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disciplinary procedure x International Law x Settlement of Disputes x clear all

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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...

See overview in Oxford Index

Should the Setting Aside of the Arbitral Award be Abolished?

Albert Jan van den Berg.

in ICSID Review - Foreign Investment Law Journal

May 2014; p ublished online April 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Settlement of Disputes. 13795 words.

The text of the 2nd Karl-Heinz Böckstiegel Lecture of 13 September 2013 as adapted for publication examines the question on whether the setting aside of the arbitral award should be...

Parting Ways: The Impact of Mutual Termination of Investment Treaties on Investor Rights

Tania Voon, Andrew Mitchell and James Munro.

in ICSID Review - Foreign Investment Law Journal

May 2014; p ublished online March 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Settlement of Disputes. 13394 words.

Several States have terminated international investment agreements (IIAs) in recent years—some alarmed at unexpected outcomes in certain investor–State cases, and others simply updating...

Arbitration in the United States under the Financial Industry Regulatory Authority

Mark R. Joelson.

in Arbitration International

September 2015; p ublished online May 2015 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 3359 words.

Particularly in times of economic stress, purchasers of securities in the United States seek redress against brokers and their employers who may have violated the applicable investment and...

Foreign Lawyer Advocacy in International Arbitrations in Japan

Charles Russell Stevens.

in Arbitration International

March 1997; p ublished online November 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 795 words.

When Arbitrators Facilitate Settlement: Towards a Transnational Standard

in Arbitration International

June 2009; p ublished online August 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 10512 words.

In the last decades, the law and practice of international arbitration worldwide has increasingly evolved towards greater uniformity. There remain though a few trouble spots for which...

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....

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...

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...

Investment Arbitration Under the Energy Charter Treaty – From Dispute Settlement to Treaty Implementation

Thomas W. Wälde.

in Arbitration International

December 1996; p ublished online November 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 20680 words.

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...

Bibliography

in Arbitration International

September 2011; p ublished online September 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 2797 words.

Rectitude in International Arbitration

William W. Park.

in Arbitration International

September 2011; p ublished online September 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 31301 words.

On Integrity in Private Judging

Alan Scott Rau.

in Arbitration International

June 1998; p ublished online December 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 26121 words.

Promoting Effective Arbitration through Legal Assistance Programmes

Patricia Shaughnessy.

in Arbitration International

June 2006; p ublished online October 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 10761 words.

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...

Due process paranoia and the procedural judgment rule: a safe harbour for procedural management decisions by international arbitrators

Klaus Peter Berger and J. Ole Jensen.

in Arbitration International

September 2016; p ublished online July 2016 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 11004 words.

Faced with a party’s procedural request, international arbitrators sometimes need to decide a delicate question: is this a legitimate exercise of the party’s procedural rights, or an...

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...

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...

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...

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...