Compulsory Arbitration A Tool To Enable Access To Justice In The Context Of Employment Disputes Involving International Organisations PDF Download
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Author | : Ornella-Wendy Dzomo |
Publisher | : Stämpfli Verlag |
Total Pages | : 34 |
Release | : 2023-12-06 |
Genre | : Law |
ISBN | : 3727226099 |
Download Compulsory Arbitration: A tool to enable access to justice in the context of employment disputes involving international organisations Book in PDF, ePub and Kindle
Over the years, international organisations' workforce has evolved and is now composed, in a large part, of individuals who do not hold the status of staff member but are de facto part of a contractual relationship of employment nature with these organisations. As a result, this category of individuals is barred from raising a claim against the organisation because they don't have access to remedies in place for staff members nor do they have access to national courts because of the principles of immunity of jurisdiction. This paper argues that creating an arbitration forum based on the concept of compulsory arbitration for the specific purpose of addressing claims of employment nature involving international organisations will afford a greater protection of the rights of this category of individuals and enable their access to justice.
Author | : Leonardo de Oliveira |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 421 |
Release | : 2020-11-17 |
Genre | : Law |
ISBN | : 9403506814 |
Download Access to Justice in Arbitration Book in PDF, ePub and Kindle
Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts – such as labour and employment, sports, and competition disputes, and those involving human rights violations – raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.
Author | : Lamar Taney Beman |
Publisher | : |
Total Pages | : 388 |
Release | : 1920 |
Genre | : Arbitration, Industrial |
ISBN | : |
Download Selected Articles on the Compulsory Arbitration and Compulsory Investigation of Industrial Disputes Book in PDF, ePub and Kindle
Author | : Helen May Cory |
Publisher | : |
Total Pages | : 314 |
Release | : 1932 |
Genre | : Arbitration (International law) |
ISBN | : |
Download Compulsory Arbitration of International Disputes Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 178 |
Release | : 1911 |
Genre | : Arbitration, Industrial |
ISBN | : |
Download Selected Articles on the Compulsory Arbitration of Industrial Disputes Book in PDF, ePub and Kindle
Author | : Richard A. Bales |
Publisher | : |
Total Pages | : 233 |
Release | : 1997 |
Genre | : Arbitration, Industrial |
ISBN | : |
Download Compulsory Arbitration Book in PDF, ePub and Kindle
Author | : Diora Ziyaeva |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 389 |
Release | : 2015-05-01 |
Genre | : Arbitration and award |
ISBN | : 1937518701 |
Download Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice Book in PDF, ePub and Kindle
Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law. Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America.
Author | : J. Joseph Loewenberg |
Publisher | : |
Total Pages | : 248 |
Release | : 1976 |
Genre | : Business & Economics |
ISBN | : |
Download Compulsory Arbitration Book in PDF, ePub and Kindle
Comparison of compulsory arbitration experience in Australia, Canada, the UK, Jamaica and USA - examines scope, procedures and impact. References and statistical tables.
Author | : Joel Dahlquist |
Publisher | : BRILL |
Total Pages | : 343 |
Release | : 2021-03-15 |
Genre | : Law |
ISBN | : 9004413685 |
Download The Use of Commercial Arbitration Rules in Investment Treaty Disputes Book in PDF, ePub and Kindle
Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration, on the one hand, and rules originally drafted for commercial arbitration on the other. The Use of Commercial Arbitration Rules in Investment Treaty Disputes studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction when commercial arbitration rules are used. Based on extensive studies of court decisions and previously-unknown arbitral awards, Joel Dahlquist’s book analyses the practice of domestic courts in reviewing treaty-based jurisdiction, and explains how the two most used commercial arbitration institutions – the ICC and the SCC – have drafted, interpreted and applied their arbitration rules in treaty-based disputes.
Author | : David D. Caron |
Publisher | : Oxford University Press |
Total Pages | : 817 |
Release | : 2015-11-12 |
Genre | : Law |
ISBN | : 0191060372 |
Download Practising Virtue Book in PDF, ePub and Kindle
International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and dynamics - a transnational justice system rather independent of domestic and international law. In response to its growing importance and use by disputing parties, international arbitration has become increasingly institutionalized, professionalized, and judicialized. At the same time, it has gained significance beyond specific disputes and indeed contributes to the shaping of law. Arbitrators have therefore become not only adjudicators, but transnational lawmakers. This has raised concerns over the legitimacy of international arbitration. Practising Virtue looks at international arbitration from the 'inside', with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practise international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet. Putting those who practise arbitration into the centre of the system of international arbitration allows us to appreciate the way in which they contribute to the development of the law they apply. This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.