combination of the two. The disputants are required to present their cases before the panchayat which will attempt to resolve the dispute. The working of the panchayat is such that it would be difficult to classify it as a mediator‚ a conciliator‚ an arbitral tribunal or a judicial body. While all disputes are heard by the panchayat it dons different forms‚ depending on the circumstances and the situation. If the facts disclose a clear legal obligation‚ it would act as a ‘judicial’ body to decide the rights
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CHAPTER- 2 CLASSIFICATION OF SOURCES OF INTERNATIONAL LAW 2.1. Classification of Sources of International law Source is found in the process by which it becomes identifiable as a rule of conduct with legal force and from which it derives legal validity. The various sources of international law are inferred from Article 38 of ICJ. Article 38 of ICJ states: The Court‚ whose function is to decide in accordance with international law such disputes as are submitted to it‚ shall apply : A. international
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the NAFTA? DECISION OF THE TRIBUNAL AND ITS REASONS The Tribunal rejected the claims raised by Thunderbird against Mexico in that it specifically and expressly stated that the facts for the issues raised do not support claims of expropriation so raised under Art. 1110. The general view was that the principle of legitimate expectation forms a part of‚ and is a subcategory of the inherent duty to afford a fair and equitable treatment under Art. 1105 of the NAFTA. The Tribunal‚ by virtue of a majority
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the base of entitlement to both the EEZ and the CS within 200 nautical miles‚ the privileged role of equidistance was firmly oppose by the ICJ and dissenting judges. The privileged condition of equidistance method was degrade by the ICJ and arbitral tribunals‚ it was contemplate as a method which in some cases may precede to inequitable and irrational results. In the majority of cases‚ it was stated that equidistance was not a obligatory rule of law‚ but simply one method among others and it was
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INTERNATIONAL COMMERCIAL ARBITRATION RESEARCH PAPER RESEARCH TOPIC: ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION IN INDIA: ISSUES AND CHALLENGES IN INTERNATIONAL COMMERCIAL ARBITRATION. TUTOR NAME: PROFESSOR DR. FRANCIS JULIAN STUDENT NAME: GAURAV SHARMA INTRODUCTION Foreign direct investment (FDI) has played an important role in the process of globalization in India during the past two decades. Despite the increasing inflow of foreign capital in the Indian economy‚ India’s
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mediation in indiaROLE OF MEDIATION IN INDIA NAME- ANAND KUMAR SINHA CLASS- BBALLB‚ SEC-C 1ST YEAR ROLL NO: 272 WHAT IS MEDIATION? Mediation is a form of intervention
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Arguments xvii Arguments Advanced 1 I. The Tribunal has jurisdiction over Respondent 1 under settled principles of arbitration law and in any event‚ the corporate veil between Respondent 1 and Respondent 2 must be lifted. 1 A. The Tribunal has the authority to determine its own jurisdiction. 1 B. Respondent 1 is bound to the arbitral proceedings. 2 1. The corporate veil between Respondent 1 and Respondent 2 must be lifted to bind Respondent 1 to the arbitral proceedings. 2 2. Respondent 1 is bound
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registered as a universal method of permission of the international economic disputes. Its value thoroughly raised just during the period when international trade started developing. Any country without addiction is interested in development of arbitral proceeding. It is necessary to notice that it is defined by numerous advantages of the arbitration court which are rather in detail described in special literature which is devoted to arbitration legal proceedings‚ and are approved in jurisdictional
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complex interaction of the applicable procedural law (the lex loci arbitri) and the substantive law applicable to the contract (the lex contractus). If the arbitration law does not allow for the adaptation or gap-filling by the arbitrator‚ an arbitral tribunal acting under this law may not proceed to adapt the contract before it‚ even if the applicable substantive law allows for contract adaptation‚ unless this procedure may be qualified as a mere construction of the contract under the applicable law
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This paper will critically review the major opposing perspectives on arbitration and industrial relations‚ with particular attention to how government regulation and intervention relate to the changes made to the system after 1996. The major focus of this brief paper will be to demonstrate that Howard ’s industrial relations policies resemble those of the late 1800 ’s‚ where the Master and Servant Act ’s regulated the relationships between employer and employee. These were replaced with the introduction
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