in international sales contracts. It will present a particular...

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The ASEAN Protocol on Dispute Settlement Mechanisms: An Appraisal

Gino J Naldi.

in Journal of International Dispute Settlement

March 2014; p ublished online January 2014 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 18354 words.

As ASEAN continues to build a more integrated, cohesive and coherent regional presence it must put in place the necessary structures to meet and better manage a wide range of challenges....

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Challenging Awards of the Court of Arbitration for Sport

Antonio Rigozzi.

in Journal of International Dispute Settlement

February 2010; p ublished online February 2010 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 26152 words.

The Court of Arbitration for Sport (CAS), sitting in Lausanne, Switzerland, is the pinnacle of the worldwide dispute settlement system for sport matters. CAS enjoys significant autonomy...

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Arbitrators and Accuracy

William W. Park.

in Journal of International Dispute Settlement

February 2010; p ublished online January 2010 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 17672 words.

An arbitrator's; primary duty remains the delivery of an accurate award, resting on a reasonably ascertainable picture of reality. Litigants wanting only quick or cheap solutions can roll...

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The Three Challenges of Stateless Justice

Pietro Ortolani.

in Journal of International Dispute Settlement

November 2016; p ublished online April 2016 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 18742 words.

The article explores the phenomenon of stateless justice. It proceeds as follows. After an introduction, Section 2 clarifies the relevant meaning of the word ‘justice’. Section 3 describes...

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Scientific Fact-finding by International Courts and Tribunals

Makane Moïse Mbengue.

in Journal of International Dispute Settlement

November 2012; p ublished online December 2012 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 9033 words.

The present contribution focuses on the specific question of what may be called scientific fact-finding before international courts and tribunals. At the outset, one may query if there is...

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The Twelfth Camel, or the Economics of Justice

François Ost.

in Journal of International Dispute Settlement

August 2011; p ublished online July 2011 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 9598 words.

In this article, the author takes us through 12 readings of an ancient parable about justice—the story of an old Bedouin in the desert who drafts a curious testament for the distribution of...

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Gazing at the Crystal Ball (again): State Immunity and Jus Cogens beyond Germany v Italy

Andrea Bianchi.

in Journal of International Dispute Settlement

November 2013; p ublished online July 2013 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 10631 words.

This article analyses the rhetorical structure of the International Court of Justice’s (ICJ) decision in the Germany v Italy case. The author maintains that in all likelihood the ICJ’s...

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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...

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Saying Credibly What the Law Is: On Marks of Authority in International Law

Fuad Zarbiyev.

in Journal of International Dispute Settlement

May 2018; p ublished online April 2018 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 13772 words.

ABSTRACT

It is no longer contested that statements of international law issued by various international actors play an important part in shaping the content of...

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The Project of System-Internal Reform in International Investment Law: An Appraisal

Joshua Paine.

in Journal of International Dispute Settlement

July 2015; p ublished online March 2015 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 12956 words.

This article considers issues arising from ‘system-internal’ reform proposals—proposals which aim to (partly) address investment law’s legitimacy crisis by influencing changes in arbitral...

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Satisfaction as a Form of Reparation for Moral Damages Suffered by Investors and Respondent States in Investor-State Arbitration Disputes

Patrick Dumberry.

in Journal of International Dispute Settlement

March 2012; p ublished online January 2012 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 20160 words.

The question examined in this article is how moral damages should be remediated by arbitral tribunals in the specific context of investor-State arbitration. In other words, is the best...

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Part 1 Comparative Overview of Concepts of Attorney–Client Privilege, 4 Germany

Annabelle Möckesch.

in Attorney-Client Privilege in International Arbitration

Chapter. Subjects: Private International Law and Conflict of Laws; International Law; Arbitration; Law. 28 pages. 15717 words.

Similar to the previous chapters, this chapter details the course of a lawsuit and the taking of evidence in civil litigation in Germany. The latter includes the examination of witnesses,...

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Part 2 Determining the Applicable Attorney–Client Privilege Standard, 8 Applicable Privilege Standard in International Commercial Arbitration

Annabelle Möckesch.

in Attorney-Client Privilege in International Arbitration

Chapter. Subjects: Private International Law and Conflict of Laws; International Law; Arbitration; Law. 74 pages. 39020 words.

This chapter contains an analysis of the most appropriate way to determine the applicable attorney–client privilege standard in international commercial arbitration. To this end, this...

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Part 2 Determining the Applicable Attorney–Client Privilege Standard, 7 Seeking Inspiration from Judicial and Administrative Proceedings for the Arbitral Context

Annabelle Möckesch.

in Attorney-Client Privilege in International Arbitration

Chapter. Subjects: Private International Law and Conflict of Laws; International Law; Arbitration; Law. 50 pages. 26847 words.

This chapter draws inspiration from a number of judicial and administrative proceedings in regard to the determination of the applicable privilege law for the arbitral context. The chapter...

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