Nobody downloaded yet

The Limited Jurisdiction of International (Investment) Arbitral Tribunals - Research Paper Example

Comments (0) Cite this document
Summary
This essay treats on arbitration, the dominant form of international dispute resolution, and the limited jurisdiction, or legal authority, of international arbitral tribunals. The researcher states that arbitration is the usual means of settling international disputes. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.4% of users find it useful
The Limited Jurisdiction of International (Investment) Arbitral Tribunals
Read TextPreview

Extract of sample "The Limited Jurisdiction of International (Investment) Arbitral Tribunals"

Download file to see previous pages The present research has identified that arbitration is an out-of-court procedure and is resorted to when parties are unable to arrive at an agreement of their own accord, and requires the intervention of a third party.  Should even this fail, then litigation is the next logical step, a measure most parties would prefer to forego because of the time and finances required to pursue court action. Most parties with a commercial dispute would prefer to subject their dispute to arbitration proceedings, for the following reasons: (1)  Arbitration, being a private process, does not generate the unwanted publicity a court case does, which high profile businesses would prefer to avoid; (2) Arbitration allows for parties to select their own arbitrator, or arbitrators, which is not possible in legal actions. The arbitrator, or arbitrators if more than one is chosen, may be selected for this skill and expertise in the particular legal field; (3) Arbitration proceedings, substance, and results are more flexible, and because it is so adaptable, it moves the process along more quickly and efficiently, and the outcome is acceptable to both parties, precluding a lengthy appeals process; (4) Arbitration fosters continuity. While regular tribunals handle several cases simultaneously, and the case moves through several tribunals through the appeals process, arbitrators usually attend to a case from its start to its final resolution. It must be kept in mind that arbitration agreements may allow dispute settlement based on extra-legal standards, and thus the arbitration tribunal tasked to decide the arbitration case does not operate as a regular court. Its authority is therefore conditioned upon the consent of the parties, and ends upon the resolution of the case. In order for a tribunal to be considered an international tribunal, “it must be created by states or international organizations which, though they may have international legal personalities of their own, are, nevertheless, composed principally of states.” Only states or international organization may create international tribunals. Tribunal members are called arbiters, and from them are chosen the individual or individuals who will hear the case and designate the award. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(The Limited Jurisdiction of International (Investment) Arbitral Research Paper, n.d.)
The Limited Jurisdiction of International (Investment) Arbitral Research Paper. Retrieved from https://studentshare.org/law/1747205-party-selected-judges-and-arbitrators-in-international-legal-proceedings-their-role-independence-desirability-and-compatibility-with-the-general-principles-of-law-governing-procedure-before-international-tribunals
(The Limited Jurisdiction of International (Investment) Arbitral Research Paper)
The Limited Jurisdiction of International (Investment) Arbitral Research Paper. https://studentshare.org/law/1747205-party-selected-judges-and-arbitrators-in-international-legal-proceedings-their-role-independence-desirability-and-compatibility-with-the-general-principles-of-law-governing-procedure-before-international-tribunals.
“The Limited Jurisdiction of International (Investment) Arbitral Research Paper”, n.d. https://studentshare.org/law/1747205-party-selected-judges-and-arbitrators-in-international-legal-proceedings-their-role-independence-desirability-and-compatibility-with-the-general-principles-of-law-governing-procedure-before-international-tribunals.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Limited Jurisdiction of International (Investment) Arbitral Tribunals

Investment Report: Gunns Limited (GNS)

...? Investment Report: Gunns Limited (GNS) Introduction Gunns Limited is a major forestry firm. The company is located in Tasmania, Australia and was founded in 1875 by two brothers – John and Thomas Gunn. Being founded in the 19th century makes it one of Australia’s most senior organizations. While starting from humble beginnings, the company gradually developed and today operates with over 900 square kilometers of forestry; although a variety of forestry is grown on this land the overwhelming majority are eucalyptus trees. This large portion of land functions to make Gunns Limited Tasmania’s largest private landholder. In terms of company size and corporate structure, the organization employees approximately 1200 employees... and is the...
12 Pages(3000 words)Assignment

Implications of Complementary Jurisdiction in International Law

... to the role of universal jurisdiction in the international justice system? I. Introduction The creation of an international criminal court is a fairly recent development. It was proposed in 1989 before the General Assembly of the United Nations by the delegation of Trinidad and Tobago related to the then newly-acknowledged international crimes: drug-trafficking.1 At the same time, the Trinidad and Tobago delegation’s proposal was not new because there draft criminal tribunal statutes in 1951 and 1953. The Rome Statute of the ICC is an important document establishing the International Criminal Court. The Statute was entered into force in 2002. One important principle in the Rome Statute of the ICC is the principle of complementary... times...
16 Pages(4000 words)Essay

Universal jurisdiction application of International Law

...from the concept of extraterritorial jurisdiction leaves room for far too much uncertainty. In the addition, the threat of abuse as evidence by the unequal use of universal jurisdiction by stronger states against weaker states further threatens world peace and order. In the absence of a Convention or Treaty articulating the law and limits of the law on universal jurisdiction, states are generally free to implement their own national laws on universal jurisdiction. Thus as a result, the international law on universal jurisdiction is far from universal. Different national laws defining the limits and...
8 Pages(2000 words)Essay

International Courts and Tribunals

...what are international tribunals, international criminal tribunals are specialized courts set up to convict individuals accused of violations standardized under international humanitarian law as committed in a particular place and time. (Albert Schweitzer, np, 1960) It is imperative to understand what the international criminal tribunal for Rwanda is. The ICTR has prominent jurisdiction to arraign people accused of genocide, human right violations and war crimes. In Rwanda particularly between January 1st and December 31st, the trial courts situated in Arusha, Tanzania, the appeals court situated inn the...
8 Pages(2000 words)Essay

Jurisdiction

...and their agents of unfair discriminatory practices and labor practices. There are various types of jurisdiction; among the types of jurisdictions are: in personam and subject matter. A court must have both in personam and subject matter jurisdictions, in order to preside over a case. Subject matter jurisdiction refers to the authority over the matter in dispute. It concerns what types of disputes may be heard by which courts. The in personam jurisdiction is referred to as the authority over a person (Garvin, 2002). All trial courts have either limited jurisdictions or general jurisdictions;...
11 Pages(2750 words)Essay

Flextronics International Singapore Limited

...Flextronics International Limited Consumer Behavior Analysis using Maslow's Hierarchy of Needs Model Executive Summary The company is concentrating on the manufacturing of the products on psychogenic needs of the customers considering their biogenic needs simultaneously. This helps in innovation of the products as the company is studying the consumer behavior and the market needs continuously. This made the company to act according to the consumer behavior by changing itself from the contract manufacturing company to an entity that provides EMS to the customers This indicates the involvement of the company with the consumer behavior it is doing contract manufacturing also on a partly basis by...
13 Pages(3250 words)Case Study

Employment Tribunals

...organisation before the Employment Tribunal. Similarly, Employment Tribunals speedily address the cases before it. Employment Tribunal applications for cases must be made within three months of the incident, however, the Tribunal can extend the time limit it exceptional circumstance. The Tribunal will then ascertain as to whether or not the employee's claim can prosper. And in case of doubt as tot the claim, a preliminary hearing is conducted so as to decide whether the claim or response should prosper or not; decide whether or not the employee is entitled to bring or defend his claim and to decide if there is a need to pay the deposit...
5 Pages(1250 words)Essay

International Contract jurisdiction hypothetical

...Corporation v. Consulex Ltd. [1987] 1 AC 460,478 that stated that the proper test was the determine if there was clearly a more appropriate forum. Under the Spilada test, the party would have to show which forum is more appropriate for trial, looking at “the location and accessibility of witnesses, the law governing the transaction, and the places of business and residence of the parties.” (Garnett, 1999, p. 2). In this case, the breach occurred in England, and the witnesses to how the consignment was packed would be in England. Assuming that it is, would it exercise its jurisdiction? Answer: No. The reason why the court would not exercise its jurisdiction is because the contract has an...
4 Pages(1000 words)Essay

Arbitral Ammunity

.... The court held that staying the arbitration was in line with UAE keeping her international duties under the New York Convention (NYC). In this case, Justice Sir David Steel ruled that Article 13 of the Dubai International Functional Center (DIFC) Arbitration Law (DIFC Law No 1 of 2008), which provides for the obligations of the DIFC Courts to set aside or uphold an action there is only enforceable where the arbitration is held at the DIFC. Douglas (1981) said courts that uphold the limitation of civil liability for arbitrators normally provide credible reasons for their decisions; which is the need to treat...
11 Pages(2750 words)Assignment

Jurisdiction

...and number Jurisdiction— Gonzales v. Oregon Physician-assisted suicide occurs when a medical doctor aids in the death of a patient by providing information and/or necessary means to enable the patient to carry out a life-ending act. The legal consequence of the ruling of the Oregon court is clear: Oregon medical doctors may recommend drugs under the Death with Dignity Act (DWDA) without any fear of federal punishment. I dissent with the opinion of the majority that pursuant to the Constitution, the federal government should not rule out physician-assisted suicide where a legislature has decided to consent the process because letting medical doctors to take part in assisted suicide would cause more damage than good....
2 Pages(500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic The Limited Jurisdiction of International (Investment) Arbitral Tribunals for FREE!

Contact Us