Can Arbitration be combined with other forms of dispute resolution?

Can Arbitration be combined with other forms of dispute resolution? Before considering whether arbitration can be combined with other forms of dispute resolution or to address it by its generally acknowledged title 'alternative dispute resolution' it would be prudent to examine the shared background against which the debate concerning both these forms of conflict resolution as alternatives to litigation have emerged. It is only by putting these into context that one can appreciate there growing acceptance. This will then be followed by an examination of arbitration and 'alternative dispute resolution' which should allow the individual to appreciate their similarities and lead one to ask the question 'why the need for ADR?'. The term 'alternative dispute resolution' does not describe one model but rather it encompasses several models and as such it will be necessary to review a number of these. This will not be an exhaustive exercise but will serve to illustrate a number of the more generally accepted models. It will then be possible to examine the similarities and differences that distinguish arbitration and ADR. before considering whether it would be practicable or not to combine arbitration with other forms of dispute resolution. This paper will concentrate upon the domestic arenas as opposed to the international arenas. One can argue persuasively that the Western

  • Word count: 6152
  • Level: University Degree
  • Subject: Law
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Referring to examples of their work, assess the influence of the Law Commission and Royal Commissions on the process of law reform.

Scarlett Hayes 12R1 Referring to examples of their work, assess the influence of the Law Commission and Royal Commissions on the process of law reform. he Law Commission was set up to "take and keep under review all of the law...with a view to its systematic development and reform...". For this reason, it has a large influence on the process of law reform. It is a full-time body that consists of a Chairman who is a High Court judge, four other Law Commissioners and many support staff. They research areas of law that are of concern and draft Bills with appropriate reforms to be proposed. In the first 10 years that it was set up, 85% of their proposals were enacted, from 1975 to 1985 50% of their proposals were taken u. However, in 1990 there was none and a lack of Parliamentary interest. To deal with this, the Jellicoe Procedure was introduced in 1994 to enable a Specials Committee of the House of Lords to debate non-controversial Bill. This made sure they passed through Parliament more quickly. In 1994 to 1995 13 reports became law down to the Jellicoe Procedure. However, since then the Jellicoe Procedure has been scarcely used, except for in the Powers of the Criminal Courts (Sentencing) Act, 2000. Taken as a whole, about two thirds of the Law Commission reports have been enacted. In 2004 7 reports had been enacted, 17 had been accepted and were waiting implementation and

  • Word count: 1060
  • Level: University Degree
  • Subject: Law
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Briefly outline where juries can be found and explain the selection and qualification procedures used in the jury system.

Juries A) Briefly outline where juries can be found and explain the selection and qualification procedures used in the jury system. Juries can be seen in many areas of our legal system. The most obvious is when they are found in the Crown Court, deciding the verdict of the trial. However jury trials account for less than one per cent of all criminal trials, but nevertheless play an important role in cases such as murder and rape. Juries are also seen in the High Court, dealing with such cases as defamation, false imprisonment, malicious prosecution and allegations of fraud, they will decide if the accused is liable and if so decide the amount awarded in damages. The County Court also uses juries for the same types of cases as the High Court, and their role is also identical. The last court to use juries is that of the Coroner's Court, where the jury will decide the cause of death in circumstances such as deaths in prison, in police custody, industrial accidents or where the health and safety of the public is involved. In the Crown Court, an official is appointed who is responsible for summonsing enough jurors to sit at the cases to be heard over the course of the fortnight. The jurors are randomly selected from the electoral register, for the area that the court covers. Summons are then sent to the correct number of people required, these people must attend for two

  • Word count: 1399
  • Level: University Degree
  • Subject: Law
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Legal Personnel

http://www.ask.co.uk/metasearch.asp?aj_product=IndexSearch&MetaEngine=Teoma&EngineOrdinal=2&ItemOrdinal=5&m=6&AdServerCode=&MetaURL=http%3A%2F%2Falevel%2Epages%2Etripod%2Ecom%2Fbiocw%2Ehtml__score_0.72__&MetaTopic=Biology+Coursework+Archive+%7CSimon%27s+A%2DLevel+Pages&ask=A%2BLEVEL%2BBIOLOGY%2BCOURSEWORK&LogId=49299D356A397D478EBA05BB3280D6B1&origin=0&qsource=11&qcategory=SHOP&aj_is=no&rf=&x=falseLaw AS Legal Personnel . Barristers 2. Solicitors 3.Judges 4. Lord Chancellor 5. Magistates 6. Juries Administration of Justice . The Courts 2. Police Powers/Civil 3. Appeals/Sentancing 4. Criminal Litigation 5. Civil Litigation 6. Human Rights Act Sources of Law . Statutory Interpretation 2. Precedent 3. Equity (Conscience) 4. European Union 1998 * Murder must be a life sentence! * Statute Passed by Parliament. * Equity=Court may lean the way of conscience (appeal may overrule). * European Union: Increasingly popular for exams, critical importance to English law, employment law, compulsory topic at university. Legal Personnel. Barristers . A barrister is that member of the legal profession whose principle job is advocacy i.e. arguing his client's case in court. 2. In addition barristers also give specialist advice to solicitors on which they have specialized knowledge. This is known as opinion - drafting. 3. Barristers work can broadly be divided into

  • Word count: 5875
  • Level: University Degree
  • Subject: Law
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This has become clear from several decisions which the Bundeskartellamt has already made

GERMANY (July 2000 - June 2001) Table of contents Executive Summary . Legislation 2. Agreements / abusive practices by dominant firms 3. Merger control . Changes to competition laws and policies, proposed or adopted . Summary of new legal provisions of competition law and related legislation 2. Other relevant measures, including new guidelines 2. Enforcement of competition laws and policies . Action against anticompetitive practices, including agreements and abuses of dominant positions a) Summary of activities of competition authorities and courts b) Description of significant cases, including those with international implications aa) Agreements, action in the form of administrative fine proceedings against cartels bb) Exemptions from the general ban on cartels cc) Control of abusive practices by dominant firms / Supervision of price abuses by monopolists (utilities) dd) Activities of the courts 2. Mergers and acquisitions a) Statistics on number, size and type of mergers notified and/or controlled under competition laws b) Summary of significant cases aa) Prohibition or prevention of mergers bb) Clearances subject to conditions and obligations cc) Clearances dd) Withdrawal of application 3. The role of competition authorities in the formulation and implementation of other policies, e.g. regulatory reform, trade and industrial policies 4.

  • Word count: 10143
  • Level: University Degree
  • Subject: Law
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Article 249 (ex 189) of the Treaty of Rome 1957 stipulates that directives are binding as to the result to be achieved, but that each individual Member State can use its discretion on how to implement it.

a) b) Article 249 (ex 189) of the Treaty of Rome 1957 stipulates that directives are binding as to the result to be achieved, but that each individual Member State can use its discretion on how to implement it. Consequently, the UK is obliged by law to implement the directive. The European Court of Justice stated in Van Gend en Loos v Nederlandse Administratie der Belastingen (Case 26/82) [1963] ECR 1 that the EC constitutes a new legal order, binding on its members, and which therefore must take precedence over domestic laws if a conflict should arise, so that international obligations are fulfilled. Directives confer obligations on the State, and cannot be used by individuals in pursuit of a claim against another individual. If the factory was part a public body (such as a gas works, which was defined as such in Foster v British Gas plc (case C-188/89) [1990] ECR I-3313), Mary may be able to sue them as in Marshall v Southampton Area Health Authority (No 1) (case 152/84) [1986] ECR 723, it was decided that the State should not be allowed to benefit from its own failure to implement EC law properly. However, if the factory not a State body, Mary would not be able to sue it for polluting the water, since it would not be bound by the directive. However, the government is in breach of its Treaty obligations in not passing the directive into national law within the time

  • Word count: 1989
  • Level: University Degree
  • Subject: Law
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Is there an EU constitutional order? Does any judicial opinion 'beg the constitutional question', and, if so, why?

Week 7 Essay - Is there an EU constitutional order? Does any judicial opinion 'beg the constitutional question', and, if so, why? Introduction The creation of the European Union (EU) and the development of a body of European Community law were heralded as the birth of a new legal order. This new order would reign supreme and challenge the traditional models employed by Member States (MS). The fundamental question, however, is whether an actual EU constitutional order emerges. If such an order can be identified, then its legitimacy and the implications for MS must be explored. By tracing the judicial opinions expressed in several key cases, we will discover to what extent the constitutional question has been begged and the reasons behind such enquiry. Defining a constitutional order is a demanding task but crucial to this discussion and an excellent starting point. To a great extent, talk of a constitutional order refers to the legal structure of political authority. Kelsen1 describes a system where there resides a hierarchy of norms, each norm gaining its validity from a higher norm. Ultimately, a basic "grundnorm" exists and operates as a standard against which all other legal norms can be tested. Its validity is presupposed. It is questionable, however, whether such a positivist legal order can "...achieve the autonomy and determinacy it claimed for itself." It would

  • Word count: 2285
  • Level: University Degree
  • Subject: Law
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Undergraduate Assessment Problem [22035] Public Law and Administration.

200127801 Undergraduate Assessment Problem [22035] Public Law and Administration. When a decision or action is subject to judicial review it is to say it can be challenged on the basis of the rules and principles of public law, which define the grounds of judicial review. However, each person, interest group or another governmental body may not satisfy the rules of standing for judicial review and therefore alternative remedies or appeals should be depleted before the expensive and time consuming process of judicial review proceedings is undertaken. The legal control of governmental institutions or bodies by the courts can take a number of forms; governmental officials and bodies are liable to be sued, for example, for torts, breaches of contract and trusts- a private law action-or the activities can be subject to judicial review-a public law action. Public law's main contrast is that of private law. Private law can be defined as the law regulating the relations of private persons-be that individuals corporations or one another. Public law, in broad terms, concerns activities and regulation of relations between governmental bodies such as the legislature, departments of central government and agencies. Here, the scenario provides the Secretary of State as representing such a governmental body. Groups and individuals clearly affected by this legislation will be advised here.

  • Word count: 2474
  • Level: University Degree
  • Subject: Law
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German Law - A reflection of German history or the demands of the allied powers?

German Law - A reflection of German history or the demands of the allied powers? On 1st September 1948, the Parliamentary Assembly met for the first time, called by the German Landtage, but ultimately demanded by the occupying allied powers, Britain, France and America. They were charged with the creation of a stable constitutional system for the three west German zones that later became the Federal Republic of Germany. Some restrictions were placed on this assembly by the allies, but in this essay hope to show the extent of the freedom of the Assembly, and the fact that the Basic Law which emerged from it was largely the product of German history and not allied coercion. The first area to examine is the historical sequence of events which led to the drafting of the Basic Law. One important thing to notice is that the three governments involved in the occupation of western Germany after the Second World War - the French, British and Americans - were far from agreed about the way to proceed with the rebuilding of a German government. Aside from the fact that they had been forced to accept the inevitability of the division of Germany following the Soviet withdrawal from the Control Council responsible for Germany, there were disagreements between the democratic allies as to what sort of government would be suitable for the three occupied zones over which they still had

  • Word count: 3515
  • Level: University Degree
  • Subject: Law
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Judges Vs Jury.

JUDGES VS JURY The fact that ordinary members of the public attend in judicial hearings, evaluate evidence, give verdicts etc. became an important distinguishing feature of the English legal system. Although the jury as an English legal institution can claim a very long history, controversies surrounding professional judges and juries are still under debate. The jury in comparison with judges have certain advantages such as objectivity, possibility to represent the same social class as defendants, rare cases of corruption, but judges differ in qualification, experience and responsibility for the cases. The first and most important advantage of the jury is their objectivity. The twelve jurors are completely unknown to the person accused and can give him/her a fair trial. Furthermore, the jurors have no prior knowledge of the case and will be able to reach their verdict entirely on the evidence presented at the trial. Thus, the responsibility for law and order is a community responsibility. It is clear that the person accused leaves his/her freedom in the hands of ordinary people rather than entirely in the hands of the lawyers. So, the jury for their objectivity can be called an instrument of justice. The second advantage of the jury is the fact that most jurors represent the same social class as defendants. In fact, the jury consists of twelve individuals chosen at random

  • Word count: 936
  • Level: University Degree
  • Subject: Law
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