952 resultados para Arbitration and award


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The dream of pervasive computing is slowly becoming a reality. A number of projects around the world are constantly contributing ideas and solutions that are bound to change the way we interact with our environments and with one another. An essential component of the future is a software infrastructure that is capable of supporting interactions on scales ranging from a single physical space to intercontinental collaborations. Such infrastructure must help applications adapt to very diverse environments and must protect people's privacy and respect their personal preferences. In this paper we indicate a number of limitations present in the software infrastructures proposed so far (including our previous work). We then describe the framework for building an infrastructure that satisfies the abovementioned criteria. This framework hinges on the concepts of delegation, arbitration and high-level service discovery. Components of our own implementation of such an infrastructure are presented.

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This paper seeks to investigate the bases for resistance to arbitration in general -and investor arbitration in particular- focusing on the way in which arbitral tribunals deal with notions of public interest and the public good. The paper hypothesises that while courts have within their terms of reference the capacity to consider notions of public interest, arbitral tribunals do not. It is this core difference in the scope of decision making between the two bodies that could render privately organised dispute resolution unsuitable for disputes that have public aspects, like investor-state disputes. The paper discusses the meaning of public interest and the public good as found in the literature. It then proceeds to consider how tribunals in the investment field have dealt with these concepts. This leads to a conclusion urging not abandonment of arbitration as a component of dispute resolution, but caution. It is argued that unchecked growth in private dispute resolution can threaten perceptions of legitimacy and democratic accountability. The paper adopts a socio-legal methodology in considering the effect of legal mechanisms on social and political phenomena. It is also informed by a law and economics methodology in addressing impacts of dispute resolution mechanisms on economic efficiency. The contribution of the paper rests on theorising motivations for resistance to private dispute resolution, a topical issue in light of the TTIP debate.

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Échange, dans le cadre des matinées constitutionnelles organisées par le CRDP, entre Peter Bowman Rutledge, Professeur agrégé à la Faculté de droit de la Catholic Universiy of America et Roderick MacDonald, titulaire de la Chaire F.R. Scott en droit public et constitutionnel à la Faculté de droit de l'Université de McGill. M. MacDonald est également, chercheur associé au CRDP.

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This book focuses on the general principles of ICA while drawing on case law and relevant legislation from Australia, China, Hong Kong, India, Indonesia, Japan, Korea (Republic of), Malaysia, New Zealand, the Philippines and Singapore. Equips the reader to deal with many arbitration issues which are not dealt with (or are scarcely dealt with) in the various arbitration statutes. The book succinctly summarises the key features of a complex and evolving area of law and practice while not shying away from the more difficult or contentious issues.

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Includes bibliography

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