Principles of Arbitration LawUniversal-Publishers, 2003 - 116 pages The book examines principles of arbitration law as they apply to many common law and civil law jurisdictions. In many countries, the use of alternative dispute resolution to resolve matters in areas relating to, say, foreign direct investment and industrial unrest has been heralded by many as a cost-effective way of settling disputes. Chapters in the book cover, among other things: the efficacy of the legal framework for arbitration in Zambia under the Arbitration Act 1933; the efficacy of the legal framework for arbitration under Zambia's Arbitration Act 2000; aspects of international law applicable to the legal framework for arbitration; and efforts to develop international and regional frameworks for arbitration. |
From inside the book
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Page 3
... investment and industrial unrest has been heralded by many as a cost-effective way of settling disputes. This book is not a simple textbook on the introductory aspects of a particular field of law, as is often the case with many other ...
... investment and industrial unrest has been heralded by many as a cost-effective way of settling disputes. This book is not a simple textbook on the introductory aspects of a particular field of law, as is often the case with many other ...
Page 14
... Center for the Settlement of Investment Disputes (hereinafter referred to as 'ICSID'). ICSID argues: 5 See Ibid. “On a number of occasions in the past, the World 14 International efforts to provide for a global framework for arbitration.
... Center for the Settlement of Investment Disputes (hereinafter referred to as 'ICSID'). ICSID argues: 5 See Ibid. “On a number of occasions in the past, the World 14 International efforts to provide for a global framework for arbitration.
Page 15
... investment disputes between governments and foreign investors could help to promote increased flows of international investment.”6 ICSID argues further: “ICSID was established under the Convention on the Settlement of Investment ...
... investment disputes between governments and foreign investors could help to promote increased flows of international investment.”6 ICSID argues further: “ICSID was established under the Convention on the Settlement of Investment ...
Page 16
... the dispute is not an investment dispute provided it relates to a transaction which has 'features that distinguishes it from an ordinary commercial transaction.' The Additional Facility Rules further allow. 9 Ibid. 16.
... the dispute is not an investment dispute provided it relates to a transaction which has 'features that distinguishes it from an ordinary commercial transaction.' The Additional Facility Rules further allow. 9 Ibid. 16.
Page 17
... investment treaties. Arbitration under the auspices of ICSID is similarly one of the main mechanisms for the settlement of investment disputes under four recent multilateral trade and investment treaties (the North American Free Trade ...
... investment treaties. Arbitration under the auspices of ICSID is similarly one of the main mechanisms for the settlement of investment disputes under four recent multilateral trade and investment treaties (the North American Free Trade ...
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Common terms and phrases
accordance additional appeal application appoint an arbitrator appointed arbitral award arbitral institution arbitral procedure arbitral proceedings arbitral tribunal Arbitration Act 1933 Arbitration Act 2000 arbitration agreement arbitrator or umpire Article assistance authority become binding body challenge chapter claim clear communication competent considers constitution contains Contracting Convention copy decide decisions on matters determined documents effect evidence examined extent fails final follows framework for arbitration give governed grant grounds High Court Ibid ICSID interim International investment issue jurisdiction legal framework matters means measure Minister necessary notice original paragraph parties person powers present Protocol provides reasons recognition and enforcement recognition or enforcement referred refused relating request respect rules Schedule settlement signed sought statement statute statutory submission to arbitration submitted supply termination territories thereof third treaties United Nations unless otherwise agreed valid writing written Zambia
Popular passages
Page 115 - ... at the earliest possible moment. (c) A Federal State Party to this Convention shall, at the request of any other Contracting State transmitted through the Secretary-General of the United Nations, supply a statement of the law and practice of the Federation and its constituent units...
Page 116 - Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2.
Page 28 - Where an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied...
Page 115 - Nations. 2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.
Page 45 - States wishing to denounce the present convention, the denunciation shall be notified in writing to the...
Page 88 - V 1. Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that...
Page 108 - State; or (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration...