Download or read book Administrative Law Judge Decisions Report written by United States. Federal Labor Relations Authority and published by . This book was released on 1983 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Arbitration Fairness Act of 2007 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2009 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fairness and Voluntary Arbitration Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2000 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Arbitral Discretion and Procedural Autonomy written by Adams Rajab Makmot-Kibwanga and published by GRIN Verlag. This book was released on 2019-02-14 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Document from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A, , course: MASTER OF LAWS IN OIL AND GAS, language: English, abstract: The question this paper seeks to address is whether arbitral discretion, by freewheeling, addresses the issues raised without compromising procedural autonomy. It is important to explain what procedural autonomy means before delving into the discussion. Simply put, procedural autonomy means set procedures based on independent rules and norms followed over time and respected and recognised as such without being questioned by the parties that subject themselves to them. In arbitration, it may refer to arbitration rules set by a tribunal system or the national legislations regulating arbitration in a particular legal jurisdiction. By and large, it is the whole philosophy of having pre-determined rules and norms that the arbitrators are discouraged from departing from during the process of arbitration. This does not mean that the arbitrators cannot exercise their discretion. In fact, the whole arbitration process is based on discretion, but rather that the discretion must be exercised within a known procedural framework. Since arbitral discretion deals with procedural matters as well it is often the practice of arbitrators to decide on the issues involved at pre-trial. Such pre-trial issues may include discovery of documents, admission evidence and raising of issues for determination. On the face of it the arbitrators may employ their discretion to decide how much of which evidence to be taken meanwhile faced with a challenge to decide which arbitration model to employ in conducting the pre-trial engagement if the parties are from two or more conflicting arbitration jurisdictions.

Download or read book Administrative Dispute Resolution Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations and published by . This book was released on 1990 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Arbitration in Administrative Contracts written by Ching-Lang Lin and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While arbitration has traditionally been considered as a means to resolve private disputes, its role in disputes involving administrative contracts is a crucial question in administrative law. In brief, the three specific questions are (1) Can arbitrators or arbitral tribunals decide issues involving administrative law? and (2) Is there, or should there be, any limitation on the authority of arbitrators or arbitral tribunals? (3) Moreover, after the issue of an arbitration award, what role should the State play in the judicial review phase? The first question, the issue of arbitrability, is discussed in part 1 (FIRST PART: ARBITRABILITY). The second question will be discussed in part2 (SECOND PART: PARTICULAR QUESTIONS OF ADMINISTRATIVE MATTERS IN ARBITRATION PROCEDURE). Finally, on the question of what happens after the arbitration award, we will discuss judicial review in part 3 (THIRD PART: JUDICIAL REVIEW AND EXECUTION OF ARBITRATION AWARD). We compare legal systems between the four countries: in France, in Canada, in China and in Taiwan. We believe that an administrative contract, at least in its function and conception, is gradually becoming different from a private contract. Innovation with respect to administrative contracts will also reflect the concentration and function of the administrative litigation systems in each country. In addition, the “objective” or “subjective” function of administrative litigation will also affect the degree of arbitrability, as well as arbitration procedures. Taken together, arbitration will be more acceptable in systems whose function is more “subjectively oriented” than in those whose function is “objectively oriented". Finally, “the arbitration of administrative matters” traditionally has been an important question in administrative and arbitration law. In the future, we will continue to see it shine in the doctrine and jurisprudence of both the administrative and arbitration law fields.

Download or read book Mandatory Binding Arbitration Agreements written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book State Liability in Investment Treaty Arbitration written by Santiago Montt and published by Bloomsbury Publishing. This book was released on 2009-11-30 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law. We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed. State Liability in Investment Treaty Arbitration is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause. This title is included in Bloomsbury Professional's International Arbitration online service.

Download or read book Automobile Arbitration Fairness Act of 2008 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2009 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Mandatory Binding Arbitration written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2010 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Alternative Dispute Resolution in European Administrative Law written by Dacian C. Dragos and published by Springer. This book was released on 2014-09-19 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.

Download or read book Administrative Dispute Resolution Act of 1989 written by United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management and published by . This book was released on 1990 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Federal Arbitration Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2010 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Trade Law and the Arbitration of Administrative Law Matters written by Ronald A. Brand and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With support from the executive branch, Congress, and the courts, arbitration has become an increasingly popular method of international dispute resolution. While agreements to arbitrate traditionally were frowned upon, particularly when the dispute involved certain “public law” or “statutory” matters, the situation has changed dramatically in the past few decades. United States courts now routinely order arbitration of disputes implicating important policy issues in securities, antitrust, Racketeer Influenced and Corrupt Organizations (“RICO”), and employment law matters. By the end of the 1980's, the presence of a public or “statutory” issue seemed no longer to be a distinguishing factor; arbitration, when selected by the parties in a binding agreement, would be the method of dispute settlement. Just as most legal trends met with limitations, in 1992 this liberal enforcement of arbitration agreements was rejected by the United States Court of Appeals for the Federal Circuit in Farrel v. United States International Trade Commission. The Farrel decision is troubling for those who believe contracting parties should have unlimited autonomy to select arbitration as a form of dispute settlement in international transactions...Farrel compels further consideration of the relationship among private dispute settlement arrangements, national laws governing international trade, and sovereign international trade obligations. This commentary begins by reviewing the background of U.S. law regarding enforcement of arbitration agreements, against which the Farrel decision must be considered. It then addresses Farrel's effect on substantive trade law issues. Finally, it concludes that Farrel raises serious concerns about U.S. compliance with GATT obligations and U.S. courts' future practice in dealing with those obligations.

Download or read book Litigation in the Netherlands written by Marieke van Hooijdonk and published by Kluwer Law International B.V.. This book was released on 2009-02-24 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the ideal way for a foreign lawyer to get in touch with litigation practice and procedure in the Netherlands. Whether a lawyer comes to Dutch litigation in the normal course of business, or whether the brief and inexpensive kort geding (preliminary relief proceedings) is the main attraction, this concise guide provides a solid understanding of the practical implications of Dutch litigation

Download or read book Arbitration Process of the National Football League Players Association written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2007 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Public Administration and Law written by Julia Beckett and published by Routledge. This book was released on 2015-02-12 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Administration and Law has been edited for use as a supplement for an undergraduate or MPA level course on administrative law. The selections, all from the pages of Public Administration Review, have been chosen to enlighten and enliven the contents of any standard administrative law textbook. Each of the book's main sections begins with introductory text and discussion questions by the volume editors, Julia Beckett and Heidi Koenig, followed by relevant readings from PAR. The book's contents follow the standard pattern established by the field's major textbooks to facilitate the instructor's ability to assign readings that illuminate lectures and text material. The book concludes with two invaluable resources - a bibliography of 65 years of PAR articles concerning public law, plus a bibliography of law-related articles appearing in other journals published by ASPA.