Pick Your President: Why and How Parties Should Seek to Agree on a Presiding Arbitrator

2021 ◽  
Author(s):  
Eric Leikin ◽  
Clemens Treichl
Keyword(s):  
Legal Framework ◽  
General Analysis ◽  
High Quality ◽  
Party Autonomy ◽  
Quality Award ◽  
Standard List

Abstract It is common wisdom that selecting a suitable presiding arbitrator is vital to securing efficient proceedings and a high-quality award. As a corollary of party autonomy, the parties’ right to choose their arbitrators is subject only to few limitations, yet relatively little guidance exists for parties attempting to jointly choose the arbitral president in a structured and efficient way. This article seeks to expand on the limited guidance available. It begins by briefly examining the underlying legal framework and setting out various objectives that can serve as a yardstick in fashioning a procedure for selecting presiding arbitrators. This general analysis is followed by a proposal of a concrete, standard ‘list’ procedure which is easily adaptable to different arbitration settings and case configurations.

The new Uruguayan private international law: an open door to party autonomy in international contracts

2021 ◽  
Author(s):  
Eduardo Florio de León
Keyword(s):  
International Law ◽  
General Analysis ◽  
Private International Law ◽  
State Law ◽  
Open Door ◽  
Commercial Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
General Law ◽  
Contractual Obligations

Abstract On 17 November 2020, the General Law on Private International Law (Law 19.920) was approved. This Law resulted from a process of hard work that took over two decades of discussions and debates.1 With this Law, Uruguay becomes one of a group of countries that have already carried out this kind of reform, particularly in regard to international commercial law and international contracts. The new Law 19.920 allows parties to choose the applicable law (State or non-State law) to regulate their international contractual obligations. This reform has a real disruptive imprint since Uruguay leaves behind its old and anachronistic regulation of the matter. This article provides a general analysis of the regulation of international commercial law under Law 19.920 (Articles 13 and 51) and the new regime applicable to international contracts, including the parties’ right to choose the applicable law (Article 45) (State or non-State law), which increases their autonomy in comparison with the previous regime.

scholarly journals Designations of origin and geographical indications as an element of economic development: The Ecuador Case

2020 ◽  
pp. 165-195
Author(s):  
Jorge Núñez Grijalva ◽  
Daniela Núñez Viera ◽  
Dayana Madrid Villacís
Keyword(s):  
Economic Development ◽  
Foreign Exchange ◽  
Legal Framework ◽  
Economic Benefits ◽  
Geographical Indications ◽  
Property Law ◽  
High Quality ◽  
Trademark Law ◽  
Normative Approach ◽  
State Tax

The denominations of origin and geographical indications, as distinctive signs, occupy a prominent place as an element of the impulse to the economic development of a given territory, since through them the development and marketing of high-quality products and differentiation, which in turn, allows reaching significant levels of commercial and tourist positioning for the place or region of its origin, as well as the generation of new sources of direct and indirect employment, increasing foreign exchange income from exports, the increase of State tax collection, among other socio-economic benefits. Thus, designations of origin and geographical indications are considered elements of economic development within the productive policy of a State. Therefore, the purpose of this work is to analyze the denominations of origin and geographical indications as a specialized category within the field of Trademark Law and Intellectual Property Law. It is relevant for a better understanding of how these concepts developed in Ecuadorian legislation. While for determining the options presented by the local legal framework promoting its development and use. Moreover, as those elements that the State should consider for taking advantage to promote national growth. Then the exegetical-critical method has been used, through is introduced a doctrinal and normative approach.

scholarly journals From the Persuasion of Theory to the Certainty of Law

2018 ◽  
Vol 5 (2) ◽  
pp. 179-202 ◽  
Author(s):  
Saleh Al-Sharieh ◽  
Jeanne Mifsud Bonnici
Keyword(s):  
Quality Of Life ◽  
European Union ◽  
Crime Prevention ◽  
Rule Of Law ◽  
Community Policing ◽  
Legal Framework ◽  
High Quality ◽  
The Rule Of Law ◽  
The Public

This paper analyses the legal bases of community policing under European Union (EU) law and the national laws of England, France, Germany, Italy, Romania and Portugal. Community policing arguably helps the police achieve efficient policing while respecting the requirements of the rule of law, a founding value of the EU, and can be a form of co-operation between the EU Member States under the EU legal framework for crime prevention. Moreover, the law in the selected jurisdictions supports four elements of the community policing model: (1) the public-police partnership in establishing policing strategies and priorities; (2) the public-police partnership for crime prevention and detection; (3) proactive and preventive policing; and (4) the police as providers of high quality services tailored to improve people’s quality of life. These elements are interrelated and interdependent: their holistic legal articulation is necessary for their effective existence.

Regulatory Legal Support for the Events of the All-Russian Olympiad for Schoolchildren: a Draft of a New Procedure

2020 ◽  
Vol 8 (5) ◽  
pp. 3-24
Author(s):  
Valentina Abaturova
Keyword(s):  
Legal Framework ◽  
Ministry Of Education ◽  
High Quality

The All-Russian Olympiad for schoolchildren, as the largest all-Russian intellectual competition among students in 24 subjects, requires certain regulations that provide a transparent, objective and high-quality conduct of all Olympiad events within the legal framework. Such a regulation is the procedure for holding the All-Russian Olympiad for schoolchildren, a new version of which was developed by the Ministry of Education of Russia and presented for discussion.

scholarly journals PERMANENT HOUSING PRODUCTION PROCESS AFTER 17 AUGUST 1999 MARMARA EARTHQUAKE IN TURKEY / NUOLATINIO BŪSTO STATYBOS PROCESAS PO 1999 M. RUGPJŪČIO 17 D. ŽEMĖS DREBĖJIMO MARMURO REGIONE (TURKIJA)

2011 ◽  
Vol 15 (3) ◽  
pp. 312-328 ◽  
Author(s):  
Nilufer Tas ◽  
Nilay Cosgun
Keyword(s):  
Production Process ◽  
Legal Framework ◽  
Main Concern ◽  
Residential Areas ◽  
Housing Production ◽  
High Quality ◽  
Emergency Case ◽  
Permanent Housing ◽  
Marmara Earthquake

In recent years, one of the biggest investments and projects that developed in Turkey is in permanent housing. The emergency case experienced after the 17 August 1999 Marmara Earthquake featured the permanent housing need; thus, within the meaning of Disaster Law, a large number of housings were to be built in designated residential areas in various provinces. Once a building has been designed, impediments that arise either cannot be fixed any longer or require an extra cost to be fixed. In order to create a high quality built environment, production process of constructions as a long lasting effect becomes important. This study examines how the production process of the permanent housings to be built in Turkey after 1999 Marmara Earthquake was managed considering the current legal framework. In this context, the aim is to state how permanent housings are produced and determination of the points seen as problems by the builders (contractors) and occupants through this process. The main concern is to determine the outcomes that could act as answer to problems that might arise in permanent housing production after a probable earthquake. The obtained information is thought to act as reference in the practices of meeting permanent housing need that will arise after disasters. Santrauka Nuolatinis būstas – tai viena sričių, į kurią Turkijoje pastaraisiais metais investuojama daugiausia, o projektai stambiausi. Po 1999 m. rugpjūčio 17 d. Marmuro regione įvykusiožemės drebėjimo susidariusi kritinė situacija buvo susijusi su nuolatinio būsto poreikiu. Tad tam skirtose įvairių provincijų gyvenamosiose zonose pagal stichinių nelaimių istatyme apibrėžtą prasmę reikėjo pastatyti daug būstų. Pastatą suprojektavus, atsiradusių defektų arba nebeįmanoma pataisyti, arba jiems taisyti reikia papildomų išlaidų. Norint suformuoti kokybišką užstatytą aplinką, dėl ilgalaikio poveikio svarbus tampa statybų procesas. Šiame tyrime nagrinėjama, kaip, atsižvelgiant į esamą teisinę bazę, buvo valdomas nuolatinių būstų, kuriuos Turkijoje reikėjo pastatyti po 1999 m. žemės drebėjimo Marmuro regione, statybos procesas. Siekiama nurodyti, kaip statomas nuolatinis būstas, ir nustatyti, kuriuos aspektus statytojai (rangovai) ir gyventojai šiame procese laiko problematiškais. Svarbiausia nustatyti pasekmes, kurios gali būti atsakas į problemas, galinčias kilti statant nuolatinius būstus po galimo žemės drebėjimo. Manoma, kad gauta informacija bus galima remtis siekiant patenkinti nuolatinio būsto poreikius, atsirasiančius po stichinės nelaimės.

scholarly journals On the blog content quality in the context of legal culture formation

2020 ◽  
Vol 46 (4) ◽  
pp. 441-454
Author(s):  
Olga N. Tomyuk ◽  
◽  
Milana V. Golysheva ◽  
Andrei Yu. Dudchik ◽  
Margarita A. Dyachkova ◽  
...  
Keyword(s):  
Human Life ◽  
Quality Criteria ◽  
Legal Culture ◽  
Legal Framework ◽  
Integrative Approach ◽  
Social Significance ◽  
High Quality ◽  
Cultural Transformations ◽  
Historical Factors ◽  
The Individual

Introduction. The relevance of the study is caused by the development of digital technologies, their increasingly active influence on all aspects of society and human life and, consequently, the need of forming the individual’s legal culture using the media sphere’s resources. The purpose of the study is to analyze the main characteristics and quality of legal Instagram blog content as one of the dynamically developing applications with a multi-million audience of users. Materials and research methods. The research methodology consists of an integrative approach. Information and target analysis of texts and discourse analysis were used to interpret blog content in the context of specific cultural and historical factors. The results of the study and the discussion. The Top Instagram bloggers was compiled using the hashtag #lawyer, blog content studied. Based on the development of quality content criteria – relevance, social significance, completeness, accessibility, practice orientation, personalization, infoesthetics, multi-factor, literacy, and subscriber response-were developed, according to which the analysis of legal content was carried out. The study identified the content of bloggers who position themselves on Instagram as legal experts, analyzed the content of bloggers with more than ten thousand subscribers based on the developed quality criteria. It is identified that high-quality content causes an adequate reaction of users, contains a knowledge component endowed with legal content and aimed at improving the legal culture of the individual. Conclusions. Despite the fact that Instagram, like other apps, has more entertainment content, however, users feel the need for knowledges that will let them to constructively solve situation in the legal sphere. It was revealed that high-quality content as socially significant knowledge has an adequate response of Instagram users. This contributes to the development of the individual’s legal culture in the context of socio-cultural transformations, when a modern person increasingly has to solve non-standard objectives in a dynamically developing environment, including changes in the legal framework in various fields of activity.

Party Autonomy in Global Context

2019 ◽  
Author(s):  
Horatia Muir Watt
Keyword(s):  
International Law ◽  
Global Economy ◽  
Legal Framework ◽  
Private International Law ◽  
Late Capitalism ◽  
Party Autonomy ◽  
Global Context ◽  
The Social ◽  
Legal Thinking ◽  
Economic Reality

The aim of this chapter is to contribute to transdisciplinary dialogue on a defining paradox within the classic liberal meta-discourse that still seems to determine structures of thought right across the social sciences. Profound transformations linked to the global legal turn have meant that while state-centered liberalism continues to define contemporary paradigms in legal thinking, it does so according to a curiously abridged or truncated version, which in turn affects the shape of the social, political, or economic “reality” that it purports merely to govern. The ensuing distortion is of very specific relevance in what is known as private international law—the part of the law that provides the legal framework for late capitalism, or, in different terms, the informal normative infrastructure of the global economy.

scholarly journals Benin

2020 ◽  
Vol 20 (28) ◽  
Author(s):  
Keyword(s):  
Public Investment ◽  
Analytical Framework ◽  
Legal Framework ◽  
West African ◽  
Institutional Framework ◽  
African Countries ◽  
High Quality ◽  
The Public ◽  
Effective Implementation ◽  
Sub Saharan

The Public Investment Management Assessment (PIMA) of Benin has brought to light an institutional framework of high quality but ineffective implementation. In accordance with the PIMA methodology applied in several countries, the mission focused on assessing the institutional strengths (such as the legal framework and organization) for each institution in the analytical framework, as well as its effective implementation. Benin was found to have a high-quality, relatively complete institutional framework. The country outperforms its peers in this regard, not only compared with the average for the countries of the subregion (the West African Economic and Monetary Union—WAEMU), but also the Sub-Saharan African countries that have already conducted a PIMA exercise (Figure 1). The effectiveness of the framework, however, is weak.

DETERMINING THE SEAT OF AN INTERNATIONAL ARBITRATION: PARTY AUTONOMY AND THE INTERPRETATION OF ARBITRATION AGREEMENTS

2014 ◽  
Vol 63 (3) ◽  
pp. 517-534 ◽  
Author(s):  
Jonathan Hill
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
International Arbitration ◽  
Party Autonomy ◽  
Single Location ◽  
Arbitral Proceedings ◽  
Do So

AbstractThe seat of arbitration is fundamental to defining the legal framework for international arbitral proceedings. Although parties are able to select the arbitral seat, arbitration clauses are frequently ‘pathological’, failing to designate the seat or failing to do so clearly. If the seat is not clearly identified by the parties’ agreement, the court may be called upon to decide which country is the seat (typically, in order to determine whether or not it has jurisdiction to entertain certain types of arbitration application). The simplest situations are ‘uni-directional’ cases in which, in procedural terms, the parties' agreement points expressly or impliedly towards a single location. More difficult are ‘pluri-directional’ cases in which the agreement refers to more than one possible location. While certain scenarios are relatively straightforward, what constitutes a choice by the parties is more complicated if the parties' agreement contains signposts pointing in different directions. In ‘uni-directional’ cases, the English courts have developed a series of interpretative guidelines which solve most of the problems posed by potentially ambiguous clauses. However, in ‘pluri-directional’ situations, the English case law is less convincing. In such cases, the courts have not approached the identification of the arbitral seat in a consistent way; they have not laid down a clear doctrinal framework; and they may be legitimately criticized for displaying a measure of ‘forum preference’.

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