Who is the arbitrator that determines what is good what is evil

However, improper inspection can lead to significant disputes and damages that you can refer to below. The ten years of Law on Commercial Arbitration LCA are also the year development period of VIAC - the first institutional arbitration organization in Vietnam, the organization that goes along with the formation and advancement of the legal framework of commercial arbitration in Vietnam.

Doug Jones, a leading arbitrator in the international arbitration community, revealed to me his infatuation with the beautiful beach and Vietnamese delicacies after a seminar in Da Nang.

He was also inspired by the confidence, assertiveness, competence and the ambition to improve domestic arbitrators to the same level as those working in the international sphere of young arbitrators and VIAC Secretaries. Law on Commercial Arbitration LCA - the procedural law governing arbitration proceedings whose seat is in Vietnam. Nowadays, as the digital economy emerges, electronic agreements on online websites are becoming more and more prevalent; hence, the legal effect of establishing terms and conditions of service when accessing the website browse-wrap and clicking click-wrap are of particular interest.

The following paper analyzes some of the legal aspects of online agreement conclusion, especially the establishment of the arbitration agreement by means of browse-wrap and click-wrap. Whether settling disputes in Court or through arbitration, when a party has the burden of proof, it must submit evidence to the arbitral tribunal. The evidence can be in many different forms: Document electronic evidence, audio recordings, video recordings, witness statement, etc. In international commerce and investment, parties to a dispute often select arbitration as an alternative dispute resolution other than litigation in which the court, an authorized state agency, adjudicate disputes.

An explanation for this phenomenon is that arbitration may be the optimal means that the parties can exercise their autonomy in writing to select one or several individuals who are not representing state agencies and state power the so-called private parties to resolve disputes. However, to prevent the possibility of arbitrators "privatizing" justice, [1] the New York Convention and the ICSID Convention set out the rules for annulment of arbitral award when such award violates arbitral proceeding.

Here, questions arise. What rules of procedure are violated? And to what extent is the commercial and investment arbitral award annulled? Goods can be consolidated, batched, packed, sorted, and grouped for a certain period of time before being loaded onto a trailer for carriage to the consignee.

When talking about IP arbitration, two main issues must be considered: Is an arbitration clause in place? As a matter of fact, usually there is no contract in place between the rival parties. And even if there is for instance licence agreements, technology agreements, trademark co-existence agreements or even transaction agreements also containing IP-related issues , such agreements often do not contain IP-specific arbitration clauses or any arbitration clauses at all.

Is the matter of the dispute arbitrable? In IP disputes, the existence, validity, ownership or scope of certain IP rights are at least preliminary questions to be resolved before the merits of a case can be determined.

Referring to the commission letters quoted above, which, according to his opinion also covered the contracts, Mr [X] in a letter of 9 July to [the Respondent] demanded that the commission agreed upon be placed at his disposal. After [the Respondent's] refusal to pay any such commission the parties agreed to submit their dispute to arbitration as laid down in the following document, signed in London and Paris:. What was the extent of the agreement between the parties which became expressed in the commission notes, and particularly whether or not it entitles the Claimant to any commission in respect of all or any of the contracts which were awarded to the Respondents and to the partnership formed by [Company E].

Due to the fact that conditions at this end look very promising, Mr Toots alias Mr [X] is going to make an effort to obtain a letter of intent similar to the one that was given to [an American Company] approximately six months ago by the highest authorities in this country.

As far as I can see, this letter could take one of the following three alternatives: 1 A letter addressed to us stating that provided we can supply such and such equipment with the conditions of payment stipulated therein, they would buy from us We know that it is very difficult to obtain financing arrangements to buy this material spread over X years, and therefore if you can arrange the financial operation requested, we will buy.

The only solution to this that I can think of would be to find a device by which Mr Toots is nominated our financial adviser for Argentina, or some sort of similar title, so that he can prove to the boys to be somebody belonging to the firm and thus issue the commission letters on his own account. The main reason for Mr Toots thinking of obtaining No. Therefore, as you will realise, No. From our point of view No. Legally, there is no difficulty for a letter like No.

I am afraid that is all very involved, but in South America one needs somebody to handle the delicate side of all large negotiations. Mr [X] considered that there was a very good chance of obtaining this order for [the Respondent], provided he could be issued with commission notes in a form satisfactory to Senor [Z].

Leaving aside the above discussion that is based on the purposes of the IBA Rules and the Prague Rules, there are numerous similarities between them. Both rules leave the ultimate control of the document production to the tribunal.

Article 4. Considering that transactions are conducted predominantly via electronic means nowadays, it seems that prohibiting the production of e-documents is excessive to reconcile the needs of the businesses in this century. On the other hand, in many common law countries, a relatively extensive document production is considered as an essential requirement for a fair proceeding. The American purchaser accused the German vendor of having manipulated the internal debts and initiated arbitration proceedings to claim damages.

In the procedural order, the parties agreed to submit all documents that the party-appointed experts had taken into consideration. Afterwards, the claimant submitted two financial expert reports but only submitted out of 1, documents that were taken into consideration by those experts. At the end, the tribunal decided in favour of the claimants on the merits, and the respondent challenged the award before the Higher Regional Court of Frankfurt in June Although the losing party appealed the decision before the German Federal Court of Justice, the court considered the appeal inadmissible and rejected it.

It is crucial for every arbitral tribunal to conclude arbitration proceedings with an enforceable award. To avoid raising concerns, the tribunals should be cautious when it comes to determining whether they have the discretion to order document production or not; and if yes, to avoid the refusal of sufficient document production or excessively onerous document production.

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