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Book Compulsory Arbitration  A tool to enable access to justice in the context of employment disputes involving international organisations

Download or read book Compulsory Arbitration A tool to enable access to justice in the context of employment disputes involving international organisations written by Ornella-Wendy Dzomo and published by Stämpfli Verlag. This book was released on 2023-12-06 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the years, international organisations' workforce has evolved and is now composed, in a large part, of individuals who do not hold the status of staff member but are de facto part of a contractual relationship of employment nature with these organisations. As a result, this category of individuals is barred from raising a claim against the organisation because they don't have access to remedies in place for staff members nor do they have access to national courts because of the principles of immunity of jurisdiction. This paper argues that creating an arbitration forum based on the concept of compulsory arbitration for the specific purpose of addressing claims of employment nature involving international organisations will afford a greater protection of the rights of this category of individuals and enable their access to justice.

Book Access to Justice in Arbitration

    Book Details:
  • Author : Leonardo de Oliveira
  • Publisher : Kluwer Law International B.V.
  • Release : 2020-11-17
  • ISBN : 9403506814
  • Pages : 421 pages

Download or read book Access to Justice in Arbitration written by Leonardo de Oliveira and published by Kluwer Law International B.V.. This book was released on 2020-11-17 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts – such as labour and employment, sports, and competition disputes, and those involving human rights violations – raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.

Book Compulsory Arbitration of International Disputes

Download or read book Compulsory Arbitration of International Disputes written by Helen May Cory and published by . This book was released on 1932 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Compulsory Arbitration

Download or read book Compulsory Arbitration written by Richard A. Bales and published by . This book was released on 1997 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Compulsory Arbitration

Download or read book Compulsory Arbitration written by J. Joseph Loewenberg and published by . This book was released on 1976 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparison of compulsory arbitration experience in Australia, Canada, the UK, Jamaica and USA - examines scope, procedures and impact. References and statistical tables.

Book The Use of Commercial Arbitration Rules in Investment Treaty Disputes

Download or read book The Use of Commercial Arbitration Rules in Investment Treaty Disputes written by Joel Dahlquist and published by BRILL. This book was released on 2021-03-15 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration, on the one hand, and rules originally drafted for commercial arbitration on the other. The Use of Commercial Arbitration Rules in Investment Treaty Disputes studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction when commercial arbitration rules are used. Based on extensive studies of court decisions and previously-unknown arbitral awards, Joel Dahlquist’s book analyses the practice of domestic courts in reviewing treaty-based jurisdiction, and explains how the two most used commercial arbitration institutions – the ICC and the SCC – have drafted, interpreted and applied their arbitration rules in treaty-based disputes.

Book Practising Virtue

    Book Details:
  • Author : David D. Caron
  • Publisher : Oxford University Press
  • Release : 2015-11-12
  • ISBN : 0191060372
  • Pages : 817 pages

Download or read book Practising Virtue written by David D. Caron and published by Oxford University Press. This book was released on 2015-11-12 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and dynamics - a transnational justice system rather independent of domestic and international law. In response to its growing importance and use by disputing parties, international arbitration has become increasingly institutionalized, professionalized, and judicialized. At the same time, it has gained significance beyond specific disputes and indeed contributes to the shaping of law. Arbitrators have therefore become not only adjudicators, but transnational lawmakers. This has raised concerns over the legitimacy of international arbitration. Practising Virtue looks at international arbitration from the 'inside', with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practise international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet. Putting those who practise arbitration into the centre of the system of international arbitration allows us to appreciate the way in which they contribute to the development of the law they apply. This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.

Book Best Practices in Resolving Employment Disputes in International Organizations

Download or read book Best Practices in Resolving Employment Disputes in International Organizations written by Annika Talvik and published by . This book was released on 2015 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Arbitration Guide

Download or read book The Arbitration Guide written by Raymond L. Britton and published by Prentice Hall. This book was released on 1982 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guide to procedures and practices regarding grievances and dispute settlement via arbitration in the USA - discusses voluntary and compulsory arbitration, the role of shop stewards, administrative law, financial aspects, labour court jurisprudence, etc.; includes labour legislation excerpts and a glossary of legal terms. Bibliography.

Book Compulsory Arbitration and Government Intervention in Labor Disputes

Download or read book Compulsory Arbitration and Government Intervention in Labor Disputes written by Herbert Roof Northrup and published by [Washington] : Labor Policy Association. This book was released on 1966 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: USA. Compulsory labour arbitration and other forms of government intervention in labour disputes. American and international experience in the fields of collective bargaining and dispute settlement. Use of mediation and conciliation. Effect on strikes and on trade union power. Many references.

Book Optional Rules for Arbitration Involving International Organizations and States

Download or read book Optional Rules for Arbitration Involving International Organizations and States written by Cour permanente d'arbitrage (La Haye). Secrétaire-général and published by . This book was released on 1996 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Adjudication of Interest Disputes

Download or read book Adjudication of Interest Disputes written by Franses Radai and published by . This book was released on 1983 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparison of compulsory arbitration systems for interest disputes in Australia, New Zealand, USA, Canada and Western Europe - covers institutional framework and mechanisms, experience, obstacles and theoretical issues; comments on collective agreements and labour legislation; and examines the feasability of introducing an adjudication system in Israel in the context of current legislative decrees and labour relations system. ILO mentioned. References.

Book Selected Articles on the Compulsory Arbitration and Compulsory Investigation of Industrial Disputes

Download or read book Selected Articles on the Compulsory Arbitration and Compulsory Investigation of Industrial Disputes written by Lamar Taney Beman and published by Palala Press. This book was released on 2016-05-07 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Book Arbitration in the Next Decade

Download or read book Arbitration in the Next Decade written by International Court of Arbitration and published by . This book was released on 1999 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Arbitration and Alternative Dispute Resolution

Download or read book Arbitration and Alternative Dispute Resolution written by Christophe Imhoos and published by UN. This book was released on 2001 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the acceleration of cross-border trade, business operators are exposed to new partners, countries and trade practices. New opportunities bring with them new risks, and dispute resolution is now accepted as being an important part of risk management. This publication sets out the different alternatives to State proceedings that may be used to prevent or settle business disputes in an international context.