• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  5. 5
    5
  6. 6
    6
  7. 7
    7
  8. 8
    8
  9. 9
    9
  10. 10
    10
  11. 11
    11
  12. 12
    12
  13. 13
    13
  14. 14
    14
  15. 15
    15
  16. 16
    16
  17. 17
    17
  18. 18
    18
  19. 19
    19
  20. 20
    20
  21. 21
    21
  22. 22
    22
  23. 23
    23
  24. 24
    24
  25. 25
    25
  26. 26
    26
  27. 27
    27
  28. 28
    28
  29. 29
    29
  30. 30
    30
  31. 31
    31
  32. 32
    32

Analysis & Comments on Arbital Awards.

Extracts from this document...

Introduction

Analysis & Comments on Arbital Awards Introduction: In the following presentation I will present a selection of arbitral awards issued by the French Arbitral Tribunal and comment on the clauses of these awards by showing similar legal clauses in the Kuwaiti Arbitral Tribunal, in both normal arbitration and judicial arbitration. In addition, I will demonstrate the differences between the two laws and how the respective legislators dealt with the issues regarding the arbitral proceedings. This will clarify for the reader the positive and negative aspects in dealing with the arbitration process in all areas. Thereafter, I will make suggestions to cover some of the deficits or failures in the two laws. This type of comparison study reveals the positive and negative aspects of the Kuwaiti arbitration law as a research subject. As mentioned previously, the presentation of the positive and negative aspects of a theory and assuring its occurrence and success in practical application in the legal field, cannot be achieved successfully until other, similar theories are presented which show the disparate and different aspects between them and the effects of one on the other in achieving efficiency in the arbitration system. An individual cannot ascertain whether he has in practice made significant and tangible progress until he is challenged by another party on the competence of his work. Such challenge and confrontation between two parties in the competence field leads to positive and negative aspects being revealed which are then assessed by both parties. Ideas and facts can then be defined and a successful form created based on study and in-depth review. Any comparison studies and researches are worthwhile to achieve the aims desired in legislation in all the fields and will also contribute to developing legislation which will perform its desired function. First: Appealing the Amiable Compositeur The Versailles Appeal Court, on 16/10/1997, decided the following: "According to the provision of Article 1482 of the New Civil Procedure Code, the arbitral award issued by an arbitrator in his capacity as Amiable ...read more.

Middle

Any litigant party, before the judicial arbitration, must be able to easily view the documents submitted by the other litigant party without need for presenting an application to do so. Ninth: Internal Arbitration & Enforcement of Arbitral Award This case is about an internal arbitration. The subject matter is about a process which does not include in itself any activity or circulation for wealth or services or outside payment.23 All its activities firmly enclosed inside the country (internal arbitration). The parties in dispute are the French company CN against the French company Minhal. Summary of facts: The arbitration process in this dispute is related to enforcement conditions; revoking the lease contract, managing, and using a commercial shop (a hotel located in Paris) between two companies belonging to a foreign mother company. As is normal, this process does not include any transference of wealth or services or outside payment (i.e. outside the borders of the country) and the execution of the contract does not evoke the interests of international trading. As the Amiable Compositeur Clause is considered a consensual concession between the parties from the consequences and benefits of the legal rules, the parties consequently lose the legal characteristics provided by these rules. So, the arbitrators are to have power to amend and reduce the results of the contractual clauses that comply with the public interest of the two parties. The arbitrators, in this dispute, should specify the type of arbitration, i.e. whether internal or international. The reason for this is that there is a foreign company participating in the capital of the two French companies, as the two companies belong to a group of foreign companies or to a foreign mother company. Comments: The arbitration award decided to consider the arbitration internal Article 1492 of the French Civil and Commerce Procedure Code24 which provides that the arbitration is considered international if it relates to international trade interests, i.e. ...read more.

Conclusion

Thus it could be said that their authority to resolve disputes is not based on the rules governing resolution of the dispute but on the the volition of the litigant parties who selected them to settle their disputes on specific issues. .Such disputes may include issues that relate to public order, which will not be allowed to be arbitrated by the arbitration system. Therefore, the latter fact ensures that the judicial authority of arbitrators can be conceived through the subject matter of disputes. 20 There are many cases displaying the continued conflict between the public sector and private sector towards the meaning of the public order principle. The contraction of such principle is obivous but usually the public sector offers exaggerated claims in its proceedings so as to get rid of any obligation that may burden its activities. See in details at Chapter .... regarding the scope of arbitration in administration contracts. 21 Also, it was decided in Kuwaiti courts to set aside an arbitral award because it was decided according to notes submitted by a litigant and without providing a chance to the other litigant to discuss and put forward his opinion. 22 According to procedures rules, Article 113 stipulates "The court is not allowed, during deliberation, to hear one litigant partyy without appearance of the other litigant party. Also, it is not allowed to accept documents or pleas from one of litigant parties without displaying such documents and pleas to the other litigant party." 23 On 28 November 1996, published in Arbitration Magazine No. 3 of the year 1997. 24 Article 1492 of the French Civil and Commerce Procedure Code provides that "An arbitration is international when it involves the interests of international trade". 25 This paragraph involves the principle of reciprocity . Awards and orders that are produced in a foreign country may be enforced in Kuwait under the same conditions as those envisaged and enacted in that country when it enforced awards and orders issued in Kuwait. 26 Arbital Award issued on 16 October 1997, published in Arbitration Magazine of the year 1998 No. 3 P. 572. 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Other Jurisdictions section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Other Jurisdictions essays

  1. State of tort law in India.

    These damages are classified into categories, mainly based on the method which is used to calculate them and also what these aim to achieve. The following are the major categories pf damages: 1.) General Damages: General damages are those awarded for harms and losses which are a natural and usual consequence of the tort and injury asserted.

  2. HIV/AIDS, Women's Human Rights and the Declaration of Commitment on HIV/AIDS: The principal obstacles ...

    Thus, the new program from 2004 will hopefully include their anonymous counseling about HIV too. Several brochures and posters concerning HIV have been printed and distributed in the population in order to enhance awareness about the disease and to increase level of education.

  1. In this report I am going to be critically anaylising the changes that have ...

    Attempts to change police culture, if they start from the assumption that contact between police and ethnic minorities outside law enforcement situations is the key problem, generally involve measures aimed at an increased recruitment of ethnic minority officers, race awareness training for white officers, and various `meet the community' initiatives.

  2. Outline the laws and government policies that have shaped and continue to affect Indigenous ...

    and what we need to consider in relation to safety precautions for victim, offender and third parties. If a restorative response was to be implemented it would need to be in a non judicial environment, be conducted informally, allow community members to be present and have Aboriginal people leading the mediation to ensure the process is culturally appropriate.

  1. Land law. The purpose of this paper is to present an analytical and investigative ...

    varying effects on the development of the law and its respective interpretation.12 [ML4]Australian law indicates that common law, resulting from pure laws arising from multiple judicial backgrounds and court precedents, can easily define the countries' laws and their respective applications.[ML5] The main implication of the growing body of court precedents and legislation is the equally increased enhancement of contract law(?).

  2. International Human Rights Laws - North Korea.

    Amnesty reports that "[i]n 1997, [North Korea] took the unprecedented decision to withdraw from the International Convention on Civil and Political Rights, following international criticism of North Korea's failure to report to the UN on its implementation of the Covenant."32 In July 2001, Amnesty reported that the UN committee would

  1. The law of partnership

    son was validly nominated and introduced into the firm and he was entitled to other equitable relief as having become a partner in equity. There is no reason for Costas and/or John to block Sven from appointing his son's for the new positions into the firm but they can always bring the case in front of a court.

  2. Hong Kong Constitutional Law - in order to combat cross-border crime in an effective ...

    from the Fung Shui Master Case The Fung Shui Master case concerned Li Yuhui, a Chinese national who killed five women in Hong Kong and escaped back to the Mainland was tried and sentenced under the PRC Criminal Law.34 As Li was a Chinese national, he was triable under Article

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work