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Author : Morley Gunderson
Publisher : Unknown
Page : 80 pages
File Size : 50,7 Mb
Release : 1983
Category : Interest arbitration
ISBN : CORNELL:31924000152896
Author : Bryan M. Downie
Publisher : Unknown
Page : 118 pages
File Size : 40,8 Mb
Release : 1979
Category : Arbitration, Industrial
ISBN : STANFORD:36105128635799
Author : Bruno Guandalini
Publisher : Kluwer Law International B.V.
Page : 356 pages
File Size : 49,7 Mb
Release : 2020-06-16
Category : Law
ISBN : 9789403522708
Economic Analysis of the Arbitrator’s Function Bruno Guandalini Arbitration has become an important market, where arbitrators are rational economic agents maximizing their utility. Although this is self-evident, it is rarely discussed. This penetrating book is the first to comprehensively analyze the market for arbitrators and arbitrators’ economic role within it. In great depth, the author tackles such salient issues as the following: effect of perceived inefficiencies and high costs on arbitration legitimacy; alleged commercialization of the arbitrator’s function; possible ethical problem raised by financial remuneration for rendering justice; what motivates a person to arbitrate; market for arbitrators’ functioning and failures, providing a better understanding of how actors could behave in such a specific market; structural and artificial entry barriers; effect of an arbitrator’s strategic behavior on the arbitrator’s function; limitations on an arbitrator’s rationality; and preventing and correcting these limitations. Numerous references to customs and procedures in major arbitral jurisdictions and to international laws and conventions affecting the efficiency of the arbitrator’s function are included. Pursuing a non-prescriptive analysis, the author draws on the discipline of law and economics, rational choice theory, behavioral economics, and psychological work on bounded rationality. Understanding the arbitrator’s function as a legal institution that is influenced by the market, this pioneer in developing and systematizing the study of the market for arbitrators and how it works will prove of inestimable value to all stakeholders in the arbitration market. Arbitrators, policymakers, regulators, and academics will be enabled to open the way to a more efficient market for arbitrators and betterment in arbitration worldwide.
Author : Flavia Marisi
Publisher : Kluwer Law International B.V.
Page : 297 pages
File Size : 43,7 Mb
Release : 2020-01-24
Category : Law
ISBN : 9789403517308
Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.
Author : Orley Ashenfelter,Radha Iyengar
Publisher : Edward Elgar Publishing
Page : 600 pages
File Size : 45,8 Mb
Release : 2009
Category : Arbitration and award
ISBN : STANFORD:36105134439285
Edited by leading scholars, this set of previously published papers critically examines theoretical foundations as well as empirical and experimental evidence on arbitration behaviour. With emphasis upon international commercial dispute resolution in both developed and developing economies, this collection will be valued by legal professionals, economists and other interested scholars.
Author : United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor-Management Relations
Publisher : Unknown
Page : 1330 pages
File Size : 54,5 Mb
Release : 1985
Category : Industrial relations
ISBN : STANFORD:36105062174144
Author : Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel
Publisher : Oxford University Press
Page : 354 pages
File Size : 51,8 Mb
Release : 2017
Category : Business & Economics
ISBN : 9780198719540
Investment treaties are some of the most controversial instruments of global economic governance. This book integrates legal, economic, and political perspectives to offer the first comprehensive analysis of the political economy of the investment treaty regime, and contextualises the investment treaty regime in its broader socio-economic context.
Author : David M. Beatty
Publisher : McGill-Queen's Press - MQUP
Page : 268 pages
File Size : 52,6 Mb
Release : 1987
Category : Law
ISBN : 0773506012
The entrenchment of a Charter of Rights and Freedoms in the Canadian constitution raises a host of fundamental issues, both theoretical and practical. As the American experience makes abundantly clear, expanding the focus of judicial review means that the symbiosis between law and politics will become more intimate and interwined than ever before. Putting the Charter to Work David Beatty investigates the extent to which judicial review offers a means to the enhancement of social justice in our community.
Author : Will Aitchison
Publisher : LRIS
Page : 292 pages
File Size : 40,7 Mb
Release : 2000
Category : Arbitration, Industrial
ISBN : 1880607174
Author : Katia Fach Gómez
Publisher : Springer
Page : 222 pages
File Size : 44,8 Mb
Release : 2018-10-31
Category : Law
ISBN : 9783319981284
This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector have dealt with a series of key arbitrator duties to date. In addition, it offers a range of feasible and well-grounded proposals regarding investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate the duty of diligence and integrity, which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training. Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.
Author : Sandra Christensen,Fraser Institute (Vancouver, B.C.)
Publisher : Unknown
Page : 136 pages
File Size : 48,9 Mb
Release : 1980
Category : Business & Economics
ISBN : STANFORD:36105039013565
Study of the growth and development of public sector trade unions in Canada - makes a comparison between private sector collective bargaining and wage determination methods for civil servants and public servants; discusses the right to strike, problems of interest dispute and arbitration, the definition of essential service and public interest, and relevant labour policy issues; suggests the abolition of bargaining in wages claims. Bibliography and statistical tables.
Author : Anonim
Publisher : Unknown
Page : 480 pages
File Size : 43,8 Mb
Release : 1986
Category : Industrial relations
ISBN : UCLA:L0061805404
Author : Christopher J. Bruce,Jo Carby-Hall
Publisher : Routledge
Page : 218 pages
File Size : 49,6 Mb
Release : 2021-03-04
Category : Law
ISBN : 9781000349221
First published in 1991, Rethinking Labour-Management Relations explores how the contemporary system of industrial relations developed and outlines proposals for a better alternative. The book examines the positives and negatives of three systems of industrial relations: a freely operating market for labour where workers bargain individually with employers; a strike-based system of collective bargaining; and, a compulsory arbitration system. It discusses how the strike replaced individual bargaining, highlighting the deficiencies in these respective systems and presenting arbitration as the more efficient and effective way of settling disputes. In doing so, the book emphasises the role of the parties involved in finding solutions and considers how government intervention could be kept to a minimum. Exploring a wealth of literature relating to compulsory arbitration systems around the world and formulating a set of criteria for establishing the best possible form of arbitration, Rethinking Labour-Management Relations will appeal to those with an interest in the history of trade union theory, public policy, and labour law.
Author : Mahmood Bagheri
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 51,9 Mb
Release : 2000-12-06
Category : Business & Economics
ISBN : 9789041198105
The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.
Author : Katherine Lynch,Katherine L. Lynch
Publisher : Kluwer Law International B.V.
Page : 480 pages
File Size : 40,5 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041119940
Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the transformative effect of economic globalization, the role of the epistemic community and the increased institutionalization within the international arbitral regime, the nationalization of international commercial arbitration and the denationalization and harmonization trends, the competitive nature of legislative reform, convergence and divergence in the international arbitral process, multilateralism and regionalism, market modernization and transnationalism, globalization and lex mercatoria, and the development of online arbitration schemes in cyberspace. This book seeks to analyze the inner penetration of a form of world polity or transnational order ? comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology ? on the traditional notion of state sovereignty within the international arbitral regime. The book will interest practitioners and academics with an interest in international commercial arbitration.