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arbitration and law
Some use the term dispute resolution to refer only to alternative dispute resolution ( ADR ), that is, extrajudicial processes such as arbitration, collaborative law, and mediation used to resolve conflict and potential conflict between and among individuals, business entities, governmental agencies, and ( in the public international law context ) states.
" Without these questions there is no clear fulcrum on which to balance law, politics, and the practice of arbitrationin fact, no common assumptions of all participants — so the ability to formulate the questions are prior to rights balancing.
* Practices in arbitration and law, e. g., the claim that ethics itself is a matter of balancing " right versus right ," i. e., putting priorities on two things that are both right, but that must be traded off carefully in each situation.
Some civil law jurisdictions do, however, have arbitration panels with non-legally trained members decide cases in select subject-matter areas relevant to the arbitration panel members ' areas of expertise.
If the case has been submitted to arbitration rather than a national court, say because of a forum selection clause, an arbitrator may decide not to apply local mandatory policies in the face of a choice of law by the parties if this would defeat their commercial objectives.
Under the Covenant of the League of Nations, all League members agreed that where there was a dispute between states which they " recognize to be suitable for submission to arbitration and which cannot be satisfactorily settled by diplomacy ", the matter would be submitted to the Court for arbitration, with suitable disputes being over the interpretation of an international treaty, a question on international law, the validity of facts which, if true, would breach international obligations and the nature of any reparations to be made for breaching international obligations.
Also, where the appellate court undertakes judicial review of compulsory arbitration proceedings that were required by statute, the reviewing court must conduct a de novo review of the interpretation and application of the law by the arbitrators.
Although Congress passed this section to empower federal courts to hold unions liable in damages for strikes violating a no-strike clause, this part of the act has instead served as the springboard for creation of a " federal common law " of collective bargaining agreements, which favored arbitration over litigation or strikes as the preferred means of resolving labor disputes.
Some states have defined the " practice of law " to include those who appear as a representative in arbitration or act as arbitrators in disputes.
For example, there is a growing conflict between the multijurisdictional practice of law in arbitration proceedings in the financial service industry and state regulation of lawyers.
With a few exceptions, the general rule is that an appearance at an arbitration does not constitute the practice of law.
In 1964 he won election to the Michigan State Senate, where his most significant legislation was a law requiring arbitration in disputes between public-sector unions and municipalities.
The law provided for arbitration of disputes between the interstate railroads and their workers organized into labor unions.
This established the principle of international arbitration, and launched a movement to codify public international law with hopes for finding peaceful solutions to international disputes.
Indeed the ancient Roman custom of arbitration has now been adapted in many common law jurisdictions to a more inquisitorial form.
ICC publishes mainly for international lawyers, arbitrators, bankers, traders and students covering topics such as international banking, international trade reference and terms, law and arbitration, counterfeiting and fraud and model commercial contracts.
Nelson sought to suggest the parties engage in arbitration while demanding law and order from the strikers.
To speed this process clans made standing provisions for arbitration and regularly contracted bonds of friendship between the clans which had the force of law and were recorded in a convenient court.
He was the keynote speaker at a 2005 protest at the Canadian High Commission over Ontario's arbitration law, which already permitted religious arbitration in civil cases for Jews and Christians, being extended to Muslims.

arbitration and principle
In 1902, he sponsored several legislation which applied the principle of arbitration to commercial treaties.
The blockade saw Venezuela's small navy quickly disabled, but Castro refused to give in, and instead agreed in principle to submit some of the claims to international arbitration, which he had previously rejected.

arbitration and clause
Many contracts and other forms of legally binding agreement include a jurisdiction or arbitration clause specifying the parties ' choice of venue for any litigation ( called a forum selection clause ).
Many contracts include an arbitration clause naming the AAA as the organization that will administer arbitration between the parties.
The agreements mentioned under may contain an arbitration clause.
Murphy decried the reserve clause in player contracts that gave team owners unlimited control over the player's services, and demanded more rights for players, including the right of contract and the right of salary arbitration.
On January 30, 2008, a federal judge dismissed all eight counts of the lawsuit because the authors had signed contracts with Regnery which included mandatory arbitration clause in their contracts.
In addition to the " Rozelle Rule ", the players demanded the elimination of the option clause, impartial arbitration of disputes, elimination of the draft and waiver system and individual, rather than uniform contracts.
Merkin charged Zuckerman a 1. 5 % fee and imposed significant “ lock-up restrictions on redemptions ,", but his agreement with Gabriel Capital contains an arbitration clause against Merkin for his lost personal US $ 15 million investment.
Currently, all Olympic International Federations but one, and many National Olympic Committees, have recognised the jurisdiction of the CAS and included in their statutes an arbitration clause referring disputes to it.
After initial reports suggested Wagner would invoke his no-trade clause to veto a trade, he agreed to be traded on August 25 for Chris Carter and Eddie Lora, and with the added stipulation that the Red Sox could not exercise his $ 8 million option for 2010, but they could offer him salary arbitration.
* In re RealNetworks, Inc. Privacy Litigation, No. No. 00-1366, 2000 WL 631341 ( D. Ill. May 8, 2000 ) ( upholding an arbitration clause )
The employers won a promise that workers would settle their grievances through arbitration rather than strikes during the term of the Agreement ( a common clause in Union contracts today ).
UE warns its locals against excessive reliance on grievance arbitration, pointing out that the majority of arbitration decisions are in favor of management, and that an arbitrator ’ s unfavorable interpretation of a contract clause can harm the union for many years.
* the clause might refer to a specific kind of dispute resolution process, such as mediation, arbitration ( see arbitration clause, lex loci arbitri ), or a hearing before a special referee ; or
By 1975, however, arbitration effective reversed the Court's verdict, voiding the clause, which led to today's free agency system among major league professional athletes.

arbitration and is
In practice arbitration is generally used as a substitute for judicial systems, particularly when the judicial processes are viewed as too slow, expensive or biased.
" Arbitrage " is a French word and denotes a decision by an arbitrator or arbitration tribunal.
Any desired arbitration logic is placed on the daughter cards.
A blood feud or vendetta occurs when arbitration between families or tribes fails or an arbitration system is non-existent.
* 1900 – The international arbitration court at The Hague is created when the Senate of the Netherlands ratifies an 1899 peace conference decree.
A look at the UDRP decision patterns has led some to conclude that compulsory domain name arbitration is less likely to give a fair hearing to domain name owners asserting defenses under the First Amendment and other laws, compared to the federal courts of appeal in particular.
On 24 August a 10-year non-aggression pact was signed with provisions that included: consultation ; arbitration if either party disagreed ; neutrality if either went to war against a third power ; no membership of a group " which is directly or indirectly aimed at the other.
If the lex loci arbitri has been ignored, but there was no real and substantial connection between the place of arbitration and the agreement made by the parties, a court in which enforcement is sought may well accept the tribunal's decision.
But if the appeal is to the courts in the state where the arbitration was held, the judge cannot ignore the mandatory provisions of the lex fori.
In June 1920, an Advisory Committee of jurists appointed by the League of Nations finally established a working guideline for the appointment of judges, and the Committee was then authorised to draft a constitution for a permanent court, not of arbitration ( which is non-binding ) but of justice.
* February 6 – The international arbitration court at The Hague is created when the Netherlands ' Senate ratifies an 1899 peace conference decree.
They cannot, on the other hand, strike over minor disputes, either during the arbitration procedures or after an award is issued.
Nova Scotia is currently debating healthcare legislation aimed at removing the threat of striking healthcare workers and replacing it with binding arbitration.
According to this treaty, Megara is to be returned to the Peloponnesian League, Troezen and Achaea become independent, Aegina is to become a tributary to Athens but autonomous, and disputes are to be settled by arbitration.

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