Preview

Kauffman T M1 A3

Powerful Essays
Open Document
Open Document
943 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Kauffman T M1 A3
APPLICATION OF INTERNATIONAL LAW

Application of International Law
Toni T. Kauffman
BUS212
Professor Miller
Argosy Online University

Business Law and Corporate Ethics
@2013 Argosy University APPLICATION OF INTERNATIONAL LAW The various laws that govern arbitration in the United States and Russia are as follows: New York Convention, Federal Arbitration Act, Panama Convention, UNCITRAL Model Arbitration Law, Uniform Arbitration Act, and Revised Uniform Arbitration Act. An arbitration is accepted as a method of dispute resolution in a legal community. Having an exceptional system is held by the United States and with the large number of judicial decisions. All foreign arbitration agreements, no matter what type of dispute or citizenship comes from the New York Convention. The exchange will occur from restrictions that other countries use to carry out the awards to everyone else but the parties ' nationalities. Many states have cut back on the applications to legal relationships called " commercial " that are in accordance to the respective states laws. An important note is that the United States has said it will utilize the New York Convention to acknowledge and command accomplishments held in another state 's territory. The New York Convention has been set apart as one of the most auspicious components in place advocating international trade, while essentially pinpointing the standard, instead of the conduct of the proceedings. The Federal Arbitration Act controls both the federal and state level laws. Regardless, if the dispute is international or domestic, it is held by a single standard. This particular act does not expound the arguments subjected to arbitration. Both sides must agree of said arbitration when setting the foundation as it is written in this act. The determination is to coerce the account for the arguments handled in the state 's legislative accomplishments.
APPLICATION OF



References: Arbitration in Russia (2013) Retrieved from http://www.arbitrations.ru/en/dispute-resolution/arbitration-in-russia.php Arbitration (2003) Retrieved from http://legal-dictionary.thefreedictionary.com/arbitration The Supreme Arbitration (Commercial) Court of the Russian Federation Retrieved from http://www.arbitr.ru/eng/sac/ The Federal Arbitration Act Retrieved from https://www.ilr.cornell.edu/alliance/resources/Legal/federal_arbitration_act.html Business Law and Corporate Ethics @2013 Argosy University

You May Also Find These Documents Helpful

  • Good Essays

    The arbitrator decides the rules, weighs the facts and arguments of both parties, and then decides the dispute. Arbitration may be voluntary or mandatory. ( naca.net)…

    • 527 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Law421/ week 5 final team

    • 546 Words
    • 2 Pages

    Before taking legal action against a foreign business partner it is important to take into consideration different laws, political situations, prevailing international laws, and cultural influence have a major impact on international markets. Usually, international arbitration is the most appropriate venue to resolve any disputes between both companies. It is also important to factor in issues such political climate and sublicensing when making decisions as these could drastically affect an international partnership.…

    • 546 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Arbitration is a relatively fast way to arrive upon a decision when two parties are in a dispute. Arbitration has definite benefits such as being flexible and not as formal as a traditional courthouse. Usually, arbitration can be scheduled quicker and with less working parts than a trial. In rare instances, if all parties involved come to an agreement, arbitrators can sometimes create rulings that judges are not allowed to decide. In arbitration, both sides present all evidence to an arbitrator in efforts to prove each side’s case. The arbitrator reaches a final verdict and decides whom the winners and losers are. An arbitrator does the job that a traditional judge or jury would normally do in court if the matter escalated to that point (Hill…

    • 997 Words
    • 4 Pages
    Better Essays
  • Better Essays

    A few things that can happen when resolving legal disputes in international transactions is a choice of law and jurisdiction. Many countries…

    • 969 Words
    • 4 Pages
    Better Essays
  • Better Essays

    The fact is that domestic law has nothing to do with international law and companies should be ready to face any issue that could appear. The second week material offered more information on how to handle international issues. The forum selection is the most important thing to do when trying to avoid future conflicts of law. Litigation and arbitration are the best options for organizations involved in international disputes. Legal advice or counseling is a useful resource that could help avoid confusions and setbacks in the future; it is always better to be…

    • 1256 Words
    • 6 Pages
    Better Essays
  • Good Essays

    ISSUE: Hooters management filed a lawsuit to compel Phillips to arbitrate a sexual claim that she threatened to take to court. According to Arbitration Act 9 U. S. C. §4, Phillips signed an agreement showing her acceptance to resolve all employment-related disagreement through arbitration. Should the courts compel Annette Phillips to consider arbitration?…

    • 447 Words
    • 2 Pages
    Good Essays
  • Good Essays

    When resolving legal disputes in international transactions, the issues involved should include international arbitration. International laws and cultural differences vary so there is an importance for a reputable third…

    • 696 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    M1A3

    • 337 Words
    • 1 Page

    Since the price is somewhat moderate, the demand for the product rises, but the amount of product supplied is not enough to go around. Lower price means higher quantity.…

    • 337 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    In general, U.S. courts have long favored enforcement of arbitration awards. As the Second Circuit noted in Diapulse Corp. of America v. Carba, Ltd. 37 a case decided under the Federal Arbitration Act, [t]he purpose of arbitration is to permit a relatively quick and inexpensive resolution of contractual disputes by avoiding the expense and delay of extended court proceedings.... Accordingly, it is a well-settled proposition that judicial review of an arbitration award should be, and is, very narrowly limited. 38 As another court has expressed this view, "[lt is not the function of a district court to review the record of an arbitration proceeding for mere errors of law or fact."'39 These public policy concerns apply with even greater strength…

    • 239 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The “Addressing International Legal and Ethical Issues” simulation discusses the contract between a US pharmaceutical company called CadMex Pharma and a company called Gentura in the country of Candore. When international agreements are made, the company has to make sure that the contract is legal and the terms will be enforced. Defining contract terms explicitly is very critical. For example, deciding which laws will govern the business decisions (local, American, or popular international), and the Forum Selection Clause where the type of dispute resolution is specified. International arbitration is the most commonly used contract dispute resolution because it’s cheaper and business can go on as usual while the dispute is in arbitration.…

    • 526 Words
    • 3 Pages
    Good Essays
  • Good Essays

    1. The judge should let the arbitration proceed as Mr Groetsch has the right to pursue any action that he believes is necessary to advance his claim. Class action suits normally take longer to prosecute because attorneys want to find and represent as many claimants as possible. Attorneys handling the litigation receive a substantial fee from the compensation settlement whereas the cost of arbitration is minimal. Litigation also requires court fees as well as attorney costs while arbitration may only require the cost of a personal attorney and the fee for the arbitrator. Class action lawsuits are argued in a court of law and may require an extensive amount of time to present evidence and testimony. Arbitration, however, is conducted privately between the two parties and an arbitrator. (All Business 2012 ). The process is more informal and limited evidence is presented. The process can begin as soon as an arbitrator is selected and may only require a short time for resolution. Mr Groetsch may receive a bigger award from his arbitration than the members of the class action suit and his award may set a precedent for the pending litigation giving attorneys addition evidence for their case. The fact that the others may only receive 10 cents on the dollar is irrelevant since they chose to pursue litigation rather than arbitration.…

    • 894 Words
    • 4 Pages
    Good Essays
  • Good Essays

    ARTICLE XVII GRIEVANCE AND ARBITRATION PROCEDURE states Section 2. Step 3. 4) The arbitrator shall not have the authority to amend or modify…

    • 1103 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    In the event that the dispute is not settled during mediation, an arbitration clause will follow. If the dispute cannot be settled within 48 hours after the mediator has been appointed, the dispute will be referred and resolved through arbitration. This clause will be enforced for members who denied mediation and members who were unable to reach an agreement during mediation. The mediator will not be allowed to serve as the arbitrator in arbitration, due to possible bias being present because of intimate information received during mediation. The role of arbitrator will be appointed by all team members, excluding persons with previous or current involvement in the dispute. The arbitrator’s decision shall be final and binding. In the event that a member fails to proceed with arbitration, challenges the…

    • 352 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In the United States we have what is referred to as a dual court system. A dual court system is a judicial system comprising federal and state level judicial systems. The dual court systems separates federal and state courts. According to our book a dual court system is advantageous and desirable because it is parallel to federalism. Federalism is a system of government where power is constitutionally divided between central governing body and various constituent units. In the United States, the federal government makes laws, but federalism also gives the states power to make their own laws (Siegel, Schmalleger, & Worral, 2011). Cooperative Federalism means that some lines between federal and state power are blurred. Article 1, Section 8, of the U.S. Constitution gives the federal government the power to regulate interstate commerce, but this authority has been interpreted broadly such that the federal government can control much of what happens at the state…

    • 949 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The Legislative Branch

    • 1386 Words
    • 6 Pages

    A. The first step in the legislative process is the introduction of a bill to Congress.…

    • 1386 Words
    • 6 Pages
    Better Essays

Related Topics