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formal operations

Overview page. Subjects: Psychology.

In the theory of cognitive development of the Swiss psychologist Jean Piaget (1896–1980), the developmental stage beginning at about 12 years when children become proficient in manipulating...

See overview in Oxford Index

Efficient Management of Transnational Disputes: Mutual Gain by Mediation or Joint Loss in Litigation

Thomas W. Wälde.

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. 13955 words.

The Role of ADR in the Resolution of International Disputes

Anthony Connerty.

in Arbitration International

March 1996; p ublished online November 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 4001 words.

The Theoretical Basis of Mediation and Other Forms of ADR: Why They Work

Richard Hill.

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. 4818 words.

Arbitration, Anti-suit Injunctions and Lis Pendens under the European Jurisdiction Regulation and the New York Convention: Notes on West Tankers, the Revision of the Regulation and Perhaps of the Convention

Guido Carducci.

in Arbitration International

June 2011; p ublished online September 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 13026 words.

This article examines what the law with regard to arbitration, anti-suit injunctions and lis pendens from a jurisdictional perspective is: (i) in Europe under Council Regulation (EC)...

The Institutional Appointment of Arbitrators : The Special Committee of the European Convention on Commercial Arbitration of Geneva, 21 April 1961

Ottoarndt Glossner.

in Arbitration International

March 1996; p ublished online November 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 2297 words.

Arbitrators' Initiatives to Obtain Factual and Legal Evidence

Phillip Landolt.

in Arbitration International

June 2012; p ublished online September 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 28479 words.

Arbitrators generally have wide powers to take initiatives to obtain factual and legal evidence, but rarely are they under a duty to do so. The central concern of the article is to identify...

Captain Charles Elliot RN, Arbitrator: Dispute Resolution in China Waters 1834–1836

Derek Roebuck.

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. 16023 words.

Investment Arbitration in Asia: Five Perspectives on Law and Practice

Luke Nottage and J. Romesh Weeramantry.

in Arbitration International

March 2012; p ublished online September 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 18047 words.

Despite the significant number of BITs or other investment treaties entered into by Asian nations, comparatively few investor-State arbitration proceedings involve Asian claimants or...

E-Disclosure in International Arbitration

in Arbitration International

March 2008; p ublished online August 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 14815 words.

Electronically stored documents, in particular, emails, have rapidly become perhaps the most important source of evidence in commercial business disputes of virtually every kind. In the...

Evidence in International Arbitration

Robert Pietrowski.

in Arbitration International

September 2006; p ublished online October 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 18619 words.

Breaking the Deadlock

Arthur Marriott.

in Arbitration International

September 2006; p ublished online October 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 9769 words.

Using Computers to Evaluate Claims at the United Nations Compensation Commission

Christopher Gibson.

in Arbitration International

June 1997; p ublished online November 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 12947 words.

Arbitration at the Dubai International Financial Centre: a Common Law Jurisdiction in the Middle East

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. 5933 words.

The Dubai International Financial Centre (DIFC) is an autonomous jurisdiction based in the Emirate of Dubai where the civil and commercial laws of the UAE do not apply. The DIFC’s legal...

Is the Need for Writing as Expressed in the New York Convention and the Model Law Out of Step with Commercial Practice?

Neil Kaplan QC.

in Arbitration International

March 1996; p ublished online November 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 10003 words.

And/Or: The Problem of Qualification in International Arbitration

in Arbitration International

December 2010; p ublished online September 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 14876 words.

The problem of qualification is one of the classic problems of conflict of laws and indeed has been characterised by leading scholars as the ‘fundamental’ problem. In short, it is about how...

A quick read of the CIETAC arbitration rules 2015

Jingzhou Tao and Mariana Zhong.

in Arbitration International

September 2015; p ublished online September 2015 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 3686 words.

The China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules 2015 feature several significant changes focusing on improving the arbitration efficiency,...

Incorporating Arbitration Clauses: The Sacrifice of Consistency at the Altar of Experience

in Arbitration International

June 2014; p ublished online August 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 9292 words.

This article considers the varying judicial approaches to the question of incorporation of arbitration agreements by reference to another contract, schedule of terms, or trading rules. In...

Indian judiciary and international arbitration: a BIT of a control?

Harisankar K. Sathyapalan.

in Arbitration International

September 2017; p ublished online February 2016 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 8435 words.

Abstract

India embraced the modern international arbitration regime towards the end of last century by reforming its arbitration law, mainly to attract foreign...

‘Enforcing’ national court judgments as arbitration awards under the New York convention

David Isidore Tan.

in Arbitration International

September 2018; p ublished online September 2018 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 14788 words.

Abstract

A main reason for the success of arbitration is the widespread enforceability of resulting awards under the New York Convention. In contrast, there is...

Investment Arbitration in Latin America

in Arbitration International

June 2014; p ublished online August 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 15567 words.

The habitual description of the Latin American take on investment arbitration as one of hostility fails to capture the complexity and fine nuances of the relationship between Latin America...