Transforming Science into Law: Default Reasoning in International Trade Disputes

2010 ◽  
pp. 165-192 ◽  
Author(s):  
Vern R. Ph.D. Walker
Keyword(s):  
International Trade ◽  
Default Reasoning ◽  
Trade Disputes

scholarly journals A Comparative Study of Executive Guaranty of Arbitration at International Law (International Court of Arbitration and the New York Convention) and Iranian Law

2016 ◽  
Vol 9 (5) ◽  
pp. 145
Author(s):  
Shila Taheri ◽  
Hassan Soleimani
Keyword(s):  
New York ◽  
International Trade ◽  
International Law ◽  
International Arbitration ◽  
Trade Disputes ◽  
Iranian Law ◽  
International Court ◽  
Arbitration Procedure ◽  
Research Findings ◽  
New York Convention

The present study is an attempt to analyze the executive guaranty of arbitration at international law within internal Iranian law and the international law. The present research findings show that within internal law in case the arbitration verdict is not carried out voluntarily then its obligatory administration is under the support of law and has legal executive guaranty. But arbitration privilege at administration stage is not limited to the fact that any arbitration verdict is to be performed without any questioning but a significant aspect of this privilege is to prevent the administration of a verdict which is altered or creased and openly against the facts or the law. In international law the international commerce chamber arbitration system is the most important international trade arbitration system in contemporary period and has always been the influential forerunner in international arbitration and has had a significant role in the development and expansion of arbitration method of settling international trade disputes. Both the chamber arbitration rules and arbitration verdicts which are issued under the chamber arbitration framework are among the most important legal resources in terms of international arbitration and are considered as the constructive and formative factors of international arbitration procedure. It should be mentioned that commerce chamber arbitration organization lacks the executive tools to execute the arbitration verdicts. But in spite of that on the basis of arbitration rules article 35 the arbitration authority and the chamber arbitration court makes attempts to execute the verdict and the purpose is mostly the official measures rather than judicial or administrative. Principally, the execution of arbitration verdicts depend on state rules and regulations where from the identification and administration of verdict is requested.

Patent and Antitrust Problems Revisited in the Context of Wireless Networking

2011 ◽  
pp. 149-165
Author(s):  
Gary Lea
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Ieee 802.11 ◽  
Systematic Approach ◽  
Wireless Networking ◽  
Domain Name ◽  
Trade Disputes ◽  
Development Organizations

The author seeks to illustrate some of the ongoing problems that patents present for those seeking to standardize in the ICT field. The chapter illustrates these problems by drawing on patent and international trade disputes surrounding the rollout of IEEE 802.11 family (colloquially, “WiFi”) technologies during 2003 and 2004. It then presents several solutions including the introduction of a more systematic approach to dispute resolution by standards development organizations (SDOs) based around ADR procedures derived from the domain name Uniform Dispute Resolution Policy (UDRP), corresponding changes to dispute handling in international trade disputes and, in the long term, alternation to intellectual property laws to allow for appropriately-tailored standardization exceptions (at least at the level of interoperability).

The International Trade Terms Selection Research in International Project Contracting

2014 ◽  
Vol 1079-1080 ◽  
pp. 1241-1244
Author(s):  
Hai Bo Zheng
Keyword(s):  
International Trade ◽  
International Project ◽  
Global Trade ◽  
Trade Disputes ◽  
Term Selection ◽  
Vital Importance ◽  
Selection Research

International trade terms are beneficial to properly solve trade disputes, is of vital importance to the reasonable term selection in international trade. In this article, through the analysis of international trade terms, facilitate people to better understand the global trade terms, to reasonably choose applicable terms.

Analysis of Genetically Modified Food Induced International Trade Law Issues

2017 ◽  
Vol 23 (1) ◽  
Author(s):  
Jiansheng Zhang ◽  
Yanan Chen ◽  
Yu Li
Keyword(s):  
International Trade ◽  
Safety Management ◽  
Genetically Modified ◽  
Rapid Development ◽  
Genetically Modified Food ◽  
Transgenic Technology ◽  
Trade Disputes ◽  
Trade Law ◽  
International Trade Law ◽  
Import And Export

The advantages of genetically modified food are gradually highlighted because of the rapid development of modern transgenic technology. The trade proportion of genetically modified food in international trade products is increasing. Till now, legal regulations concerning the international trade of genetically modified food are still contradictory and conflicting, and a series of initiated legal issues about the international trade of genetically modified food becomes more acute. As a great power of transgenic crops planting, China should fully learn from the trade disputes of genetically modified food, perfect laws such as the safety management, approval and identification of import and export, accelerate the development of transgenic technology, and strengthen the mutual benefit and collaboration of the developing countries, thus to gain a strong competitive position in international trade and maintain the fundamental interests of China better.

scholarly journals The Resolution of International Trade Disputes through Arbitration

2020 ◽  
Vol 2 (1) ◽  
pp. 296-301
Author(s):  
Nufaris Elisa
Keyword(s):  
International Trade ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Trade Disputes ◽  
Commercial Arbitration ◽  
Trade Finance ◽  
International Commercial Arbitration ◽  
Trade Dispute ◽  
The World

If an international trade dispute occurs, so that the ways of resolution can be reached through non-litigation (alternative litigation) or Alternative Dispute Resolution (ADR). The facilities classified as ADR other than Arbitration facilities as contained in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution which includes facilities including Meditation facilities, Negotiation facilities, Consolidation facilities, and other facilities. Based on the Arbitration Law it provides an opportunity to resolve trade disputes through the Arbitration institution and it is very appropriate if this institution has a very important role in resolving disputes that occur in the world of international trade. The scope of disputes which can be tried in a trial of the International Commercial Arbitration institution must be related to the issue of trade, finance and general trading (commerce), while those relating to other matters have nothing to do at all.

Sign in / Sign up

Export Citation Format

Share Document