Introduction Of Arbitration Research Articles

Trademark Disputes And Role Of Arbitration

Tangible assets have been considered an essential resource for the growth of a business and were given utmost importance all over the world. Until the time the importance of intangible assets came into existence. It took over a decade or two to realize the importance of intangible assets and ultimately it led to the development of intellectual property laws. Intellectual properties in simple terms reflect any property, which is created with the person’s intellect that is to say; through a person’s mind. Intellectual Properties include Trademarks, Copyrights, Patents, Trade Secrets etc… Trademarks are a form of intellectual property. Trademarks are marks, that business entities use to differentiate goods or services from other existing businesses in the market. These marks include any word, symbols, phrases or insignia. There can be trademarks as well as service marks. Trademarks are used for the purpose of goods and service marks are used for the services provided by the various business houses or entities. Trademark disputes are disputes involving disputes or rivalry between various trademarks Trademark Dispute can be of various types. Disputes in registration of a Trademark, licensing of a Trademark or Trademark infringement, cybersquatting or domain name dispute. Arbitration has extended its jurisdiction toward the resolution of disputes involving trademarks due to the considerable growth in the Intellectual Property Sector. Various countries across the globe, including India, have started working towards their Intellectual Properties and made various laws, which govern them. However, with the growth in Intellectual Property, there has also been a spike in the Disputes relating to these. “Arbitration- Mediation” resolution method has been an aid in the resolution of intellectual property disputes. Still, no hard and fast rules have been made to date. The introduction of arbitration in the resolution of trademark disputes or IPR disputes will be an aid in lessening the burden on courts.

Some Critical Thoughts on the Introduction of Arbitration in Tax Treaties

Some Critical Thoughts on the Introduction of Arbitration in Tax Treaties

Compulsory Arbitration and Union Recovery: Maritime-Related Unions 1900-1912

Until recently, conventional wisdom has had it that the introduction of com pulsory arbitration caused the revival and growth of unionism at the beginning of the twentieth century. In isolation, Peter Macarthy provided well-founded but over looked arguments in opposition to that wisdom. However; Macarthy did not develop his analysis further by systematically following unions in relation to arbitration in the context of changing product and labour markets. This article develops this type of analysis by examining the relationship between compulsory arbitration in New South Wales and trends in the memberships of four maritime-related unions in the decade to 1912. It confirms Macarthy's argument that the union recovery came before the introduction of arbitration. In this case it was due to a strong growth in shipping, an improving labour market and the organising and collective bargaining activities of the union movement. Further; it suggests that there was no 'arbitration effect' on union membership numbers before the introduction of the 1908 Act, and even where mem bership increased rapidly after 1910 this bad little to do with the New South Wales arbitration system.

Unintended Consequences of Court Arbitration: A Cautionary Tale From New Jersey

Arbitration programs are expected to reduce delay and costs by providing a more efficient substitute for trial. But since most disputes are already resolved without adjudication, an arbitration program is likely to divert more cases from settlement than from trial. The net effect can be an increase in delay and congestion in the courts. This pattern is illustrated by a recent study of court-annexed automobile arbitration in New Jersey. Following the introduction of arbitration, there was a significant reduction in the percentage of cases settled without third-party intervention, but no reliable decrease in the trial rate, and a significant increase in filing-to-termination time for auto cases assigned to the program. Arbitration programs appear to meet a demand for fair, adjudicative third-party hearings, but in doing so, they don't always improve court efficiency, and can even reduce it.

Foundations of Arbitration: The Origins and Effects of State Compulsory Arbitration 1890-1914

Origins: Pre-arbitral labour legislation in Australia Voluntarism of compulsion? State systems of conciliation and arbitration The compulsory arbitration model of industrial dispute settlement Agency: Forced march Trade unions, the labour party and the introduction of arbitration in New South Wales and the commonwealth Neither capital nor labour Effects: The economy, wages and the establishment of arbitration Compulsory arbitration Master builders and the beginnings of arbitration in New South Wales The shop assistants case of 1907 and labour relations in Sydney's retail industry Theoretical reflections: Theoretical perspectives on legislative innovation: Corporatism and Australian arbitration Arbitration and the fight for economic justice The state, the labour process and the foundations of arbitration Notes Bibliography Notes on contributors Index

The Historical Background of Commercial Arbitration

EARL S. WOLAVERt The origin of arbitration is lost in obscurity. At what time or place man first decided submit his chief or his friends for a decision and a settlement with his adversary, instead of resorting violence and self-help, or the public legal machinery available, is not known; and any inquiry of sort would belong more properly in the history of social growth and ethics than in either law or economics. In all religions there are many injunctions be at peace with one's neighbors and be reconciled speedily with an adversary. Aristotle urged the benefits of conciliation.' In Heraldus' Animadversiones 2 there is described a court of reconcilement that existed among the Greeks. It was common among the Romans to put an end litigation by means of arbitration.3 Bell says this amicable private tribunal is of an earlier date than the public courts. 4 The introduction of arbitration seems be coeval with the foundation of our law.5 In the earliest forms of society disputes were tried by the heads of families, whence is derived the patriarchal tribunal noW given the office of arbitrator.6 From the charters that were issued the English gilds, it is clear that these traders recognized the value of some extrajudicial method and, in sonme of the earlier books on the law merchant, it is certain the merchant preferred justice according the Law of Merchants that of the common law. The history of arbitration, unlike the history of law, is not an account of the growth and development of principles and doctrines that have come, through a long use, have a general validity and force. While arbitration probably antedates all the former legal systems, it has not developed any code of substantive principles, but is, with very few exceptions, a matter of free decision, each case being viewed in the light of practical expediency and decided in accord with the ethical or economic norms of some particular group. One case is not authority for another since the decisions are in terms of persons and practices and not in accord with prescribed rules and doctrines. If we assume that arbitration is a substitute for a proceeding at law and that it is governed only by the sense and conscience of the arbitrators, it