pay the USD$250 million to the Malaysian based Company despite by court order on July 2012‚ by High Court Judge Belinda Ang which was followed by a three-day hearing‚ enforcing the awards made back in February 2010 by the Singapore International Arbitration Centre (SIAC)‚ upholding First Media to follow the payment procedures. It was mentioned that the lack of jurisdiction couldn’t be conjured by First Media to resist the enforcement of the awards as it had not chosen to appeal on the hearing three
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Week 4 Case Study – Arbitration Versus Class Action What Should the Judge Do? 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
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FOR AND IN CONSIDERATION OF the payments and mutual covenants set forth herein‚ KIM COOPER‚ as Mother and Legal Guardian of ALLISON A. McKENZIE‚ a Disabled Adult Person‚ for herself and for all next of kin‚ heirs‚ successors‚ agents‚ representatives‚ and assigns‚ and all other persons entitled to recover for personal injuries‚ bodily injuries‚ physical injuries‚ cognitive injuries‚ emotional injuries‚ mental health injuries or property or other damages sustained by them and ALLISON McKENZIE‚ (“Releasors”)
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‘Mediation is a process in which the parties to a dispute‚ identify the disputed issues‚ develop and consider alternatives with the intention of reaching an agreement with the aid of a mediator.’Mediation is commonly used in the Australian legal system to resolve disputes. There are many different types of mediation processes currently used in the Australian legal system such as models described by Boule; facilitative‚ Therapeutic and Evaluative. Other mediation type processes used currently in the
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The settlement conference is an informal proceeding with a judge that will not preside over the trial of the case. Further‚ it is not an adversarial hearing‚ but instead encourages cooperation of the parties in order to resolve the case. Consequently‚ each party will be required on make concessions if the case is to settle. This is much different than a trial where each party argues its case and then the jury decides who wins and loses. In contrast‚ no one at the conference will make a decision
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Geneva Convention — Arbitration and Conciliation Act‚ 1996 Introduction In the past‚ statutory provisions on arbitration were contained in three different enactments‚ namely‚ The Arbitration Act‚ 1940‚ the Arbitration (Protocol and Convention) Act‚ 1937 and the Foreign Awards (Recognition and Enforcement) Act‚ 1961. The Arbitration Act laid down the framework within which domestic arbitration was conducted in India‚ while the other two Acts dealt with foreign awards. The Arbitration and Conciliation
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Year 2013-2014 SUBMITTED BY:- SAMYAK SATYARANJAN TRIPATHY BBA-LLB (8th Sem‚4th year) 982092 Arbitration Agreement Agreement for the reference out of court to one arbitrator an agreement made on the 01 day of January 2012 between Rajat Gupta and Suniel Tiwari of etc. of the one part and Seema Gupta and Chinmay Tripathy of the other. Whereas by
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PRE-PRODUCTION STAGE IN INTERNATIONAL COMMERCIAL ENERGY DISPUTES? A case of Heritage Oil & Gas Ltd Vs Uganda Revenue Authority Abstract: What makes arbitrability a contentious issue in arbitration is the question of which matters can or cannot be arbitratable. The basis and indeed origin of arbitration is the freedom of contract between parties and the question of arbitrability arises in relation to the extent this freedom can be exercised. What about when the agreement affects others‚ is out
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INTERNATIONAL ARBITRATION (1) In an international commercial arbitration‚ parties usually involve a third party‚ i.e. someone who is neutral‚ (arbitrator) and the neutral party is entrusted with the responsibility of resolving the dispute. The authority of the arbitrator is derived not from a court system‚ but from the consent of the parties as stipulated in their contract‚ or mutual agreement. It is imperative to note here that the court can enforce the decision or ruling of the arbitrator
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McGill University Desautels Faculty of Management “Resolution of International Commercial Disputes” “Negotiation‚ Mediation and Arbitration” BUSA 433 September-December‚ 2012 Course outline Lecturer: Hodjat Khadjavi B.C.L.‚ LL.M. Email: hodjat.khadjavi@mcgill.ca Tel: (514) 924-2002 Classes: Tuesdays and Thursdays 1:05 – 2:25 PM Bronfman Building‚ Room 046 Office Hours: Right after class in room 501 or by an appointment preferably through email. Secretary: Ms. Linda Foster
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