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The article discusses the importance of managing franchisor risk through the enforcement of contractual terms and provisions in franchise agreements. It highlights the significance of including mandatory mediation and arbitration clauses, as well as class and collective action waivers, choice of law clauses, limitation on liability provisions, and contractual indemnification clauses to mitigate litigation risks. The article provides insights into recent case law examples that illustrate the enforcement and impact of these contractual provisions in franchise disputes. [Extracted from the article]

To expand the scale of spiking neural networks (SNNs), an interface circuit that supports multiple SNN cores is essential. This circuit should be designed using an asynchronous approach to leverage characteristics of SNNs similar to those of the human brain. However, the absence of a global clock presents timing issues during implementation. Hence, we propose an intermediate latching template to establish asynchronous nonlinear connectivity with multipipeline processing between multiple SNN cores. We design arbitration and distribution blocks in the interface circuit based on the proposed template and fabricate an interface circuit that supports four SNN cores using a full‐custom approach in a 28‐nm CMOS (complementary metal–oxide–semiconductor) FDSOI (fully depleted silicon on insulator) process. The proposed template can enhance throughput in the interface circuit by up to 53% compared with the conventional asynchronous template. The interface circuit transmits spikes while consuming 1.7 and 3.7 pJ of power, supporting 606 and 59 Mevent/s in intrachip and interchip communications, respectively. [ABSTRACT FROM AUTHOR]

This article reviews the development of emergency arbitrator proceedings (EA) internationally in institutional arbitration rules and in national laws since the ICDR Rules first offered EA in arbitration in 2006, including the forms of urgent interim relief available in EA pending the constitution of an arbitratlon tribunal. Among other topics, it reviews why parties choose EA, the interaction of EA with national court systems, provides a comparison between EA and national courts' proceedings including as to cost, the types of interim measures available, coercive powers to require compliance, their respective scope as to third parties, whether ex parte applications are permissible, the enforceability of interim relief orders, the nature of the order or award and whether a binding decision is made in EA, and the approach of jurisdictions to enforcement of orders made in EA. The article provides statistics as the uptake and use of EA proceedings from 2020 to 2023 in ICC, SIAC, HKIAC, SCC and LCIA arbitrations and reviews the different approaches to the substantive standards for granting relief in EA proceedings. It discusses EA relief and performance bonds. Finally, it reviews the considerations relevant to the future development of EA. [ABSTRACT FROM AUTHOR]

The European Commission, with the cooperation of the Court of Justice of the European Union (CJEU), continues a crusade against investors' rights. This is done by reducing the rights of access by investors to an independent arbitral tribunal to resolve disputes and by making arbitral awards impossible to enforce. The CJEU judgments which are discussed in this article are arbitrary, lack logical argument, and ignore international law (in particular, the 1969 Vienna Convention on the Law of Treaties). Recent judgments by states that are not EU Member States have restored the validity of arbitral awards that were annulled by EU courts. The judgments show that they do not believe in the CJEU judgments, which have led to the cancellation of inter-EU Bilateral Investment Treaties and the annulment of Energy Charter Treaty awards. [ABSTRACT FROM AUTHOR]

The arbitration agreement is the first stage of arbitration and the basis of the commitment of the parties to an arbitration. Arbitration is consensual by nature and cannot proceed without such an agreement. If there is no agreement to arbitrate, the disputing parties have no choice but to resort to the state courts to resolve their dispute. In this regard, the importance of the arbitration agreement becomes evident, as it requires several formal and substantive conditions for it to be valid. The consequences of the validity or otherwise of the arbitration agreement may include lack of jurisdiction, the non-extension of the arbitration agreement to third parties, and the ultimate invalidity of the arbitral award. Accordingly, this research will be dedicated to studying the arbitration agreement and its implications as provided by Qatar's Arbitration Law No. 2 of 2017. The study will also analyze court judgments related to this agreement and its implications, both within Qatar and in other Middle-Eastern states that have adopted the UNCITRAL Model Law on International Commercial Arbitration. [ABSTRACT FROM AUTHOR]

Following the judgment of the Court of Justice and especially the Opinion of the Advocate General in the CDC Hydrogen Peroxide case, arbitration agreements on disputes concerning damages for infringements of the competition rules of the TFEU have been interpreted as being contrary to the principle of effectiveness of EU law by making the non-application of the competition rules more likely. Moreover, standard arbitration agreements, which are concluded ex ante (before the dispute arises) and delimit their objective scope in generic terms (referring, in one formulation or another, to any dispute arising out of or related to a specific contract), only cover disputes over contractual damages, but not those relating to damages in tort caused by a party's participation in a cartel. Therefore, national judges should not decline jurisdiction over the standard arbitration agreements proposed by the main international arbitral institutions, making it impossible for arbitration to become a viable means of resolving disputes arising from cartel damages. However, although the principle of effectiveness limits the procedural autonomy of the Member States as regards the remedies for exercising the right to claim compensation for such damages, it does not prevent the holder from voluntarily waiving the right to exercise it before a court and submitting the dispute to arbitration. Moreover, in the absence of harmonisation by EU law of the rules on commercial arbitration, any question relating to the existence, validity or scope of the arbitration agreement is governed by the law of each Member State. Therefore, a standard arbitration clause may also cover disputes relating to non-contractual liability incurred by a contracting party as a result of its participation in an unlawful cartel if this was the will of the parties when concluding the contract, as interpreted by national courts or arbitrators in accordance with the law applicable to the dispute. [ABSTRACT FROM AUTHOR]

The demand for legal regulation of the right to strike has existed for a long time and has gained importance as a result of the railway strikes last winter. Against this background, the article analyzes the causes of the apparent increase in the willingness to strike in the critical infrastructure sector and how this can be countered. Legal options for the regulation of labor disputes are discussed, with a particular focus on a provision requiring the parties involved to agree to arbitration if either side so requests. [ABSTRACT FROM AUTHOR]

This paper situates the data privacy debate in the context of what I call the death of the data subject. My central claim is that concept of a rights-bearing data subject is being pulled in two contradictory directions at once, and that simultaneous attention to these is necessary to understand and resist the extractive practices of the data industry. Specifically, it is necessary to treat the problems facing the data subject structurally, rather than by narrowly attempting to vindicate its rights. On the one hand, the data industry argues that subjects of biometric identification lack legal standing to pursue claims in court, and Facebook recently denied that that its facial recognition software recognizes faces. On the other hand, industry takes consent to terms of service and arbitration clauses to create enforceable legal subject positions, while using promises of personalization to create a phenomenological subject that is unaware of the extent to which it is being manipulated. Data subjects thus have no legal existence when it is a matter of corporate liability, but legal accountability when it is a matter of their own liability. Successful reform should address the power asymmetries between individuals and data companies that enable this structural disempowerment. [ABSTRACT FROM AUTHOR]

This research tackles the subject of arbitration in a civil lawsuit, as a defense that can be raised by any of the litigants, and the effect of this plea, whether by not accepting it, dismissing it, or stopping its consideration. It also looks at the condition of arbitration at all stages of the lawsuit. Research Problem: It can be summed up in that, Palestinian Arbitration Law did not specify the nature of the plea to arbitration in the civil cases. Purpose: The research aims to determine the legal nature of this plea, and its impact on the civil case. It concludes that the condition of arbitration prevents the Court from hearing the civil lawsuit. However, the laws under study differed in regulating this defense, and therefore in determining its legal value. Whether this defense was procedural, or substantive, or something else. There are some legislations that expressly decide that arbitration is considered a plea of non-acceptance. Other legislations consider it to be one of the defenses that are not related to public order, and, therefore, that must be made before any procedural plea, request or defense in the case under penalty of forfeiture. Yet, some legislations considered such a defense as a reason that would halt the proceeding before the Court without any further clarification on its precise legal value. Methodology: The research used descriptive, analytical and comparative methodologies. Results: One paramount result of this research is that the Palestinian Arbitration Law was limited to stipulating that pleading arbitration leads to stopping the lawsuit, without clarifying the procedures that follow this stopping. On the other hand, this law considered that filing a lawsuit does not prevent the initiation of arbitration proceedings, or the continuation of therein, or issuing an arbitration decision. Recommendations: The research has many recommendations, the most important of which was the recommendation to the Palestinian legislator to consider the plea to arbitration as a reason not to accept the case, and not as a reason to stop the case. [ABSTRACT FROM AUTHOR]

The nature of most-favoured-nation clauses (MFN clauses) is a constant source of debate and controversy. While the traditional position has been that they allow an investor to import provisions from another International Investment Agreement (IIA)—a practice that has been defined by some as 'importation' 1 —there is a new trend that considers this a misuse of MFN clauses. This article endorses the latter position and will explain that the practice of importation derives from a misinterpretation of MFN clauses contained in IIAs. This error involves requesting a remedy for the specific performance of the MFN clause without first having claimed its breach. The claimant asks an arbitral tribunal simply to enforce the MFN clause by granting him the same provisions conferred to another investor. However, in this exercise, the investor forgets that, in order for an arbitral tribunal to order such a remedy, it must first be proven that such an obligation exists and was breached by the host state. [ABSTRACT FROM AUTHOR]

This study aims to compare and analyze the industrial relations dispute settlement processes in Indonesia and Singapore, two countries with differing legal systems: Indonesia follows the civil law system, while Singapore uses the common law system. Both countries share similarities in their dispute resolution methods but also exhibit notable differences. In Indonesia, the process starts with bipartite negotiations, followed by tripartite mediation, conciliation, arbitration, and ends in industrial relations courts. In contrast, Singapore begins with collective bargaining, moves to tripartite conciliation or mediation, and concludes with arbitration at the Industrial Arbitration Court. Peter de Cruz's work on labor law highlights the importance of understanding how different historical and cultural contexts shape legal systems. Despite both countries initiating the process with negotiations, Singapore's dispute resolution is generally faster, influenced by its dynamic societal changes and significant Chinese descendant population. The complexity and duration of dispute resolution in Indonesia suggest a need for reform to enhance efficiency and speed. This study employs a normative legal method with a comparative approach to evaluate these differences and similarities in the context of evolving societal and political influences. [ABSTRACT FROM AUTHOR]

The institutional rules of International Sports Federations ("IFs") and the International Olympic Committee ("IOC") concerning nationality and its transfer therein are regulated by the Nottebohm safeguard, which requires the conferral of nationality under domestic laws to be consistent with international law for the conferral to be valid in the international legal sphere. The international sporting arenas qualify as international legal space, but the compatibility of naturalization laws with this legal space is regulated and enforced not by states, but by non-state entities, namely IFs and the IOC. These institutional rules possess a normative character because the pertinent stakeholders consent to them by contract, which in turn provides for the jurisdiction of internal quasi-judicial determination and ultimately gives rise to arbitral awards (as a form of ultimate appeal) to the Court of Arbitration for Sport ("CAS"). The key provision is Rule 41 of the Olympic Charter and its interpretative Bye-Laws, which provide that an athlete may switch sporting nationality provided that three years have elapsed from their last participation for the country they previously represented. This general rule may be supplemented by the institutional rules of IFs, the majority of which operate nationality review panels for this purpose. This Article selectively examines the rules and institutions of two IFs other than the IOC, namely the Fédération Internationale de Basketball (International Basketball Federation) ("FIBA") and the World Athletics Federation ("WAF"). Each struggle with different objectives and nationality transfers, chiefly naturalizations, gives rise to a number of problems and concerns that are resolved through the observance and enforcement of varying internal nationality rules. This Article suggests that a set of five questions sets the standard for a human rights impact assessment of all naturalizations in the sport domain. [ABSTRACT FROM AUTHOR]

As an alternative to traditional court litigation, arbitration has gained prominence in Jordan's legal landscape for its distinct attributes like speediness, confidentiality, autonomy, and efficiency. Central to the sanctity of this mechanism is the arbitrator's duty of disclosure, ensuring that the arbitration process remains impartial, transparent, and devoid of any potential bias. This paper explores the profound significance of the duty of disclosure in Jordan by analyzing the latest Jordanian Court of Cassation Decision No. 1479 of 2023, where nondisclosure by the Arbitral Tribunal led to the annulment of the arbitral award. Through juxtaposing international arbitration norms and thoroughly examining Jordanian legislation, this study underscores the consequences of nondisclosure and the paramount importance of transparency in arbitration. The insights drawn from this case reaffirm that the foundation of arbitration's credibility and trustworthiness rests on the rigorous adherence of arbitrators to disclosure, ensuring that justice is not only served but is transparently perceived. [ABSTRACT FROM AUTHOR]

Copyright of Kufa Studies Center Journal is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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.)

Copyright of Journal of Anbar University for Law & Political Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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.)

Copyright of External Economic Bulletin / Külgazdaság is the property of KOPINT Konjunktura Kutatasi Alapitvany 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.)

When, at the enforcement stage, a European Union (' EU ') Member State's national court refuses to recognize and/or enforce a final intra-EU arbitration award rendered as per the ICSID Convention on the basis of the Court of Justice of the EU (' CJEU ')'s decision in Slowakische Republik v Achmea BV , the right to the peaceful enjoyment of possessions, guaranteed by article 1 of Protocol No. 1 (' A1P1 ') of the European Convention on Human Rights (the ' ECHR '), may be infringed. This article explores that issue. First, and by way of context, it explains the development of the so-called 'intra-EU objection' in the context of investor–State arbitration, culminating in the CJEU's seminal ruling in Achmea and its progenies. Second, it provides an overview of various efforts to enforce intra-EU awards post- Achmea , focusing on ICSID Convention awards that have cleared any post-award remedies under the Convention, and how national courts have approached this. Third, it details how A1P1 of the ECHR might apply to the non-enforcement of intra-EU ICSID awards—engaging in a detailed analysis of the tests that would be applied by the European Court of Human Rights in such an instance. Finally, it discusses the potential remedy before the Court and the consequences for a finding of violation. While this article is focused on final and enforceable ICSID Convention awards, the analysis may be relevant to other intra-EU enforcement scenarios, subject to the specific factual circumstances in those scenarios. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania 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.)

Copyright of Nachhaltigkeitsrecht is the property of Verlag Oesterreich GmbH 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.)

In this multipart article, attorneys from Reed Smith explain how parties to an arbitration can avoid a "Pyrrhic victory"--in other words, an arbitral award won, but not paid--in various jurisdictions around the globe. The first part, published in the July-August 2024 issue of Dispute Resolution Journal, covered the United States and France. This part covers the rules in Hong Kong and the United Arab Emirates. The United Kingdom, Singapore, and Latin America will be covered next. [ABSTRACT FROM AUTHOR]

In this first of a series, the authors discuss the options that foreign investors with assets and operations in Russia have available to them and how different options may impact their investment protection and chances of bringing credible arbitration claims. [ABSTRACT FROM AUTHOR]

In this series, the author reviews recent arbitration rulings from the U.S. Court of Appeals for the Fifth Circuit. [ABSTRACT FROM AUTHOR]

In this article, the authors explain that recent interpretations have redefined the scope of the Federal Arbitration Act's "contracts of employment" exemption. [ABSTRACT FROM AUTHOR]

In this article, the authors explain that following the Supreme Court's decision in Smith v. Spizzirri, once a district court finds that arbitration is compelled and a stay is entered, an appeal cannot be initiated until after the conclusion of the arbitration. [ABSTRACT FROM AUTHOR]

In this article, the authors examine claims under mandatory law and describe how they are treated in jurisdictions other than where they arise. They then analyze the effect of choice-of-law provisions on mandatory law. Finally, the authors explore how mandatory law may be treated by arbitrators. [ABSTRACT FROM AUTHOR]

One of the most important functions of law is the resolution of disputes. However, legal means of dispute resolution, such as judicial settlement and arbitration, are often not chosen by the parties involved in international disputes. This can be explained by several reasons. In legal doctrine, it is a common view that parties avoid legal means due to the binding nature of the decisions rendered, yet this is far from the only reason why parties refuse these methods. In particular, one of the main reasons they avoid legal means is the uncertainty regarding whether the decision based on law will be equitable. There are many grounds for this, as legal norms contained in international legal documents, adopted several decades ago, may not correspond to modern realities. Therefore, the application of such norms can quite reasonably raise concerns among the parties about the potential for an inequitable decision based on them. In such cases, the method of ex aequo et bono may prove to be a practical tool for excluding the possibility of an inequitable decision based on legal norms. Contrary to popular misconception, the use of the ex aequo et bono method does not imply a complete rejection of legal norms. When applying this method, basic legal norms are often used to provide a legal foundation for decisions and to enhance their overall objectivity. However, in the application of the method ex aequo et bono, those legal norms that may lead to an inequitable decision are not applied. In this case, an equitable decision is often determined based on an analysis of the goals and principles of legal documents regulating the relevant issues, including an analysis of the document containing the legal norm whose application could have led to an inequitable decision. Thus, the ex aequo et bono method is a rather flexible peaceful means, combining valuable features of both equity and law. There is a deficit of information regarding the ex aequo et bono method in international legal documents. In particular, the lack of a clear definition, conditions, and rules for applying the ex aequo et bono method presents a significant obstacle to its extensive use in international practice. Therefore, appropriate lawmaking work should be undertaken in this area to fill legal gaps. The goal of the scientific article is to study the legal aspects of the ex aequo et bono method and identify the main problems negatively affecting the practice of its application. The results of the research showed the high practical value of the ex aequo et bono method in dispute resolution, especially in modern conditions when the use of flexible means is becoming increasingly relevant. The article aimed to condense, specify and expand legal knowledge about the ex aequo et bono method and may present significant scientific value for lawyers interested in judicial and arbitration practices; legal scholars; practicing judges and arbitrators; parties with unresolved disputes; as well as philosophers researching the relationship between equity and law. [ABSTRACT FROM AUTHOR]

It is indicated that International Commercial Arbitration is one of the most effective ways of resolving disputes between participants in international trade, ensuring speed, flexibility and neutrality of the process. However, the activity of arbitration in Ukraine faces a number of new challenges due to the introduction of martial law as a result of large-scale aggression. The hostilities led to significant disruptions to normal economic activity, including making it difficult to enforce contracts, access to justice, and enforce arbitral awards. This raises questions about the ability of arbitration to function effectively in such extraordinary circumstances. The topic is extremely relevant in today's environment, where Ukraine faces large-scale military aggression that significantly affects all spheres of economic life, including international trade and legal relations between business entities. The article examines the legal and practical aspects of international commercial arbitration during martial law, particularly the impact of military operations on arbitration procedures, the possibility of enforcing arbitral awards, and the problems of their enforcement in a limited legal and economic environment. The main focus is on how arbitration institutions in Ukraine, in particular the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, are adapting to the new realities. The author also considers the issue of enforceability of arbitral awards in the light of military operations, sanctions, economic restrictions, and challenges for the Ukrainian legal system. The challenges related to the organization of the arbitration process, such as logistical difficulties, limited access to resources and documents, as well as the application of sanctions against the parties to the dispute, are explored. Special emphasis is placed on the possibilities of conducting arbitration hearings in a remote format and the use of modern technologies to ensure the continuity of the process under martial law. The article also examines the prospects for adapting arbitration to the new realities, including the possibility of filing claims for compensation for damages caused by military operations. The study analyses the prospects for the development of international arbitration in Ukraine, including the use of digital technologies, online hearings, and adaptation of the arbitration process to the challenges of wartime. Particular attention is paid to the opportunities for Ukrainian entrepreneurs to protect their rights through arbitration in international disputes, including the issue of compensation for damages caused by military actions. [ABSTRACT FROM AUTHOR]

Copyright of Majalat Monazaat Al-Aamal is the property of Majalat Monazaat Al-Aamal 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.)

Despite a promising start, The Organization of Islamic Cooperation's investment agreement had been forgotten for decades, until unexpectedly resurrected in 2011 by a Saudi Arabian investor in a case against Indonesia. One of the latest awards, however, halted further developments in that field. It is argued in this paper that such was the case since the language of the arbitration clause, along with the case-law stemming from different adjudicating bodies, has significantly impaired the treaty's capacity to function as a robust tool for investor protection. Although ICSID-based proceedings seem now unlikely, the possibility of ad hoc solutions and potential reforms in the OIC investment regime, including the arbitration clause, may shape its future. The potential establishment of the OIC Arbitration Centre also adds a hopeful dimension, even though its development scope is uncertain. Nonetheless, with the status quo the relevance of OIC's ISDS teeters on the edge of collapse. [ABSTRACT FROM AUTHOR]

Copyright of Wirtschaft und Wettbewerb is the property of Fachmedien Otto Schmidt KG 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.)

This study describes our thorough experience of formal modeling and exhaustive verification of concurrent systems, particularly mutual exclusion algorithms. The experience focuses on Lycklama and Hadzilacos's (LH) mutual exclusion algorithm. LH rests on the reduced size of the shared state, contains a mechanism that tries to enforce an FCFS order to processes entering their critical section, and embodies Burns and Lamport's (BL) mutual exclusion algorithm. The modeling methodology is based on timed automata and the model checker of the popular Uppaal toolbox. The effectiveness of the modeling and analysis approach is first demonstrated by studying the BL's solution and retrieving all its properties, including, in general, its unbounded overtaking, which is the non-limited number of by-passes a process can suffer before accessing its critical section. Then, the LH algorithm is investigated in depth by showing it fulfills all the mutual exclusion properties when it operates with atomic memory. However, as this study demonstrates, LH is not free of deadlocks when used with non-atomic memory. Finally, a state-of-the-art mutual exclusion solution is proposed, which relies on a stripped-down LH version for processes, which is used as the arbitration unit in a tournament tree (TT) organization. This study documents that LH's TT-based algorithm satisfies all the mutual exclusion properties, with a linear overtaking, both using atomic and non-atomic memory. [ABSTRACT FROM AUTHOR]

Switches play a critical role as core components in data center networks. The advent of multi-die chiplet packaging as a prevailing trend in complex chip development presents challenges in designing the multi-die packaging of switch chips. With limited inter-die connections in mind, we propose a scalable, unified switch architecture optimized for efficient connectivity. This architecture includes the strategic mapping of data queues, meticulous planning of data paths, and the integration of a unified interface, all aiming to facilitate efficient switch operations within constrained connectivity environments. Our optimization efforts encompass various areas, including refining arbitration strategies, managing mixed unicast and multicast transmissions, and mitigating network congestion to alleviate bottlenecks in data flow. These enhancements contribute to heightened levels of performance and robustness in the switching process. During the validation phase, the structure we propose reduced interconnection usage between dies by 25%, while supporting functions such as unicast and multicast transmissions. [ABSTRACT FROM AUTHOR]

The article focuses on examining the adaptation of batch and bellwether proceedings within mass arbitration, proposing an "elastic bellwether" model to address challenges in mass arbitration practices by encouraging resolution and minimizing strategic delays from both plaintiffs and defendants.

This article contends that North Korea should accede to the New York Convention and the ICSID Convention to provide more robust legal protections and dispute settlement mechanisms for foreign investors. While North Korea has enacted various domestic laws and established special economic zones to attract foreign investment, these measures have proved insufficient to fully assuage investor concerns, particularly regarding the enforcement of arbitral awards and protections against expropriation. Joining the New York Convention would mitigate uncertainties surrounding the enforcement of foreign arbitral awards by obligating North Korean courts to recognize and enforce such awards, subject only to limited, internationally accepted grounds for refusal. Accession to the ICSID Convention would enable aggrieved foreign investors to bring claims against North Korea before a neutral, depoliticized arbitral tribunal, providing an additional layer of protection against discriminatory or expropriatory state conduct. Membership in these conventions would significantly enhance North Korea's credibility in the eyes of foreign investors, demonstrating a commitment to upholding the rule of law and aligning its investment framework with global norms. While accession alone is not a panacea, it represents a crucial step toward building investor confidence, facilitating greater FDI inflows, and fostering North Korea's economic development and international engagement. [ABSTRACT FROM AUTHOR]

This document provides a summary of a legal dispute between ACF Renewable Energy Limited and the Republic of Bulgaria, submitted to the International Centre for Settlement of Investment Disputes (ICSID). The dispute revolves around the jurisdiction of the tribunal in light of the Achmea Judgment by the Court of Justice of the European Union. The document outlines the arguments presented by both parties and the tribunal's analysis of the relevant legal texts. The tribunal ultimately concludes that it has jurisdiction based on the Energy Charter Treaty and the ICSID Convention, and defers the decision on costs. [Extracted from the article]

Humans cooperate in groups in which mutual monitoring is common, and this provides the possibility of third-party arbitration. Third-party arbitration stabilizes reciprocity in at least two ways: first, when it is accurate, it reduces the frequency of misunderstandings resulting from perception errors, and second, even when it is inaccurate, it provides a public signal that allows pairs to align their expectations about how to behave after errors occur. Here, we describe experiments that test for these two effects. We find that in an iterated, sequential Prisoner's Dilemma game with errors, players with the highest average payoffs are those who make use of third-party arbitration and who also employ forgiving strategies. The combination of these two behaviours reduces the detrimental effects of errors on reciprocity, resulting in more cooperation. [ABSTRACT FROM AUTHOR]

Arbitration, as a form of Alternative Dispute Resolution (ADR), has witnessed a surge in popularity within India in recent years, particularly as trade barriers have been removed and the country's commerce has opened up. International Commercial Arbitration, in particular, has gained significant importance. In comparison to traditional litigation, arbitration is widely regarded as the preferred method for resolving disputes due to its numerous advantages and benefits for the parties involved. While there are certain drawbacks, the accessibility of arbitration and its ability to deliver timely justice are contributing to its growing appeal in the foreseeable future. In the realm of the financial industry, arbitration has become notably widespread. The establishment of guidelines and standards has been instrumental in promoting the use of arbitration within this sector. This study delves into the landscape of international commercial arbitration in India and modestly attempts to identify the challenges faced by the parties involved. [ABSTRACT FROM AUTHOR]

After the arbitration procedures are completed, the arbitration award shall be issued in writing, since writing is a necessary condition in it, because it is a judicial act practiced by the arbitrators in the matter of every judicial authority, it is considered a real arbiter in the dispute. in which all elements of judicial work are available, The formulation of this judgment is subject to formal rules that are close to those imposed on judgments issued by judicial authorities, The judgment must include the litigants' names and capacities, the names and capacities of the arbitrators, the claims of the parties, the place and date of the award, The arbitration judgment, like the judgment of the judiciary, is issued enjoying authenticity, it is distinguished from the judgments of the judiciary by its issuance having the force of the res judicata, which makes it an enforceable judgment because it is not permissible to appeal. As for judicial rulings, they do not acquire the force of the res judicata until after the refusal of the appeal against them or the expiry of the deadlines for the appeal by the means of appeal, and after it is notified to the parties, then the procedures for its implementation are taken. [ABSTRACT FROM AUTHOR]

The dynamism of law as a discipline necessitates constant change and development to keep up with the requisites that a developing and ever-changing society brings forth. As such, any institution within the legal domain that completes its centennial anniversary deserves to be studied and analyzed since institutional longevity is not common within the discipline. The "Permanent Court of Arbitration" (PCA) is one of those rare legal institutions that has withstood the ravages of time, having recently completed a hundred and twenty years of its existence. Initially conceptualized as an institution of pacific dispute settlement, comprising arbitration, conciliation, mediation, and inquiry as methods of dispute settlement amongst nations, in a 19th-century global regime, the fact that the two world wars since its establishment, as well as the multitude of changes in the global socio-political regime, hasn't made it completely redundant is a testament to the farsightedness of its founding fathers. In light of these facts, this paper has tried to look into the historical background that contributed to the establishment of the PCA in the first place, and then attempt to examine its procedural intricacies, which have perhaps been the most vital in preventing its continued operation even after a century of its initial conceptualization. Subsequently, the paper has looked at how India has fared in its endeavors into the PCA's regime and ultimately tries to determine the significance of the PCA as an institution of pacific dispute settlement today, and also, in the coming decades. [ABSTRACT FROM AUTHOR]

In India, the enforcement of foreign awards are guided by both the Arbitration and Conciliation Act of 1996 and the Code of Civil Procedure of 1908. An arbitral award is a decision (judgement) made by a group of arbitrators, whether they are resolving a dispute within a country or internationally. These decisions includes any temporary decisions made during the process etc. With regards to implementing foreign arbitral awards in India, it falls under Part II of the Arbitration and Conciliation Act of 1996. This enforcement can be done either under the rules of the New York Convention or under the Geneva Convention. The Arbitration and Conciliation Act of 1996 was created in the direction of the Model Law on International Commercial Arbitration by the United Nations Commission on International Trade Law (UNCITRAL). Foreign arbitral awards India is signatory of both the New York Convention and the Geneva Convention concerning the recognition and execution of foreign arbitral awards. At the point when the party receives a award from a country that is a signatory of either of above said Conventions, and the award rises from a jurisdiction of that country then it is termed as a convention country by India, it becomes enforceable within India. [ABSTRACT FROM AUTHOR]

This paper analyzes the prior exception of the existence of mediation agreement provided for all types of judicial proceedings regulated by the Código Orgánico General de Procesos -COGEP-, its procedural implication and the inconveniences it has generated in Ecuador at the time of its resolution due to its legal unspecified configuration unduly assimilated to the commitment or arbitration agreement and the interpretation made of this by the Corte Nacional de Justicia -CNJ- through Resolution No. 12-2017, which improperly treats the existence of mediation agreement as a prior non-curable exception of substantial implication. Inadequate treatment that ends up articulating -apparently- on the one hand, an unreasonable obstacle of access to justice, since, it would force the judge to inhibit himself from a legitimate cause despite the manifest current absence of cooperative willingness to mediate of those involved in the dispute; and, on the other hand, creating an irregular space of uncertainty regarding the effects that procedurally could produce such inhibition since, having to be resolved through a judgment -according to the provisions of the binding judicial criterion-, it should cause prima facie, res judicata. If this were so, it would in fact generate an unreasonable obstacle to access to justice that would be irreparable. [ABSTRACT FROM AUTHOR]

The review addresses conflict resolution mechanisms in International Law in Ecuador. The objective of synthesizing the existing literature to evaluate its current state. Using the PRISMA method, the review identifies the most effective strategies and challenges in applying these mechanisms. Among the main mechanisms used are mediation, arbitration and conciliation. The findings reveal that, although these mechanisms are effective in many cases, challenges persist such as lack of adequate training and cultural resistance to their implementation. The review concludes that, Ecuador has made progress in the implementation of conflict resolution mechanisms, it still faces significant obstacles that must be addressed to optimize its application. [ABSTRACT FROM AUTHOR]