Suchergebnisse

Die völkerrechtshistorische Studie beschäftigt sich mit den Auswirkungen des Ersten Weltkriegs in Deutsch-Südwestafrika (Namibia) und Angola.

PurposeThe purpose of this paper is to identify the determinants of arbitrator acceptability and investigate whether the perceived costs of arbitration moderate the relationship between arbitrator acceptability and arbitrator characteristics in international commercial arbitration.Design/methodology/approachA two-stage analytic process is used to test the dimensionality, reliability and validity of each construct and then the proposed hypotheses.FindingsThe findings show that the five constructs of arbitrator characteristics – reputation, practical expertise, legal expertise, experience and procedural justice – statistically significantly explain arbitrator acceptability. Moreover, perceived cost of arbitration moderates the relationship between arbitrator acceptability and arbitrator characteristics. However, the moderating effect of perceived costs of arbitration is not equal across characteristics.Research limitations/implicationsKnowledge regarding potential moderators of the strength of the indicators of arbitrator acceptability will be useful to future researchers in determining which variables to study in arbitrator selection research.Practical implicationsUseful guidelines in the selection of an international arbitrator are proposed.Originality/valueThis study contributes to arbitrator acceptability literature through the suggestion of a hypothesized model of arbitrator acceptability with auxiliary hypothesis of reputation in international contexts. In addition, this study investigates the moderating role of perceived cost of arbitration on the relationship between arbitrator acceptability and arbitrator characteristics.

The boundary dispute between India and Pakistan in the Rann of Kutch case is one of the major instances of international arbitration in the postwar period.The object of the ad hoc Tribunal was to determine a sector of the boundary between India and Pakistan in the southwestern region of the Indian subcontinent between what in British times was Sind, now forming part of the Islamic Republic of Pakistan, and the State of Kutch and other Native Indian States, which now form part of the Province of Gujarat in the Republic of India. The length of the boundary eventually established by the Tribunal was about 255 miles. The disputed territory, the area of which has been estimated to be 3,500 square miles, consisted for the most part of a portion of a tract known as the Great Rann of Kutch, or the Rann.

"In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the tangible and sensitive problem of the renegotiation of state contracts, and the relationship between those contracts and the overarching international investment treaties. By bringing novel insights from economics, the author deconstructs and decodes the contract-treaty interaction by showing that it is not only treaties that have an impact on the underlying contracts, but also those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, the author shows instead that such contracts are first and foremost "economic animals" and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction"--

This article deals with the novelties of the reformed procedural legislation of Ukraine on appealing the decision of arbitration court and international commercial arbitration, as well as on new approaches to determining the legal nature of the proceedings in cases of appealing arbitration awards.

At the same time, this study shows that the specific practical problems of a unified approach to terminology absence, in particular, "appeal" by arbitral tribunal or "challenge" by international commercial arbitration, still remain. In this article the problems of determining the objects of appeal and the expansion of the range of subjects of appeal against the decisions of arbitral tribunals, as well as the disputable issues, determining the jurisdiction of this category of cases are also considered. Special attention is paid to the examining the procedure for reviewing applications for annulment of decisions of the arbitral tribunal and international commercial arbitration, in particular the initial stage of production, time limits for challenging the arbitration award.

Taking this into account, authors identify the ways to resolve the abovementioned practical problems, as well as the prospects for further reform of the judicial review institution over the enforcement of arbitral tribunals and international commercial arbitration decisions. In conclusion, authors prove, that the activity of national courts does not include the revision of the decisions of arbitration courts and international commercial arbitrations, since national courts do not check the legality and validity of the decisions; they do not review the substantive decision.

In this case we consider a special mechanism for the control over the abuse of arbitrators' powers granted to them by law and by the parties to the arbitration agreement during the dispute resolution.The purpose of an appeal is to provide the interested party with the opportunity to apply limited judicial review of the arbitral award.