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This paper proposes a structured, tiered framework through a UNCITRAL Model Law to gradually integrate artificial intelligence (AI) into foreign investment law arbitration in an ethical and effective manner. It also explores the critical role arbitration institutions can play in facilitating AI implementation. It details how AI can assist arbitrators by searching vast datasets, automating routine tasks, and enhancing decision-making through analysis of previous cases. Current AI regulations in regions like the EU, UK, and Canada fall short in addressing the complexities of cross-border arbitration and ensuring interoperability. By emphasising the distinct contributions of the proposed UNCITRAL Model Law and arbitration institutions, the paper highlights a multi-faceted strategy to overcome challenges posed by outdated international conventions, inconsistencies in bilateral investment treaties, and the lack of comprehensive guidance. This approach aims to refine the integration of AI in arbitration processes, enhancing efficiency, fairness, and the legitimacy of the arbitration system. [ABSTRACT FROM AUTHOR]

In recent decades, a wide array of alternative dispute resolution (ADR) forums have taken shape within British Muslim communities. Exploring the development of Muslim ADR practices in contemporary Britain, this paper argues that these quasi-legal mechanisms are not entirely novel formations created afresh in the modern British socio-legal context; but rather, they have antecedents in long-standing cultural and religious norms that can be traced back to colonial-era South Asia. In the Indian subcontinent under British rule, the paper suggests, religious and community leaders often sanctioned the practice of community-led dispute resolution, grounded in Islamic principles of mediation and arbitration, to settle disputes without recourse to government courts. Ultimately, the routines of Muslim non-state adjudication formulated in South Asia were transposed through the dynamics of migration to the UK, where they continue to be visible in faith-based dispute resolution forums and practices. [ABSTRACT FROM AUTHOR]

The UNCITRAL Working Group III is analysing possible reforms of the arbitral rules to address the risks associated with the increased prevalence of third-party funded (TPF) investment arbitration claims. TPF proponents claim that it provides access to justice for impecunious parties. Given the structural deficits in international investment law and claims are fulfilled from taxpayers' funds, allowing unregulated TPF risks creating unjustifiable wealth transfers from the citizens of target states for the benefit of speculators. The research sets off with identifying the concerns associated with TPF in investment arbitration and follows with an exemplification of the available jurisprudence, specifically the Teinver v. Argentina arbitral award and the decision on Argentina's annulment application, to understand the manner in which arbitral tribunals address the presence and impact of the funding agreement on the arbitration. Few jurisdictions, however, have legislated upon issues and concerns related to the TPF that could impact the arbitration. Within the UK and India there is a mix of traditional doctrinal principles, institutional rules and code of conduct to regulate claim-funding. This research paper attempts to trace the presence and concerns related to TPF in the ISDS system and also suggest few areas for law reform to prevent the adverse effects of TPF on developing states and on the investment law regime itself. [ABSTRACT FROM AUTHOR]

This paper is concerned with developments in the UK ‘creative industries’ in the late 1990s. It questions the government's preoccupation with measuring these industries, and argues that this quantification impulse – manifested in a high-profile ‘mapping’ exercise – was tied to the intensification of disciplinary forms of regulatory power. The power to define, control and orient the modern economy can be seen to be exercised through the production and mediation of geographical knowledges. [ABSTRACT FROM AUTHOR]

Due to this international character of English, texts in this language -as proffered by several major institutions in the area of public and private law- are deployed as necessary tools of communication in the course of the establishment of transnational commercial and juridical relationships. However, English as the language of the law has been branded as a complex, opaque, kind of discourse. The aim of the present paper is to address the question of the undeniable complexity of legal texts in English as instruments to wield power, their unveiled communicative aim being to separate the ruler from the citizen and the legal message from its user. To demonstrate the validity of such thesis, genre analysis has been applied to three paradigmatic texts, consequential to develop international deals in the transnational contexts: the insurance policies of the London Institute of Underwriters at Lloyd's, the Rules issued by the London Court of international Arbitration and the Geneva Convention on the Contract for the International Carriage of Goods by Road (CMR). The goal of our study will be carried out through different levels to discern whether there exists any possible equation between power and textual complexity: the formal and discursive level, which will scrutinize lexicon, syntax and textual elements (macrostructure of texts and metadiscourse markers) and the pragmatic level, which will study the texts as peculiar generic types of legal agreements where power and commitment between the parties as a set of directives, i.e. obligations exerted by a powerful party over another, the recipient of the text. [ABSTRACT FROM AUTHOR]

Copyright of Hacettepe Law Review is the property of Hacettepe Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The British coal industry holds a pivotal position in the history of industrial relations. During the late nineteenth century the institutions responsible for determining the algorithm used to calculate wages in the pits underwent several significant changes. From the late 1870s to the early 1890s, wages were determined by means of a sliding scale, according to which the nominal wage rate was linked to the price of coal quarter by quarter. Since the price of coal was generally more volatile than the general price index this meant that workers in the industry were subjected to substantial fluctuations in their income streams. From 1893 to 1914, the sliding scales were replaced by conciliation boards, which did not have any constitutional requirement for the wage rate to be linked to the price of coal, but in fact continued the sliding scale arrangement subject to negotiated limitations on its operation.[1] The importance of the conciliation boards lies in the fact that they marked a crucial step in the change from wages being determined largely by conditions in the output market, to the payment of a fixed wage rate formally independent of the coal price that was finally achieved during the second World War. The main question addressed in this paper is whether or not economic agents in the context of a non-experimental bargaining system can be viewed as * Thanks are due to Avner Shaked and Simon Vicary for useful conversations, to Gary Tennant for able research assistance and to two referees for helpful and constructive suggestions. Earlier versions of this work have been given at seminars at Hull, Queen Mary College (London), Sheffield, London School of Economies, the ESRC Quantitative Economic History Conference at Newcastle-upon-Tyne (September 1987), FUR-IV, Budapest (June 1988) and the 2nd World Congress of Cliometrics, Santander (June 1989). The ideas in the paper were developed while I was a visitor at the Centre for Labour Economics at LSE, in the sp... [ABSTRACT FROM AUTHOR]

This paper explores the health care complaints handling reforms enacted in Britain, Australia and Taiwan. A documentary search for policy documents, reports and studies related to the reforms of the health care complaints handling system was conducted. A keyword search was performed within PubMed and ProQuest for the period 1985-2009 to identify relevant articles. The study found that the major difference in health care complaints handling systems between countries, is the mechanism for running a complaints system. Both Britain and Australia have attempted to incorporate patient complaints into their national quality systems. Their intention was to set up mechanisms to create an effective bridge, at a national policy level, between the patient complaints management system and the quality management system. [ABSTRACT FROM AUTHOR]

Copyright of Law & Justice Review is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses the disclosure of third party funding (TPF) arrangements in arbitration and litigation in England, Wales, and Australia. Topics explored include the way TPF disclosure can impact arbitration outcomes and arbitrators, the acknowledgment of TPF in Australian litigation procedures by the British Civil Justice Council (CJC), and the distinction and association between the disclosure of information and disclosure of interest.

This article addresses the termination of the CJEU's jurisdiction post-Brexit and its replacement with a much more restricted dispute resolution provision, more reminiscent of that found in free trade agreements, focusing in particular on the enforcement of mobility rights. It begins by addressing the root causes for Britain's antagonism towards the Court. It argues that the Court's expansive interpretation of the Treaties, masked by a legalist approach to European integration, has allowed the Court largely to avoid scrutiny by most Member States. Nevertheless, the Court's judicial activism was ultimately rejected by the UK leading to the Court's curia non grata status post-Brexit. It then analyses the key features of the post-Brexit dispute settlement system proposed by the UK and the EU. We argue that while the Court has been criticized for its judicial activism, EU law did provide significant avenues for an individual's access to courts. This fundamental feature is missing from the dispute resolution mechanism under the proposed UK-EU free trade agreement (FTA), leaving an important gap in the system of justice in the future UK-EU relationship. We argue that under the new dispute settlement regime mobility rights will be adjudicated as trade disputes. This has serious implications for the protection of rights of individuals wishing to exercise any future mobility rights. [ABSTRACT FROM AUTHOR]

Concluded at Rouen in March 991, the Anglo-Norman treaty has traditionally occupied a very small corner of the huge historiography for King Æthelred's reign as one of the first of the king's failures to deal with the threat of renewed viking raids. This article is an attempt to rethink the place and importance of this treaty in the scholarly literature by looking at it from the perspective of how diplomacy was practised in the earlier middle ages. It reveals the treaty as the earliest arbitration treaty in the medieval West and offers alternative ways of viewing the immediate context and circumstances of the negotiations, as well as the persistence of important diplomatic practices across a long period. [ABSTRACT FROM AUTHOR]

The article discusses the history of the final-offer arbitration in Great Britain. In this approach, an arbitrator is restricted to selecting between the final offers of the parties, and is unable to compromise between them. The scheme has been used intermittently in several industries from 1860. The conciliation boards in the unionized coal mining and iron and steel industries comprise of equal numbers of negotiators on each side. In the event of a disagreement, an independent chairman would cast a deciding vote between the two final offers of the parties. The chairman, however, was prohibited from splitting the difference. Currently, final-offer arbitration is usually accompanied by a no-strike agreement.

The article examines the judicial attitude and the development of the policy of English law favouring arbitration. It suggests that, contrary to the prevailing narrative in legal literature, English judicial attitudes in the 18th and 19th centuries never reflected a hostility to arbitration. As is demonstrated, a policy favouring arbitration was introduced by the legislature as early as the end of the 17th century, and was subsequently developed by English courts deciding under statutory law and in the 19th century under the common law. The analysis offers, for the first time, an account of English arbitration as a dispute resolution system which originally emerged as being part of, rather than antagonistic to, the English courts system. Understanding how arbitration developed in England is important not only for historical purposes, but also because it can provide helpful insights into current debates surrounding the legitimacy and potential reform of English arbitration law. [ABSTRACT FROM AUTHOR]

The question of State succession to bilateral investment treaties (BITS) has recently gained some attention by scholars as a result of an increasing number of cases dealing with the issue. This article examines awards decided in the context of dissolution of state and secession. My analysis shows that while many tribunals in the context of the dissolution of Czechoslovakia have not explained why a new state could be considered to be bound by obligations arising from a treaty entered into by another state, many others have correctly explained that treaty continuation was the result of exchange of letters between the states concerned. In the context of the secession of Montenegro and the break-up of the USSR, tribunals have also correctly affirmed that the continuing state remains bound by the treaties that had been entered into before the date of succession. No tribunal has therefore endorsed the principle of automatic succession to bilateral treaties set out under Article 34 of the 1978 Vienna Convention. [ABSTRACT FROM AUTHOR]

The article talks about the liability of arbitrators and arbitral institutions for acts outside of fraud, corruption, criminal activity, and intentional wrongs, and the concept of arbitral immunity. Topics include English law, the Arbitration Act 1950, and the issue of whether arbitral institutions enjoy legal immunity at English common law and French law. Other topics include legal cases including Suttcliffe v Thackrah (1975), Arenson v Arenson (1977), and the case of FFIRC (2010).

The paper offers a look at discrimination in the Great Britain discretionary points award system, and assesses whether any disparity between the discretionary points awarded to consultants in England and Wales and in Scotland is associated with ethnic origin and sex. The discretionary points award scheme is one of the main mechanisms for rewarding consultants beyond their basic salaries in England, Wales, and Scotland. It was assessed that non-white and female consultants may be disadvantaged under the discretionary point award scheme.

The article discusses how arbitral tribunals determine the content of the law applicable to various disputes as of 2015, and it mentions arbitration rules, as well as the iura novit curia and iura novit tribunus legal doctrines. It states that commercial arbitral tribunals can re-classify claims and exercise iura novit tribunus to replace a party's legal reasoning with its own. Investment arbitration claims are examined, along with English and Swiss arbitration laws and courts.

This article looks at lex mercatoria from the point of view of the author as an English lawyer, and considers whether the lex mercatoria is relevant to cross-border contracts: and in particular whether it is relevant to international commercial arbitration. The concept of a law merchant is not unknown in England: English courts dating back centuries have administered such a system of law. Has the medieval law merchant given way to a 'new' lex mercatoria? And if so, does it exist as a separate system of law capable of use in cross-border commercial disputes? Reference is made to the Mustill view of twenty-five years ago and to the changing attitude of the English courts: in the 1920s hostile to the lex mercatoria, but giving way by the 1970s to an acceptance of the use of the lex. That process was effectively recognised in the English Arbitration Act of 1996, which permits arbitrators - if the parties so agree - to decide a dispute 'in accordance with such other considerations as are agreed by them or determined by the tribunal.' The decisions of English courts after 1996 make it clear that, in England, lex mercatoria can be a choice of law, but cannot be used for conflict of law purposes. Other anational systems are considered: the UNIDROIT Principles and the UN Convention on Contracts for the International Sale of Goods (CISG). Mention is also made of the Transnational Law Database. Finally, following Lord Mustill's look at the first twenty-five years of the new lex mercatoria in the late 1980s, the article refers to the views of Professor William W. Park and others some twenty-five years later. Pragmatically, is the lex mercatoria of any relevance to international commercial disputes? [ABSTRACT FROM AUTHOR]

The article offers information on the Royal Charter for the press. Among the topics discussed include the framework proposed by Lord Justice Leveson for press regulation in Great Britain in November 2012, cross-party draft Royal Charter, second version was an industry draft Royal Charter published by the Press Standards Board of Finance (PressBoF). It highlights the aspects of rival Charters' framework such as complaints, sanctions and arbitration.

The article discusses the cultural differences that will possibly create traps in international construction arbitration. It notes that the three primary legal systems worldwide shared a common denominator which is the sanctity of contract. It mentions the significant differences between the U.S. and Great Britain as to how evidence are presented. The difficulties in dispute resolution in the Middle East due to religion that needs an overriding consideration is also highlighted.

The article examines the approach of the English courts to the application of Article 6 of the European Convention on Human Rights, or the Convention, as regards commercial arbitration proceedings taking place in England and Wales, which thereby, pursuant to the Arbitration Act 1996, or the 1996 Act, fall under the courts' supervision. On a number of decisions, the courts rejected arguments based on the apparent inconsistency between Article 6 rights and procedure adopted in arbitration proceedings.

The article presents information on the Arbitration Act of 1996 of Great Britain. The results of a report on the act describes the work undertaken and sets out the conclusions of the committees. A comprehensive survey was conducted which included a questionnaire that inquired in the terms of profession and interests of the respondents in arbitration. Topics discussed include sole arbitrators, determining arbitrators' jurisdiction, courts' powers in support of arbitration and legislative irregularity.

The authors consider the adoption of adjudication as a mean of dispute resolution in the U.S. Adjudication is a form of dispute resolution utilized in Great Britain following passage of the Housing, Grants, Construction and Regeneration Act of 1996, which requires parties in construction disputes to settle through adjudication. Decisions by adjudicators are binding but can be overturned legally or through arbitration and can be enforced by applying for a summary judgment in court. The authors suggest delays in arbitration for construction disputes in the U.S. put financial strain on contractors. They comment on the successful use of dispute review boards (DRBs) to resolve disputes relating to the Big Dig construction project in Boston, Massachusetts.

The article comments on the decision of the British Parliament House of Lords in the Lesotho Highlands versus Impreglio case and its relation to the nature of arbitral authority. It highlights two fundamental principles to distinguish simple mistake from excess of authority. It emphasizes ways in which arbitrators might exceed their authority. It provides an example in which jurisdictional and admissibility questions overlap.

Family mediation practice in the United Kingdom has been self-regulated voluntarily from its early beginnings but more recently subject to government regulation with the advent of public funding for family mediation. The article traces the development of this regulatory framework, exploring some of the central tensions that have shaped the emergence of family mediation as a distinct and autonomous professional intervention. [ABSTRACT FROM AUTHOR]

Assesses the approach of the English courts towards alternative dispute resolution (ADR). Dispute heard by the Court of Appeal about double glazing; Factors which may be relevant to the question of unreasonable refusal; Encouragement of the court to undergo ADR.

Compares the text of Boniface VIII's arbitration of the conflicting claims to Gascony of Edward I of England and Philip IV of France preserved in the archive of Toledo cathedral with that preserved in the chronicle of Walter of Guisborough. Information on the identifiable textual variants between the text from Toledo and that from Walter of Guisborough; Description of the preliminary nature of the two text sources; Acquisition of the text from Carlisle in 1307.

This article analyzes arbitration decisions awarded under Schedule 11 of the British Employment Protection Act of 1975, which seeks to extend the coverage of negotiated terms and conditions of employment. The Act has been one of the most controversial measures of the present Labour government's sizeable program of industrial relations legislation. Under the terms of Schedule 11, a claim may be reported to the Advisory Conciliation and Arbitration Service. There are two potential categories of claims under Schedule 11, recognized terms and conditions claims and general-level terms and conditions claims. The former apply where terms and conditions for a particular sector of employment are set by collective bargaining and cover substantial proportions of both employers and workers in the relevant sector of industry. The phrase recognized terms and conditions has a specific statutory meaning, namely an agreement must be negotiated by an employers' association. This is common in cases in which an industrywide agreement exists. If there is no employers' association involved in the negotiation of the collective agreement, there are no recognized terms and conditions of employment, regardless of whether the company in the claim recognize a union for collective bargaining purposes.

Explores the origins of the Arbitration Act of 1698 and the practice of court-related arbitration in eighteenth-century England. Arbitration in the mid-1690; Proliferation of out-of-court arbitration pre-1770; Upsurge in out-of-court arbitration entered as rules of court post-1770; Types of controversies under arbitration post-1770; Types of arbitrators post-1770; Legalization of arbitration process.

Focuses on the arbitration in gentry disputes of the later middle ages in Great Britain. Use of arbitration in disputes because it provided quick and reasonably just solution; Initiation of litigation to harass opponents rather than obtaining a just verdict; Failure of arbitration to assist the poor; Variation in the number of arbitrators.

The article illustrates several techniques of maladministration by examining case studies of British Departmental action in the face of persistent and resourceful complainants. Cases discussed include the war service death case was about the death of a retired army officer in 1967, the educational arbitration case was about a dispute between a local Education authority and the managers of independent schools and the case of the aggrieved poet was about a poet's complaint of damaging statements.

The article discusses industrial relations arbitration from a sociological perspective and a focus on third party intervention. Six reasons are given for third party intervention. Each reason affects its form--for example the existence of a deadlock due to equal bargaining power between the parties can take the form of conciliation. Four approaches to arbitration award include splitting the difference, one side or the other, and what the market would have produced. Arbitration procedures organized by the Advisory, Conciliation and Arbitration Service and the role of third party intervention during collective bargaining in Great Britain are mentioned.

this article studies the way in which the conciliation boards of the British coal industry reached decisions for setting the absolute rate of wages for the majority of pits in the British coalfields during the period 1893-1914. the theoretical structure described predicts that the South Wales and Northumberland conciliation boards should have had appeals to the arbitrator every quarter. The evidence suggests that although the rate of appeals in these two boards was higher than in the others, it was still substantially less than one. What is wrong with the theory? One assumption that we have made that is not reflected in the conciliation boards' rules is that the strategies lie in a continuous range. As we have seen, the units that were actually used imply that the feasible strategies lay in a discrete set. Incorporating this modification into our diagrams clearly will introduce further discontinuities into the pay-off and best reply functions and will imply some randomization even when the arbitrator can be called in without cost or benefit. If this argument is correct, we would expect the spread of offers at the time when the negotiation is referred to the arbitrator to be low in jurisdictions where randomization is induced only by discreteness of the strategy set.

This article discusses the legal enforceability of collective agreements and the reform of collective bargaining in Great Britain. Legal enforceability as a restraint on industrial conflict is discussed. The impact of the Donovan Report and the publications 'Fair Deal at Work' and 'In Place of Strife' is discussed and evaluated. Developments in labour law and their contexts are described. The author suggests that the labor issues discussed here will not be answered merely by the introduction of new labour laws.