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Arbitral Tribunal
An arbitral tribunal or arbitration tribunal, also arbitration commission, arbitration committee or arbitration council is a panel of unbiased adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a ''sole arbitrator'', or there may be two or more arbitrators, which might include a chairperson or an umpire. Members selected to serve on an arbitration panel are typically professionals with expertise in both law and in ''friendly dispute resolution'' (mediation). Some scholars have suggested that the ideal composition of an arbitration commission should include at least also one professional in the field of the disputed situation, in cases that involve questions of asset or damages valuation for instance an economist. The parties to agree on arbitration are usually free to determine the number and composition of the arbitral tribunal. Many jurisdictions have laws with general rulings in arbitration, they differ as to how many ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
LCIA View From Outside
LCIA may refer to: * Libin Cardiovascular Institute of Alberta * Licentiate of the Commonwealth Institute of Accountants * London Court of International Arbitration * Life_cycle_assessment#Life_cycle_impact_assessment, Life Cycle Impact Analysis, phase of LCA aimed at evaluating the significance of environmental impacts {{disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paris
Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. Since the 17th century, Paris has been one of the world's major centres of finance, diplomacy, commerce, fashion, gastronomy, and science. For its leading role in the arts and sciences, as well as its very early system of street lighting, in the 19th century it became known as "the City of Light". Like London, prior to the Second World War, it was also sometimes called the capital of the world. The City of Paris is the centre of the Île-de-France region, or Paris Region, with an estimated population of 12,262,544 in 2019, or about 19% of the population of France, making the region France's primate city. The Paris Region had a GDP of €739 billion ($743 billion) in 2019, which is the highest in Europe. According to the Economist Intelli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bad Faith
Bad faith (Latin: ''mala fides'') is a sustained form of deception which consists of entertaining or pretending to entertain one set of feelings while acting as if influenced by another."of two hearts ... a sustained form of deception which consists in entertaining or pretending to entertain one set of feelings, and acting as if influenced by another; bad faith", ''Webster's Dictionary'', 1913 It is associated with hypocrisy, breach of contract, affectation, and lip service. It may involve intentional deceit of others, or self-deception. Some examples of bad faith include: Soldiers waving a white flag and then firing when their enemy approaches to take prisoners (cf. perfidy); a company representative who negotiates with union workers while having no intent of compromising;"Bad Faith Negotiation," Union Voice a prosecutor who argues a legal position that he knows to be false; an insurer who uses language and reasoning which are deliberately misleading in order to deny a cl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Costs
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joint And Several Liability
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: * jointly liable, or * severally liable, or * jointly and severally liable. Joint liability If parties have joint liability, then they are each liable up to the full amount of the relevant obligation. So if a married couple takes a loan from a bank, the loan agreement will normally provide that they are to be "jointly liable" for the full amount. If one party dies, disappears, or is declared bankrupt, the other individual remains fully liable. Accordingly, the bank may sue all living co-promisors for the full amount. However, in suing, the creditor has only one cause of action; i.e., the creditor can sue for each debt only once. If, for example, there are three partners, and the creditor sues all of them for the outstanding loan amount and one of them pays the liability, the creditor cannot recover further amounts from the partners who did not contribute to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personal Representative
In common law jurisdictions, a personal representative or legal personal representative is a person appointed by a court to administer the estate of another person. If the estate being administered is that of a deceased person, the personal representative is either an executor if the deceased person left a will or an administrator of an intestate estate. In other situations, the personal representative may be a guardian or trustee, or other position. As a fiduciary, a personal representative has the duties of loyalty, candor or honesty, and good faith. In the United States, ''punctilio of honor'', or the highest standard of honor, is the level of scrupulousness that a fiduciary must abide by.''Meinhard v. Salmon'', 164 N.E. 545 (N.Y. 1928). In either case of a deceased estate, a probate court of competent jurisdiction issues a finding of fact, including that a will has or has not been filed, and that an executor or administrator has been appointed. These are often referred to as "l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Death
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain death is sometimes used as a legal definition of death. The remains of a former organism normally begin to decompose shortly after death. Death is an inevitable process that eventually occurs in almost all organisms. Death is generally applied to whole organisms; the similar process seen in individual components of an organism, such as cells or tissues, is necrosis. Something that is not considered an organism, such as a virus, can be physically destroyed but is not said to die. As of the early 21st century, over 150,000 humans die each day, with ageing being by far the most common cause of death. Many cultures and religions have the idea of an afterlife, and also may hold the idea of judgement of good and bad deeds in one's life ( h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resignation
Resignation is the formal act of leaving or quitting one's office or position. A resignation can occur when a person holding a position gained by election or appointment steps down, but leaving a position upon the expiration of a term, or choosing not to seek an additional term, is not considered resignation. When an employee chooses to leave a position, it is considered a resignation, as opposed to involuntary termination. Whether an employee resigned or was terminated is sometimes a topic of dispute, because in many situations, a terminated employee is eligible for severance pay and/or unemployment benefits, whereas one who voluntarily resigns may not be eligible. Abdication is the equivalent of resignation for a reigning monarch, pope, or holder of another similar position. Political examples A resignation is a personal decision to exit a position, though outside pressure exists in many cases. For example, Richard Nixon resigned from the office of President of the United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Impartiality
Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons. Legal concept European Union law refers in the Charter of Fundamental Rights of the European Union to: * A right to good administration: :''Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union'' (Article 41) * A right to an effective remedy and to a fair trial: :''Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law'' (Article 47).European Parliament, Council and CommissionCharter of Fundamental Rights of the European Union 26 October 2012 Religious concepts Buddhism Impartiality is one of the seven fact ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration Award
An arbitration award (or arbitral award) is a determination on the merits by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. It is referred to as an 'award' even where all of the claimant's claims fail (and thus no money needs to be paid by either party), or the award is of a non-monetary nature. Damages and other remedies Although arbitration awards are characteristically an award of damages against a party, tribunals usually have a range of remedies that can form a part of the award. #the tribunal may order the payment of a sum of money (conventional damages) #the tribunal may make a "declaration" as to any matter to be determined in the proceedings #in most jurisdictions, the tribunal has the same power as a court to: ##order a party to do or refrain from doing something ("injunctive relief") ##to order specific performance of a contract ##to order the rectification, setting aside or cancellation of a deed or other document. Enfor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Advocate
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "Advocate" indicates a lawyer of superior classification. "Advocate" is in some languages an honorific for lawyers, such as " Adv. Sir Alberico Gentili". "Advocate" also has the everyday meaning of speaking out to help someone else, such as patient advocacy or the support expected from an elected politician; this article does not cover those senses. Europe United Kingdom and Crown dependencies England and Wales In England and Wales, Advocates and proctors practiced civil law in the Admiralty Courts and also, but in England only, in the ecclesiastical courts of the Church of England, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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