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Arbitration Act 1996
The Arbitration Act 1996c 23 is an Act of Parliament which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland. The 1996 Act only applies to parts of the United Kingdom. In Scotland, the Arbitration (Scotland) Act 2010 provides a modern statutory framework for domestic and international arbitration. Overview England and Wales is one of the very few developed jurisdictions in the world which has consciously elected not to follow the UNCITRAL Model Law on International Commercial Arbitration. This is a position which has been subject to criticism. General duty of the tribunal The Act mandates that the general duty of the arbitral tribunal is to: # act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting his case and dealing with that of his opponent, and # adopt procedures suitable to the circumstances of the particular case, avoiding unnecessary delay or expense, so as to provide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acts Of Parliament In The United Kingdom
In the United Kingdom an act of Parliament is primary legislation passed by the Parliament of the United Kingdom. An act of Parliament can be enforced in all four of the UK constituent countries (England, Scotland, Wales and Northern Ireland); however as a result of devolution the majority of acts that are now passed by Parliament apply either to England and Wales only, or England only; whilst generally acts only relating to constitutional and reserved matters now apply to the whole of the United Kingdom. A draft piece of legislation is called a bill; when this is passed by Parliament and given Royal Assent, it becomes an act and part of statute law. Classification of legislation Acts of Parliament are classified as either "public general acts" or "local and personal acts" (also known as "private acts"). Bills are also classified as "public", "private", or "hybrid". Public general acts Public general acts form the largest category of legislation, in principle af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Policy
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public policy can be considered to be the sum of government direct and indirect activities and has been conceptualized in a variety of ways. They are created and/or enacted on behalf of the public typically by a government. Sometimes they are made by nonprofit organisations or are made in co-production with communities or citizens, which can include potential experts, scientists, engineers and stakeholders or scientific data, or sometimes use some of their results. They are typically made by policy-makers affiliated with (in democratic polities) currently elected politicians. Therefore, the "policy process is a complex political process in which there are many actors: elected politicians, political party leaders, pressure groups, civil servants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration Law
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conciliation And Arbitration Act 1904
The ''Commonwealth Conciliation and Arbitration Act 1904'' (Cth) was an Act of the Parliament of Australia, which established the Commonwealth Court of Conciliation and Arbitration, besides other things, and sought to introduce the rule of law in industrial relations in Australia. The Act received royal assent on 15 December 1904. The Act applied to industrial disputes “extending beyond the limits of any one State, including disputes in relation to employment upon State railways, or to employment in industries carried on by or under the control of the Commonwealth or a State or any public authority constituted under the Commonwealth or a State”. The Act was amended many times and was superseded by the ''Industrial Relations Act 1988'' and was repealed by the ''Industrial Relations (Consequential Provisions) Act 1988'' with effect on 1 March 1989. The ''Industrial Relations Act 1988'' was itself replaced by the ''Workplace Relations Act 1996''. Background Constitutiona ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Industrial Conciliation And Arbitration Act 1894
The Industrial Conciliation and Arbitration Act 1894 was a piece of industrial relations legislation passed by the Parliament of New Zealand in 1894. Enacted by the Liberal Government of New Zealand, it was the world's first compulsory system of state arbitration. It gave legal recognition to unions and enabled them to take disputes to a Conciliation Board, consisting of members elected by employers and workers. If the Board's decision was unsatisfactory to either side, an appeal could be made to the Arbitration Court, consisting of a Supreme Court judge and two assessors, one elected by employers' associations and another by unions. The 1966 Encyclopaedia of New Zealand stated: "After some 70 years of operation, the industrial conciliation and arbitration system has become a firmly accepted – perhaps even a traditional – way of determining minimum wage rates and handling industrial disputes. It has been subject to many criticisms from time to time, and occasionally to heav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration In The United States
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution. Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution. In practice arbitration is generally used as a substitute for litigation, particularly when the judicial process is perceived as too slow, expensive or biased. In some contexts, an arbitrator may be described as an umpire. History Agreements to arbitrate were not enforceable at common law. This rule has been traced back to dictum by Lord Coke in ''Vynor’s Case'', 8 Co. Rep. 81b, 77 Eng. Rep. 597 (1609), that agreements to arbitrate were revocable by either party. During the Industrial Revolution, merchants became increasingly opposed to this rule. They argued that too many valuable business relationships were being destroyed through years of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Court Of Arbitration
ICC International Court of Arbitration is an institution for the resolution of international commercial disputes. It operates under the auspices of the International Chamber of Commerce and consists of more than 100 arbitrators from roughly 90 countries. Contrary to what its name suggests, the ICC does not issue formal judgements. Instead, it provides "judicial supervision of arbitration proceedings." The court's official working languages are English and French. However, cases can be administered in any language. The headquarters of the ICC is in Paris, France. As of 9 January 2020, the court has registered 25,000 cases since its creation. It also saw a record number of cases registered in 2019, an indication of the ICC's efforts to expand its services in recent years. Background The Court was founded in 1923 under the leadership of the ICC's first president Étienne Clémentel Étienne Clémentel (11 January 1864 – 25 December 1936) was a French politician. He served a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Commercial Law
International Commercial Law is a body of legal rules, conventions, treaties, domestic legislation and commercial customs or usages, that governs international commercial or business transactions. A transaction will qualify to be international if elements of more than one country are involved. ''Lex mercatoria'' refers to that part of international commercial law which is unwritten, including customary commercial law; customary rules of evidence and procedure; and general principles of commercial law. International commercial contracts International commercial contracts are sale transaction agreements made between parties from different countries. The methods of entering the foreign market, with choice made balancing costs, control and risk, include: #Export directly. #Use of foreign agent to sell and distribute. #Use of foreign distributor to on-sell to local customers. #Manufacture products in the foreign country by either setting up business or by acquiring a foreign subsidi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Advisory, Conciliation And Arbitration Service
The Advisory, Conciliation and Arbitration Service (Acas) is a Crown non-departmental public body of the Government of the United Kingdom. Its purpose is to improve organisations and working life through the promotion and facilitation of strong industrial relations practice. Acas provides employment law and employment relations advice for employers and employees through its website and helpline. It also offers dispute resolution services such as arbitration or mediation, although the service is perhaps best known for its collective conciliation function – that is resolving disputes between groups of employees or workers, often represented by a trade union, and their employers. Acas is an independent and impartial organisation that does not side with a particular party, but rather will help the parties to reach suitable resolutions in a dispute. Today, the employment world has mostly moved away from large-scale industrial disputes that characterised the late 1970s to the mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
