scholarly journals Arbitral Tribunal Power to Disqualify Unethical Counsel

2015 ◽  
Vol 4 (4) ◽  
pp. 15 ◽  
Author(s):  
Cristina Florescu
Keyword(s):  
Ethical Issues ◽  
Conflicts Of Interest ◽  
International Standards ◽  
Current Status ◽  
Soft Law ◽  
Arbitral Tribunal ◽  
Binding Effect ◽  
The Subject ◽  
The Right ◽  
Professional Guidelines

In specific matters of conflicts of interest ethical issues in connection with the parties' legal representatives could occur in the course of arbitration proceedings. The purpose of this paper is to identify and investigate the current status of the arbitral tribunals and arbitral institutions power to sanction counsel’s misconduct in the event of conflicts of interest. Parties have a fundamental right to choose the counsel and in the same time the right to an independent and impartial tribunal, therefore the source of the arbitral tribunal power to disqualify a counsel is a hot topic. There are no express provisions granting arbitrators such power, only soft law instruments, but which have no binding effect as long as the parties do not agree on them. For these reasons, two renowned cases where international arbitral tribunals have dealt with the subject are examined. Developing “truly transnational” ethical rules and their implementation by the arbitral institutions might be a solution. Arbitral tribunals are establishing this issue on the basis of the undertaken and applied international soft law (professional guidelines) which gained credibility and popularity and also became accepted international standards in the arbitration field.

7 Arbitral Tribunal: (Articles 24 to 34)

2020 ◽  
Author(s):  
Yu Jianlong ◽  
Cao Lijun
Keyword(s):  
Ethical Issues ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Party Autonomy ◽  
The Right

This chapter highlights the arbitral tribunal. The right of parties to select arbitrators for arbitrating their disputes is probably the most important aspect of party autonomy in international arbitration. The chapter discusses: the duties of an arbitral tribunal (Article 24); the number of arbitrators (Article 25); the nomination and appointment of arbitrator (Articles 26 to 31); challenge to the arbitrator (Article 32); and the replacement of arbitrator (Article 33) in CIETAC arbitrations. Article 24 clarifies that arbitrators, particularly party-nominated arbitrators, shall not represent either party, shall handle the case independently, and treat both parties equally. In order to understand this provision it is necessary to look into the relevant statutory provisions in the PRC Arbitration Law and the CIETAC’s specific regulations on the ethical issues of arbitrators. The chapter concludes by discussing the ability of the majority of the arbitral tribunal to continue with the arbitration after the conclusion of the last hearing (Article 34).

Trail Smelter Arbitral Tribunal Decision

1941 ◽  
Vol 35 (4) ◽  
pp. 684-736 ◽  
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Convincing Evidence ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
The Supreme Court ◽  
The Subject ◽  
The Government ◽  
The Right

Claim of the United States for amount of moneys expended in the investigation, preparationand proof of its case denied as they were in the nature of expenses of the presentation of thecase, which, according to the Arbitration Convention, are to be paid by each government;nor are such costs claimable under the heading of damages. When a state espouses a private claim on behalf of one o f its nationals, expenses whichthe latter may have incurred in establishing orprosecuting his claim prior to espousal by thegovernment may, under appropriate conditions,be legitimately included in the claim, but the Tribunal knew of no case in which a government has sought or been allowed indemnity for expenses incurred in preparing the proof or presenting a national or private claim before an international tribunal.In the absence of international cases on the subject, there are certain decisions of the Supreme Court of the United States dealing with both air pollution and water pollution which may legitimately be taken as a guide in this field of international law where no contrary rule prevails in international law ana no reason for rejecting such precedents can be induced from the limitation of sovereignty inherent in the Constitution o f the United States.The Tribunal finds that under the principles of international law, as well as the law of the United States, no state has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein,'whe the case is of serious consequence and theinjury is established by clear and convincing evidence.The Tribunal therefore holds that the Dominion o f Canada is responsible in international law for the conductofthe Trail Smelter and that it is the duty o f the Government of the Dominion of Canada to see to it that this conduct is in conformity with the obligation of the Dominion under international law as herein determined.No damage has occurred since the previous award o f the Tribunal (this JUURNAL, Vol. 33,1939, p. 182).The Trail Smelter shall be required to refrain in the future from causing any damage through fumes in the State of Washington. To avoid such damage the operations of the Smelter shall be subject to a regime or measure of control as provided in the present decision. Should such damage occur, indemnity to the United States shall be fixed in such manner as the Governments acting under the convention may agree upon.

NATIONAL AND INTERNATIONAL STANDARTS OF RIGHT TO PEACEFUL ASSEMBLY

2017 ◽  
Author(s):  
Alexander Kushnirenko ◽  
◽  
Alisа Aliyeva ◽  
Roman Michkivskyi ◽  
Varvara Stoyanova ◽  
...  
Keyword(s):  
International Law ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Status ◽  
European Court ◽  
Foreign Countries ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
International Instruments

The article is devoted to problems of legal regulation and implementing the constitutional right of citizens to peaceful assembly in Ukraine. The authors represent the approaches of different scholars and international and national practices of realization citizens` right to peaceful assembly and summing up the results the authoors offer options for improving and optimization legislation on peaceful assembly. On the basis of international experience in regulating this institution in foreign countries, Ukraine has the opportunity to legislate and regulate the right to peaceful assembly, taking into account the provisions of the fundamental international instruments, which reflect the subject matter of this scientific work The authors' article analysed the current status of the constitutional and legal establishment of the right to peaceful assembly in Ukraine. The ways in which citizens exercise the right to peaceful assembly and the possibilities for the State to restrict this right to peaceful assembly in the interests of national security and public order in international practice have been studied. Much attention is given to the international legal regulation of the right to peaceful assembly, in particular the main international instruments which can be considered as sources of the formation of the law of this important legal institution through the prism of heavy and soft international law. The practice of settling disputes on the right to peaceful assembly by international judicial institutions, in particular the European Court of Human Rights, has also been examined.

scholarly journals Criminal-legal ensuring of freedom of religion in modern conditions: a comparative analysis

2021 ◽  
Vol 39 (68) ◽  
pp. 620-649
Author(s):  
Sophia Ya. Lykhova ◽  
Borys D. Leonov ◽  
Tetiana D. Lysko ◽  
Natalya K. Shaptala ◽  
Sergiy I. Maksymov
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
International Standards ◽  
Freedom Of Religion ◽  
Legal Systems ◽  
Legal Method ◽  
Foreign Countries ◽  
The Subject ◽  
Constitutional Right ◽  
The Right

The article conducts a comparative criminal law investigation to ensure freedom of religion in Ukraine and some countries. The subject of the study is a person's right to freedom of religion guaranteed by the Ukrainian Constitution. In conducting this research, a comparative legal method was widely used, which allowed a two-tier analysis (empirical and theoretical) of the legal systems of Ukraine and some foreign countries in terms of ensuring freedom of religion under criminal law, to identify the originals and specific manifestations of such support, to determine the patterns of development of each country's criminal law. As a result of the investigation, some gaps and advantages of Ukrainian law were identified in terms of criminal law guaranteeing the right to freedom of religion. Itstates that Ukraine's modern criminal law generally complies with international standards for the protection of citizens' constitutional right to freedom of religion, but there are some shortcomings in terms of unequivocal understanding of the elements of crimes that violate freedom of religion, which are worth discussing.

scholarly journals New Media and Social Influencer Engagement on Lifestyle and Political Content

2019 ◽  
Vol 8 (3) ◽  
pp. 3526-3541
Keyword(s):  
New Media ◽  
Current Status ◽  
Marketing Plan ◽  
Review Of Literature ◽  
Track Record ◽  
Digital Era ◽  
Content Strategy ◽  
The Subject ◽  
The Right

In this digital era, having the latest technology is no longer a sole measurement in deciding the success of the tool. The effectiveness is measured on how it can contribute to a better lifestyle, including able to minimise cost and generate revenue at the same time. A social influencer is a group of people who have taken advantages of technology, namely Social Network Sites (SNSs) to their benefit. With the right persona, social influencer can carry both opinions and actions to influencer their followers. The aim of this project paper is to: (1) Understand the acceptance towards lifestyle content and political content that are promoted by social influencers where analysis of agreement and disagreement occurred between two parties; and (2) Act as a future reference on how content direction can be developed better by social influencer regardless on the subject matter that they are championing. The review of literature is based on the current status of a marketing plan by a traditional medium as well as the emergence of digital marketing segment. The review also discussed the characteristics of social influencer that includes their background and track record in performance as a social influencer. In this research, it is revealed the important criteria needed by a social influencer in delivering both types of content involving lifestyle and political content with credibility as the most mentioned. The study concluded by suggesting proper content strategy and content placement, even on a traditional medium to compliment the role of new media and social influencer

TRI ATIPIČNA PRAVA REALNOG OBEZBEĐENjA POTRAŽIVANjA U SRPSKOM I U „MEKOM“ PRAVU EVROPSKE UNIJE

2021 ◽  
pp. 451-467
Author(s):  
Aleksandra Pavićević ◽  
Keyword(s):  
European Union ◽  
Civil Law ◽  
Soft Law ◽  
The European Union ◽  
Domestic Security ◽  
Positive Law ◽  
The Subject ◽  
Similarities And Differences ◽  
The Right ◽  
Domestic Law

By using a comparative and axiological method, the author analyzes three specific civil law institutes, locating their similarities and differences: the right of retaining possession; the right of retained property, ie. pactum reservati dominii (as institutes that exist in domestic Law on obligations); and fiduciary transfer of property (which is not regulated in domestic positive law). The subject of consideration in the paper are: the concept; properties; establishment conditions; functions; similarities and differences among these three security rights in rem, first in domestic law, and then in the law of the European Union. The aim of this paper is to formulate an answer to the question of the justification of the existence of these institutes in the future Serbian law, with their previous delimitation; as well as the degree of harmonization of domestic positive law and two drafts of potential future Serbian civil law with EU law. The author estimates that these three institutes are significantly different, and in many ways useful for Serbian law de lege ferenda, and they should coexist, so author advocate the formal introduction of fiduciary transfer of property for security purposes in Serbian law, which would expand the range of domestic security rights in rem, which is in line with the solution of the DCFR, ie. EU “soft” law, that the domestic solution needs to be harmonized with.

The Attitude of the Orthodox Parishioners Toward Euthanasia: Evidence From Georgia

2018 ◽  
Vol 39 (2) ◽  
pp. 101-107 ◽  
Author(s):  
Tengiz Verulava ◽  
Mariam Mamulashvili ◽  
Iago Kachkachishvili ◽  
Revaz Jorbenadze
Keyword(s):  
Human Rights ◽  
Ethical Issues ◽  
Public Awareness ◽  
Terminally Ill ◽  
Legal Aspects ◽  
Orthodox Church ◽  
Medical Terms ◽  
The Subject ◽  
The Right ◽  
The Church

Background The right of euthanasia is the subject of worldwide discussion today, as it is one of the most controversial medical, religious, political, or ethical issues. This study aims to survey the attitudes of Orthodox parishioners toward the euthanasia. Methods: Within the quantitative study, the survey was conducted through a semistructured questionnaire. Respondents were the parishioners of the Orthodox Church. Within the qualitative study, the survey of the experts of the Orthodox Church, in particular the clergy, was conducted. During the survey of the experts, we used the snowball method. Results The majority of respondents (81%) were aware of euthanasia. The dominant opinion is that euthanasia is “ the consent to life termination during the illness, when there is no way out and recovery is impossible” or “ a terminally ill person voluntarily decides to end life painlessly.” Those who disagree with euthanasia rely on the religious factors (why the church prohibits it). Those who agree with euthanasia action argue the legitimate human rights and free will of person. Most of the respondents (86%) have not heard about euthanasia practices in Georgia. Most of the respondents (71%) knew that the Orthodox Church prohibits euthanasia; 39% of the respondents believe that euthanasia is justified in medical terms. Conclusion It is advisable to raise public awareness on euthanasia in religious, medical, cultural, social, and legal aspects.

scholarly journals International Standards for Ensuring the Right to Liberty and Personal Security in Criminal Proceedings of Ukraine

2020 ◽  
Vol 9 (29) ◽  
pp. 250-257
Author(s):  
Valeriy Dmytrovych Pcholkin ◽  
Olena Valeriivna Fedosova ◽  
Liubov Vyacheslavna Kotova ◽  
Valentina Alexandrovna Merkulova
Keyword(s):  
System Analysis ◽  
International Standards ◽  
Criminal Proceedings ◽  
Personal Security ◽  
Legal Standards ◽  
European Court ◽  
European Values ◽  
Legitimate Interests ◽  
The Subject ◽  
The Right

The purpose of this research is to analyze international legal standards that guarantee the right to liberty and personal security in criminal proceedings. The subject of the study was the requirements of international acts, the decision of the European Court of Human Rights and the provisions of the current criminal procedural legislation of Ukraine on the issues of guaranteeing and securing of that right. The authors of the article used the following methods: dialectics, comparative legal, system analysis, formal logic. The relevance of the topic of this article depends on the fact that the current direction of the reform of the criminal procedural legislation is aimed at strengthening the legal guarantees for the protection of a person, protection of his rights, freedoms and legitimate interests in criminal proceedings. Such a fundamental right of every human being as the right to liberty and personal security is no exception to this. In this context, the legal mechanisms for the application of coercive measures need to be reviewed, re-evaluated and adjusted. This, of course, reflects the approximation of national law to international legal standards, European values, the establishment of the rule of law, and so on.

scholarly journals FEATURES OF ESTABLISHING ARBITRABILITY IN THE COUNTREES OF THE ROMANO-GERMANIC LEGAL SYSTEM

2020 ◽  
Keyword(s):  
Legal System ◽  
German Law ◽  
State Court ◽  
Arbitral Tribunal ◽  
German State ◽  
Exclusive Jurisdiction ◽  
The Subject ◽  
State Financing ◽  
The Moment ◽  
The Right

The article is devoted to the analysis of the peculiarities of securing and regulating arbitrability in the countries of the Romano-Germanic legal system, as France, Sweden, Germany and Finland. It is established that arbitration is divided into objective and subjective, each of which has its own specific features in each country's legislation. It is emphasized that French arbitration law is one of the most pro-arbitration in Europe, in particular on matters of arbitrability and public order. Concerning the features of the Swedish regulation of arbitrability, it is stated that arbitrability is determined both by the law applicable to the arbitration agreement and by Swedish law. Unless the dispute is arbitral under one of the above jurisdictions, the arbitral tribunal may not have jurisdiction to hear that particular dispute. It is established that, since the problem of impossibility to enforce an arbitration agreement on a particular issue is, in fact, a problem of the validity of the contract, then the proper moment of verification of arbitrability is the moment of the conclusion of the parties to the arbitration agreement. If the dispute arose at the same time as the parties concluded the agreement and the parties could then settle it amicably, then such dispute shall be arbitrary. The position of the Finnish legislation on limiting the right of a party to an arbitration hearing to request the annulment / refusal of enforcement of an arbitral award on grounds not stated by the arbitral tribunal is analyzed. It has been established that, in the practice of the Finnish courts, there are no examples of restrictions on the right of parties who conclude commercial contracts involving budget (state) financing, to submit disputes from such contracts to the arbitral tribunal. It has been established that any property claim may be the subject of arbitration in Germany. German law reflects the concept of arbitrability, which provides for two conditions for admissibility of the dispute through arbitration: if the subject matter of the dispute does not fall within the exclusive jurisdiction of the German state court (objective arbitrability), and when the parties to the dispute entered into a valid arbitration subjective arbitrage).

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