International Trade Conflicts between Judiciary and Arbitration: A Comparative Study

2019 ◽  
Vol 35 (2) ◽  
pp. 263-276
Author(s):  
Hossam S. Ali

ينفق قضاء الدولة والتحكيم في هدف واحد، هو الفصل في المنازعات بحل عادل وملزم، والتقييم الصحيح لمزايا التحكيم يقود إلى تحقيق دور كبير في حل منازعات التجارة الدولية. وعامة، إن كان التحكيم من أهم الوسائل البديلة عن القضاء لحل منازعات التجارة الدولية، فإن اتفاق الأطراف على اللجوء للتحكيم لفض منازعاتهم التجارية، لا يعني انقطاع صلة هذا النزاع بقضاء الدولة؛ لأن اتفاق التحكيم لا ينزع الاختصاص من قضاء الدولة، فإذا واجهت إجراءات التحكيم أي عقبة خلال أي مرحلة من مراحله، فإنه يتم اللجوء لقضاء الدولة؛ لإزالة هذه العقبات وتذليلها، سواء عند بدء إجراءات التحكيم أو أثناء سير الخصومة أو عند صدور الحكم وتنفيذه. وهو ما حرص المنظم السعودي على تأكيده في نظام التحكيم السعودي الجديد ولائحته التنفيذية، مواكبةً للبيئة القانونية الدولية.

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Pedro Mendonça Silva ◽  
Victor Ferreira Moutinho ◽  
Vera Teixeira Vale

Purpose The purpose of this paper is to examine the relationship between product innovation and network and their export performance, particularly in trade fair context. Moreover, this paper conducts a comparative study among services/industrial small and medium-sized enterprises (SMEs) and considers the home-country context. Innovation and internationalization are stagnant themes in the recent literature on trade fairs, so they require to be renewed. Design/methodology/approach The empirical study includes a survey with 341 SMEs’ respondents separated into both industrial/producer and service/other. A conceptual model was developed and examined from three different perspectives: Model A encompasses all surveyed SMEs, Model B includes only industrial/producer SMEs and Model C comprises service/other SMEs. Data analysis happened in two steps. The first step included the structural equation model (SEM) and the assessment of hypotheses (from three different perspectives). Thus, it was possible to make a comparative analysis between the models. In the second step, the ordered logit model (OLM) is used to study relationships between control variables and the criteria variable export performance. Findings The SEM’s results confirm a conceptual model about a dynamic trajectory that SMEs, mainly industrial/producer, can take advantage of: innovate to networking and networking to export. The results allowed to verify when comparing services/industrial SMEs that the tangibility which characterizes the innovation of industrial SMEs' products contributed significantly to the performance of business networks and exports. The study also reveals, through the OLM, two catalysts for the success of the SME’s export performance: export experience and continued participation in trade fairs. The OLM results also reveal that the size of the companies is not relevant, so trade fairs are marketing tools accessible to any company, regardless of their size. Finally, the study considered home-country context of the surveyed SMEs, which allowed additional interpretations to be drawn. Research limitations/implications The study does not reflect the individual's personality in his network capacity and the export performance was measured based on the level of satisfaction and not on real sales results. However, the study provides relevant practical implications and can support future studies. Practical implications The study offers important implications for SME. The results reveal that presenting product innovations at trade fairs is a useful tool for SMEs to create networks, which facilitates their export performance, especially for industrial SMEs residing in small economies such as Portugal. This study is also relevant for business associations of industrial SMEs and/or public or semi-public SME promotion agencies. Originality/value This paper contributes to the literature on trade fairs, suggesting a new innovation, networking, export (INE) framework to reflect on the participation in international trade fairs. So, this research especially combines product INE performance in a particular context – international trade fairs for SME. It also considers the home-country context of the SMEs, which adds depth to the study. Finally, the comparative study also provides insightful implications for industrial SMEs on how to improve the export performance from trade fairs by leveraging innovation and networking.


2004 ◽  
Vol 30 (4) ◽  
pp. 537-544 ◽  
Author(s):  
Wyn Grant

D.A. Irwin, Free Trade Under Fire (Princeton, NJ: Princeton University Press, 2002), 257 pp.F. Jawara and A. Kwa, Behind the Scenes at the WTO: The Real World of International Trade Negotiations (London, Zed Books, 2003), 329 pp.Amrita Narlikar, International Trade and Developing Countries: Bargaining Coalitions in the WTO (London, Routledge, 2003), 238 pp.American actions since the collapse of the trade talks at Cancún have suggested that trade conflicts can no longer be solved simply by a bilateral bargain with the EU that is then imposed, with a few side payments, on the other members of the WTO. The emergence of the G-21 (with its fluctuating membership) has at least opened up the possibility that trade negotiations may move away from the US–EU duopoly that has characterised them for so long towards a set of bargaining arrangements that are more multilateral. It may be that the real beneficiaries of these changes will be the emerging countries such as Brazil, China and India, all prominent in the leadership of the G-21, rather than the least developed countries. Thus, for example, opening up trade in sugar could benefit Brazil and harm Mauritius.


2010 ◽  
Vol 1 (2) ◽  
pp. 167-173 ◽  
Author(s):  
Nico Jaspers

This section is meant to give readers an insight into the emerging field of nanotechnologies and risk regulation. It informs and updates readers on the latest European and international developments in nanotechnologies and risk regulation across different sectors (e.g., chemicals, food, cosmetics, pharmaceuticals) and policy areas (e.g., environmental protection, occupational health and consumer product, food and drug safety). The section analyzes how existing regulatory systems deal with new kinds of risks and reviews recent regulatory developments with a focus on how best to combine scientific freedom and technological progress with a responsible development and commercialization of nanotechnologies.


The present study was conducted to compare the marketing strategies of knitwear exporters of Ludhiana (Punjab) and Tirupur (Tamil Nadu). An exploratory study was conducted in which thirty knitwear export units each from Ludhiana and Tirupur were selected, and information was collected using a questionnaire. In Tirupur, only 3 percent of the units had their brand, while in Ludhiana, 60.00 percent of the units had their brand. Out of the knitwear units in Ludhiana, which did not own a brand, 91.67 percent worked with buyer's brand or other private labels, while in Tirupur, 58.63 percent of the units were not interested in owning a brand. The first rank was given to seminars, workshops, and international trade shows, which were used as a source to get information by knitwear export units at both places (Ludhiana and Tirupur). One-third of the units in Ludhiana acquired ISO14000 certification, while in Tirupur, about two-thirds of the units got OekoTex Standard-100. It was also found that 46.67 percent of the units in Ludhiana spent less than 5 lakh rupees, and in Tirupur, 30 percent of the units spent more than 15 lakh as promotional ? budget. Nearly half (53.33 percent) of the units in Ludhiana and 36.67 percent of the knitwear export units in Tirupur spent 3-9 percent of total export sales on marketing research.


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