Theoretical Considerations of the Interaction of International Arbitrations and Courts in International Law
ABSTRACT: The proliferation of international courts and tribunals has been one of the most evident trends in international law development and has had a pronounced effect on the evolution of international ...
page 3 - 20
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Seat of Arbitration and Supporting and Supervising Function of Courts
ABSTRACT: The seat of arbitration has essential practical importance in arbitration, and it directly determines a number of issues: arbitrability, determination of governing law, whether substantive, or ...
page 21 - 48
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The English approach to Challenges at The Seat: Should Courts Stay Away from the Challenges on the Merits as the Model Laws Provides?
ABSTRACT: In England, a party to an arbitral proceeding may appeal to an English court on a question of law arising out of an award made in the proceeding. The right to appeal is subject to many restrictions; ...
page 49 - 68
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Enforcement of Arbitral Awards: The Role of Courts at the Seat
ABSTRACT: When the New York Convention was drafted, one of its fundamental aims was to provide for a uniform system of enforcement of arbitral awards. One noteworthy feature of the New York Convention is that ...
page 69 - 86
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Excessive Judicialization – an Obstacle to Efficiency in Arbitration
ABSTRACT: As in global trade and investments, international arbitration has increasingly become the main method of solving international disputes. This paper focuses on finding some solutions to achieving ...
page 87 - 114
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The Interaction of Arbitration and Mediation in Relation to Justice
ABSTRACT: This article points to the line of historical development from 1989 to the present, and examines how economic processes in the Czech Republic led to the rapid development of arbitration. Subsequent ...
page 115 - 136
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Two examples of Interaction between State Courts and Arbitration: Ruling on the Competence of an Arbitral Tribunal to Adjudicate and Injunctive Relief in Arbitral Proceedings
ABSTRACT: Although international arbitration has achieved a substantial level of independence from state courts, the role of such courts is still important for effectiveness of arbitral proceedings. ...
page 137 - 158
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Interaction of Arbitration and Constitutional Courts
ABSTRACT: This study intends to analyse the interaction between constitutional courts and commercial arbitration courts in the European context, with particular reference to the current situation and ...
page 159 - 178
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Can Arbitral Tribunals Seek the Support of National Courts to Obtain a Preliminary Ruling by the CJEU in Matters Involving EU Competition Law?
ABSTRACT: Arbitral tribunals are not allowed to refer to the CJEU for a preliminary ruling, but need the support of state courts in doing so. In most jurisdictions of the EU Member States, arbitral tribunals ...
page 179 - 194
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The Interaction of Arbitration and State Courts: A Growing Confrontation or a Peaceful Coexistence?
ABSTRACT: In this article the question of the interaction between arbitration and state courts is considered in a bilateral aspect. We consider whether the state recognizes the jurisdictional nature of ...
page 195 - 216
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The Mediator-Judge Interaction: Does the Win-Win Approach Apply?
ABSTRACT: This article focuses on the interaction between judges and mediators. It follows the chronological order of the mediation procedure in order to show the relevant relations that occur between these ...
page 217 - 236
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Res judicata: Differences between International Arbitration and Litigation
ABSTRACT: There is no doubt that the principle of res judicata has been recognized and accepted as the ‘general principle of international law’. It prevents a party from defending itself twice for the ...
page 237 - 252
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Equal Employment Disputes: ADR and the Role of the Equal Treatment Authority
ABSTRACT: The settlement of employment disputes is a recurring problem in labour law. Such disputes tend to be either debates on collective interests which do not reach the level of litigations or litigations ...
page 253 - 270
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Judicial Review of Arbitration Awards in the Slovak Republic: Searching for a New Balance between Arbitration and Courts
ABSTRACT: Slovak arbitral proceedings are mainly regulated by Act No. 244/2002 Coll., on Arbitration. Twelve years of validity of this act has indicated the necessity for its modification and amendment. In ...
page 271 - 290
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Arbitrator vs. Judge
ABSTRACT: The relationship between arbitrator and judge in the Italian system is a relationship of jurisdiction. This is what emerged from the reform of 2006 and from the recent decisions of the ...
page 291 - 310
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