Search results

Arbitration certainly plays a pivotal role in characterizing commercial relations that are of various kinds among individuals, and this, in turn, leads to make arbitration clause contained within contracts so as to settle disputes created by such contracts. It, in a way or another, aims at preventing litigants from recourse to a court of law. Instead, litigants should be fully committed to refer their disputes to a well-trusted arbitrator whose responsibility is to adjust their de facto or potential dispute, and should also be committed to put the arbitrator's judgment into effect. This paper sheds some light on determining the principle of power of arbitration agreement when an original contract is prepared. It provides the definition, the concept and the legal foundation of power of arbitration agreement.

Arbitration — Jurisdiction — United Nations Convention on the Law of the Sea, 1982 — Part XV and Annex VII — Dispute Settlement Mechanism — Existence of a dispute — UNCLOS Article 288(1) — Extent of jurisdiction — Whether extending to allegations of breaches of human rightsArbitration — Admissibility — United Nations Convention on the Law of the Sea, 1982 — Part XV and Annex VII — Standing of flag State to invoke responsibility of coastal State — UNCLOS Article 49(3) — Diplomatic protection — Exhaustion of local remedies — Whether applicant's claims being preponderantly for direct or indirect injury — Effect of settlement agreement between respondent and third party — Requirement to exchange views — UNCLOS Article 283Arbitration — Applicable law — United Nations Convention on the Law of the Sea, 1982 — Part XV and Annex VII — Whether arbitration tribunal empowered to apply international human rights law — UNCLOS Article 293 — Requirement of reasonableness — Necessity and proportionality — UNCLOS Article 300 — Good faith — Abuse of rightsDamages — Compensation — Material damage for lost earnings, value of cargo, payment to secure release of vessel, vessel repairs, classification expenses, administrative expenses, reputational losses — Non-material damage for prosecution and detention of persons — Quantum of compensation deferred — Declaratory judgment — Finding of wrongful conduct — No formal apology requiredEnvironment — Marine pollution — UNCLOS Article 225 — Risk to marine environment — Ship-to-ship transfer of oilSea — Archipelagic waters — UNCLOS Article 49(3) — Sovereignty of coastal State — Right of coastal State to enforce domestic law — Measures must be reasonable — Principles of necessity and proportionality applySea — Arrest and detention of vessel — UNCLOS Article 94 — Right of flag State to notice of arrest and detentionSea — Innocent passage — UNCLOS Article 25(1) — Right of coastal State to prevent non-innocent passage — Inapplicability to vessel not engaged in passage96Sea — Territorial sea — UNCLOS Articles 2(3) and 49(3) — Distinction between enforcement jurisdiction of coastal State in territorial sea and in archipelagic waters

Preliminary Material /E. Gaillard -- Introduction /E. Gaillard -- Chapter I. The Representations Of International Arbitration /E. Gaillard -- Chapter II. The Consequences Of The Representations Of International Arbitration /E. Gaillard -- Conclusion /E. Gaillard -- About The Author /E. Gaillard -- Bibliography /E. Gaillard -- Table Of Abbreviations /E. Gaillard -- Index /E. Gaillard.

The popularity of arbitration as a mechanism for settling disputes between transnational contracting parties has led to standardization in many areas of arbitration law and procedure. One important aspect of the arbitral process, however, the practice of awarding compensatory interest, has been left behind in the march toward uniformity. To date, arbitral tribunals have failed to adopt a rational and uniform approach for evaluating interest claims. Consequently, resolving interest claims is often an expensive and time-consuming process, fraught with uncertainty, which typically results in inconsistent arbitral awards. This result is particularly problematic in the international arbitral arena: such claims often involve millions of dollars, and because a lengthy period may elapse between the origin of the dispute and the final award, whether an arbitrator awards interest may be as significant, from a monetary standpoint, as the principal claim itself.

While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticised for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-state arbitration

While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticised for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-state arbitration