ICSID Review‚ Vol. 28‚ No. 2 (2013)‚ pp. 223–240 doi:10.1093/icsidreview/sit022 Published Advance Access September 4‚ 2013 2013 LALIVE LECTURE The Case Law of the ICJ in Investment Arbitration Alain Pellet1 The topic of this Lalive Lecture is austere. But it has the merit of opening wider perspectives than it seems at first glance. Through the prism that I have chosen‚ we can‚ I think‚ address interesting doctrinal issues which are not devoid of practical consequences: what is the
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employee had no sick leave available‚ how were the employees damaged? Carrell & Heavrin (2013‚ p. 438) states that “past practice is recognition of the bargaining history of the two parties involved in a dispute to determine their respective rights in arbitration.” Based on this information‚ I think that it would be applicable in this situation. However‚ in my opinion‚ the employees were not damaged. The reason is because the employees were still able to use compensatory time as sick time. The only
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other than by litigation. Public courts may be asked to review the validity of ADR methods‚ but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. The two major forms of ADR are arbitration and mediation; but we can also mention others such as settlement conferences‚ neutral evaluation. Throughout our work we will demonstrate and develop an ADR clause that will help to increase our knowledge in this topic. Various Forms of ADR Alternative
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Chapter 1 Introduction to International and Comparative Law Case 1-1. IGNACIO SEQUIHUA V. TEXACO INC. ET AL. United States District Court for the Southern District of Texas‚ 1994. FACTS: Plaintiffs‚ Ecuador residents‚ filed suit in Texas over alleged environmental damage in Ecuador. Plaintiffs pray for money damages‚ an injunction to clean up‚ and a court-administered trust fund. Defendants bring motions to dismiss. ISSUE: Should the court decline to exercise jurisdiction based on the doctrine
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w 1. | | | In deciding a case‚ a court will not use common law if there is a statute that applies to the dispute. | | Student Response | Value | Correct Answer | False | 0% | True | | Score: | 0/2.5 | | | 2. | | | Dicta is another term for “controlling precedent.” | | Student Response | Value | Correct Answer | False | 100% | False | | Score: | 2.5/2.5 | | | 3. | | | One of the important powers of courts in the United States is to
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International Issues Aimee Head LAW/421 September 9‚ 2013 Kathryn Harris Abstract No two countries have the same political and legal system. Each country has its own laws and regulations on business and products. When doing business in another country it is important to know the laws and abide by them. Culture plays a huge part in a business’s success when venturing into a foreign market. Being sensitive to the cultural and religious beliefs in that country is important to a business’s long
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CONTENT Chapter 1 Introduction………………………………………………..3 1.1 Aims and Objectives…………………………………………………………….3 1.2 Introduce the international human resource management………………….3 Chapter 2 the impact of national culture……………………………4 2.1 What is culture? .................................................................................................4 2.2 National culture…………………………………………………………………..5 2.3 Strategic human resource management in multinational companies………7 2.3.1the strategic planning process
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Implementation by the “losing” Member With the DSB’s adoption of the panel (and Appellate Body) report(s)‚ there is now a “recommendation and ruling” by the DSB addressed to the losing party (in the case of a successful violation complaint) to bring itself into compliance with (WTO) law or (in the case of a successful non-violation complaint) to find a mutually satisfactory adjustment. Article 3.7the DSU states that in the absence of a mutually agreed solution‚ the first objective of the dispute
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Commercial/Consideration part 6. Clause on Notice period 7. Termination clause 8. Effect of termination 9. Obligation of parties 10. Indemnity 11. Confidentiality 12. Force majeure 13. Intellectual property rights 14. Severability 15. No partnership 16. Arbitration/Dispute resolution 17. Jurisdiction 18. Modification/Amendment clause Ref: http://lex-warrier.in/2013/05/agreement-under-indian-contract-act/ A contract may be defined as an agreement between two or more parties that is intended to
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the court. They are experienced in their fields and use ADR to assist in bringing justice to all people concerned in the matter. There are many types of ADR‚ however I will mention the most common which are; conciliation‚ negotiation‚ mediation‚ arbitration and ombudsman. They all aim at dealing with disputes in a quick and cheap way. In some cases‚ a decision can be achieved with in a day if the people involved in a dispute agree to the outcomes of the ADR used. In other wards‚ it will be as fast
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