University of Strathclyde Law School RESOLVING CONSTRUCTION DISPUTES THROUGH ARBITRATION: AN OVERVIEW OF TANZANIAN LEGAL FRAMEWORK By George Mandepo Reg. No. 200957963 Supervisor: Dr. Bryan Clark Dissertation Submitted for the Degree of LLM in Construction Law‚ September 2010. George Mandepo Reg. 200957963 DECLARATION AND COPYRIGHT This thesis is the result of the author’s original research. It has been composed by the author and has not been previously submitted for examination
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Introduction Courts are over bounded with a large number of cases and their disposal takes long time. Therefore a need was felt for a faster dispute resolving mechanism. That’s why “Arbitration Act” was provided with a view to give speedy justice to the people and also to avoid unnecessary court case expenses. It is an informal dispute settlement mechanism. Bangladesh has recently enacted a new arbitration law‚ known as “The Arbitration Act‚ 2001. The Act came into force on April 10‚ 2001. The Act
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International Court of arbitration‚ the independent arbitral body attached to the ICC will determine the three arbitrators”. “The Dutch National Broadcasting Company and Paine Webber Jackson Incorporation shall appoint the panel of three arbitrators within 30 days of the commencement of arbitration.” The Applicable Law Under Article 21(ICC) Rules of Arbitration‚ 2012 ‚ the parties shall be free to agree upon the rules of law to be applied by the arbitral tribunal to the merits of the dispute. In the absence
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Discussion Problem 1: An Australian construction company‚ A Co‚ wishes to tender for a major building project in a developing country (D Co) that is run by a military dictatorship favorably disposed towards international business. The tender is organized by the Ministry of Planning. A Co needs to undertake an expensive feasibility study to be in a position to tender. It enters into negotiations with Ministry officials both in Australia and in D Co to gain assistance in conducting the study
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ADR in Bangladesh During the Hindu period in ancient India‚ Hindu society‚ institutions and beliefs gradually developed and define shape was given to them. Many important beliefs and doctrines of today are deep-rooted in the Hindu ideology; one of those is Alternative Dispute Resolution. In villages‚ the local village councils or kulani‚ similar to modern panchayats‚ consisted of a board of five or more members to dispense justice to villagers. It was concerned with all matter relating to endowment
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contracts‚ including the formation‚ interpretation‚ breach or termination thereof‚ including whether the claims asserted are arbitral‚ will be referred to and finally determined by arbitration in accordance with the AAA International Arbitration Rules. The tribunal will consist of three arbitrators. The place of arbitration will be San Jose‚ CA. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrators may be entered by any court having jurisdiction
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ALTERNATIVE DISPUTE RESOLUTION IN INDIA (ADR) In a rapidly developing society human needs are bound to multiply resulting into conflict of interests. People become more conscious about their individual rights and litigation becomes an inevitable part of their life due to rising incidence of disputes among them. The problem is further compounded when there is lack of discipline in the litigation process an judicial mechanism finds it difficult to cope up with the enormous caseload. Particularly
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of relations between legal orders or legal systems? Or in terms of normative interactions? Although I do not pretend to give definitive answers to these broad questions‚ I will keep them in mind when trying to describe the areas in which ICSID tribunals resort to the jurisprudence of the World Court—a term which I take to include the International Court of Justice (ICJ) and its predecessor‚ the Permanent Court—and the way they do it. First‚ a preliminary question: why not ‘the ICSID jurisprudence
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Arbitration as a method of Industrial Dispute Resolution - A Critical Analysis CONTENTS ❑ Introduction ❑ Provision Of Section – 10-A of I.D. Act‚ 1947 ❑ Reference To An Arbitrator ❑ Arbitrator: Whether a Tribunal ❑ Civil Suit Barred ❑ Arbitral Award And Its Finality ❑ Role Of Umpire ❑ Publication Of The Arbitration Agreement ❑ Jurisdiction Of Arbitrator ❑ Employers And Workmen Who Are Not Parties ❑ Prohibition To Continuance Of Strikes
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WRITING SAMPLE Kiho Kim 101 Cherry Ave. Bethpage‚ NY 11714 (070) 8624-1462 The attached writing sample is an excerpt from a research paper submitted for the international business transaction course of Hofstra School of Law. This research paper addresses potential controversies arising from the investment provisions of KOR-US FTA‚ particularly focusing on indirect expropriation claims under KOR-US FTA. The beginning chapter provides a brief history of expropriation provisions in bilateral
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