Issues Of Arbitration Research Articles

Two Nebulous ICSID Features: The Notion of Investment and the Scope of Annulment Control – Ad Hoc Committee’s Decision in Patrick Mitchell v. Democratic Republic of Congo

More than forty years after the conclusion of the Convention on the Settlement of Investments Disputes between States and Nationals of Other States, a number of rules concerning the jurisdiction of ICSID tribunals and the nature of ICSID’s internal annulment mechanism control remain controversial. The Patrick Mitchell v. Democratic Republic of Congo ad hoc committee decision addressed two much-debated ICSID arbitration issues: first, the definition of investment under the Convention; and second, the scope of the review to be carried out by ICSID ad hoc committees.

'To Boldly Go Where No One Has (Arbitrated) Before': The Star Trek Mythos as an Heuristic Paradigm for Jurisdictional and Arbitration Issues

While the topic of international arbitration has failed to capture the interest of Hollywood producers or television audiences, the science fiction genre yields a serendipitous result. Using an excerpt from a Star Trek: The Next Generation episode, this brief comment analyzes the impact of law and popular culture on the issues of the rule of law, jurisdiction and international (more accurately, intergalactic) comity within the context of bilateral and multilateral treaty obligations.

Asynchronous Techniques for System-on-Chip Design

SoC design will require asynchronous techniques as the large parameter variations across the chip will make it impossible to control delays in clock networks and other global signals efficiently. Initially, SoCs will be globally asynchronous and locally synchronous (GALS). But the complexity of the numerous asynchronous/synchronous interfaces required in a GALS will eventually lead to entirely asynchronous solutions. This paper introduces the main design principles, methods, and building blocks for asynchronous VLSI systems, with an emphasis on communication and synchronization. Asynchronous circuits with the only delay assumption of isochronic forks are called quasi-delay-insensitive (QDI). QDI is used in the paper as the basis for asynchronous logic. The paper discusses asynchronous handshake protocols for communication and the notion of validity/neutrality tests, and completion tree. Basic building blocks for sequencing, storage, function evaluation, and buses are described, and two alternative methods for the implementation of an arbitrary computation are explained. Issues of arbitration, and synchronization play an important role in complex distributed systems and especially in GALS. The two main asynchronous/synchronous interfaces needed in GALS-one based on synchronizer, the other on stoppable clock-are described and analyzed.

Comment: Practical and Procedural Issues in Arbitration

Comment: Practical and Procedural Issues in Arbitration

High-quality results, high-quality processes: Top in-house counsel discuss the continuing challenges in commercial arbitration

More in-house views are included in highlights of a roundtable discussion of commercial arbitration issues, and a panel discussion on why mediations fail, from two separate CPR Institute meetings of last year

Arbitration: a final step in the dispute resolution process.

This department addresses issues related to leadership and collective bargaining. Whether a staff is unionized or not, administrators need to know how to make the organization run smoothly and efficiently. In organizations that are not unionized, nurse leaders should understand the benefits of vulnerability audits, be able to recognize signs of union activity, and know what to expect during an organizing campaign. In unionized organizations, managers need to know their role in contract negotiations; be comfortable with handling grievance, discipline, and arbitration issues; and be ready for what may happen during strikes. Other specific management/labor issues will be addressed as well. The authors welcome questions from readers.

Decertification: management's role when employees rethink unionization.

This department addresses issues related to leadership and collective bargaining. Whether a staff is unionized or not, administrators need to know how to make the organization run smoothly and efficiently. In organizations that are not unionized, nurse leaders should understand the benefits of vulnerability audits, be able to recognize signs of union activity, and know what to expect during an organizing campaign. In unionized organizations, managers need to know their role in contract negotiations, be comfortable with handling grievance, discipline, and arbitration issues, and be ready for what may happen during strikes. Other specific management/labor issues will be addressed as well. The authors welcome questions from readers.

The anatomy of a union campaign.

This department addresses issues related to leadership and collective bargaining. Whether a staff is unionized or not, administrators need to know how to make the organization run smoothly and efficiently. In organizations that are not unionized, nurse leaders should understand the benefits of vulnerability audits, be able to recognize signs of union activity, and know what to expect during an organizing campaign. In unionized organizations, managers need to know their role in contract negotiations, be comfortable with handling grievance, discipline, and arbitration issues, and be ready for what may happen during strikes. Other specific management/labor issues will be addressed as well. The authors welcome labor relations questions from readers.

Symbolic NFA scheduling of a RISC microprocessor

We describe a set of techniques for representing the high-level behavior of a digital subsystem as a collection of nondeterministic finite automata, NFA. Desired behavioral dynamics such as functional dependencies, sequential timing, and sequencing, and control state are similarly modeled. Using techniques similar to that used in formal model checking, we implicitly explore the possible execution sequences of the system, obeying all imposed constraints. This provides a very general, systematic mechanism for performing high-level synthesis of cyclic, control dominated behaviors, constrained by arbitrary sequential constraints. In this paper, we show that these techniques are scalable to practical problem sizes and complexities by constructing a high-level model of a (MIPS IV) RISC microprocessor and then performing exact scheduling and related design tradeoffs on this model. The model is constructed at the level of register transactions to address the majority of contention and arbitration issues of architectural interest.

With Payment Laws Failing, Physicians Turn to Courts

With Payment Laws Failing, Physicians Turn to Courts

Issues in Arbitration of Claims against Third World States

Issues in Arbitration of Claims against Third World States

Judicial Supervision of Commercial Arbitration: The English Arbitration Act of 1996

A LONG contentious issue in commercial arbitration is the permissible degree of judicial intervention in the arbitral process. The contending considerations on the issue are clear. On the one hand is the interest of the parties in a speedy, inexpensive and final resolution of their dispute. On the other hand is the interest of the State in ensuring the fairness, impartiality and integrity of the arbitral process.1 Judicial intervention in arbitration is however not invariably inconsistent with the interests of the parties, as the courts provide useful assistance that guarantees both the effectiveness and efficiency of the arbitral process. Thus, while ‘it is generally recognised that, in order to be fully effective, transnational arbitration must be freed from judicial interference’,2 ‘it is also acknowledged that arbitration ‘needs the support of national law if it is work effectively’.3 The delicate issue though is how to strike a balance between respect for the wishes of the parties to use a private system of dispute resolution and the interests of the State in superintending the process. English courts were historically suspicious of the arbitral process. This resulted in extensive judicial intrusion in the process. This traditional English judicial attitude has significantly changed in recent decades. English courts now adopt a position more of partnership than confrontation towards arbitration.4 This change in attitude has been reflected in successive English arbitration laws, which have increasingly enhanced the authority and effectiveness of arbitral tribunals. A good example was the 1979 Arbitration Act that introduced significant progressive reforms to English arbitration law, including the abolition of the much-criticized case stated procedure. The new Arbitration Act 1996 has improved the amicable partnership between courts and arbitral tribunals in England. The Act, which largely replaces the previous piecemeal legislation that governed arbitration in England,5 …

State theory and the origins of federal arbitration legislation in Australia

Abstract Current accounts of the origins of Australian federal compulsory arbitration present contradictory or inadequate explanations of the array of social forces leading to the 1904 Conciliation and Arbitration Act. Using a methodology based on Skocpol and Aglietta, key issues of Australian arbitration are preliminarily identified through the application of an ideal type explanation of arbitration provided by Macintyre, Patmore and Bennett, set against the analytical lens of four central perspectives within the state theory literature. Using a methodology based on Skocpol and Aglietta, this paper considers the ideal-type explanation of Australian arbitration provided by Macintyre, Patmore and Bennet. By comparing this conception through the analytical lens of pluralist, structuralist, class struggle and state centred perspectives of state behaviour, significant issues of the origins of Australian arbitration can be identified. This paper identifies areas and issues for future research.

Arbitrability: Current Trends in Europe

A FRENCH law professor was recently noting as an introductory remark to one of his articles on arbitration that there are fashions in the world of arbitration, and that the issue of arbitrability is becoming increasingly fashionable.2 Whether or not the world of arbitration is particularly sensitive to fashions is a subject that will not be addressed in this article. There is, however, a very valid point in this remark, which is that the issue of arbitrability has become, in recent years, one of the main concerns of those who practise arbitration, whether as members of the national courts to which arbitration awards are submitted, as arbitrators or as counsel to the parties. One reason for the increasing importance of this concern is probably the success of international arbitration. It is indeed unanimously admitted that the last decades have seen a dramatic growth of arbitration as the preferred method of settling international commercial disputes. The basic reasons for this growth have been described and discussed at great length, and almost everyone agrees that the most important ones are the desire of the parties to international transactions to secure a neutral forum, the confidentiality and privacy of the arbitral procedure and award and the (generally) speedier conduct of arbitration as compared with judicial proceedings. This success, however, has multiplied the number of instances where an issue may arise regarding whether the dispute submitted to arbitration, or certain questions which are part of this dispute, are capable of settlement by arbitration. Hence the increasing interest in the manner in which this issue is to be resolved. In this regard, European countries offer a wide range of legislative and/or case law rules. Each set of rules is largely independent of the others and has been designed and will evolve independently, at least …

What Law Governs the Issue of Arbitrability?

ALTHOUGH JUDICIAL power is an essential prerogative of states, the parties may, if they express the wish to do so, give jurisdiction to arbitrators to settle their disputes. But on the other hand, the state retains the power to prohibit settlement of certain categories of disputes outside its courts. It is then claimed that the dispute is not arbitrable: if an arbitration agreement is entered into, it will not be valid. Arbitrability1 is indeed a condition of validity of the arbitration agreement and consequently, of the arbitrators' jurisdiction. The issue of objective arbitrability may arise at various points in the procedure. At each stage, the question arises: What law governs the issue of arbitrability? Let us take a few examples. A French company and an Italian company enter into a trademark licence agreement. A dispute arises which involves the validity of the trademark and arbitrators are appointed. The arbitral...

Arbitrability: Current Trends in the United States

THIS ARTICLE addresses the current trends in arbitrability in the United States. The issue of arbitrability of claims other than statutorily created claims is now undisputed, as long as the underlying contractual agreement embraces the dispute. Likewise, the result would appear to be virtually the same for most statutorily created claims with the result that US courts will enforce almost all agreements to arbitrate disputes, regardless of the genesis of the claims. This article is divided into two main sections. First, the law governing arbitrability is discussed. The second part analyses current trends in the arbitrability of specific types of disputes. Congress passed the Federal Arbitration Act in 1925 (FAA).1 Historically, US courts had refused to enforce arbitration agreements, jealously guarding their dispute resolution monopoly. The FAA began the process of ending the long standing judicial hostility towards arbitration.2 The FAA gives...

A Practical Guide to Drug and Alcohol Issues in Arbitration

A Practical Guide to Drug and Alcohol Issues in Arbitration

Book Review: Labor-Management Relations: Alcohol and other Drugs: Issues in Arbitration

Book Review: Labor-Management Relations: Alcohol and other Drugs: Issues in Arbitration

Alcohol and Other Drugs: Issues in Arbitration.

Alcohol and Other Drugs: Issues in Arbitration.

Ethical concerns in grievance arbitration

Although the use of arbitration has become commonplace in the organizational world, the ethical issues surrounding arbitration have never been fully explored. The paper reviews ethical issues in arbitration, particularly in terms of forensic bias parallels, that may affect decision-making and make the arbitrator's decision questionable. Finally, the maintenance of fairness in the arbitration process, and the importance of an ethically acceptable system of organizational justice are also discussed.