Free Essay

Application of International Law

In: Computers and Technology

Submitted By LSingleton88
Words 1273
Pages 6
Application of International Law
Business Law and Corporate Ethics
BUS212 A01
Lashonda Singleton
Professor Mcgovern
Argosy University Online

Abstract

Arbitration is a way of solving a dispute, as between industry and administration or a hardship outside of the court organization. By submitting it to a detached third party or bureau for an agreement that could or could not be a binding compare. Adjudication and similar alternatives were essentially set up to give an aerodynamic and cost-conscious option to deal with a legal issue. AAA adjudicators retains dotages of business-definite awareness and maturity. The AAA's board of Adjudicators consist of more than seven thousand persons placed all over the globe. Their oversight is handled by the Association's Code of Ethics for Adjudicators in business conflicts. Facts about AAA adjudicators is feasible to the parties who have already filed a case. The AAA's guidlines and regulations cover adjudication across a wide diversity of businesses and case types. These guidelines and regulations design the steps in the settlement action and makes sure that all parties that are involved in a case are treated fairly and equitably.

The Russian structure commendations international alliances to which Russia is a party as an imperative and absolute integral of Russian act. So, international alliance and meeting rules abound in the advent of a rivalry with private Russian act. For consideration to foreign adjudication Russia is also involved in the meeting on the appreciation and administration of Foreign Arbitral Awards of 1958 “New York Convention”, and also to the European meeting on Foreign Business Adjudication of 1961. Russia also belongs to many reciprocal alliances on the bilateral admission and imposition of arbitral endowment, for instances; with Sweden and Japan. Provincial alliances with other commonwealth of autonomous states, “CIS”, countries are an important connection of law in Intra-CIS conflicts. (Hendrix & Nikiforov, 2011)

The leading connection of Russian foreign adjudication act is the act on “Foreign Business Adjudication”, also known as the (Foreign Adjudication Law) executed on July 7, 1993. The adjudication laws is established on the UNCITRAL Model Act which, Russia has not yet accepted the modifications to the Model Act that were imported in 2006. Also the Foreign Adjudication act, additional guidelines ruling admix ‘tween the tribunals and arbitral board are set out in the Arbitrazh Procedure Code (APC). The Arbitrazh tribunals are amalgamated economical tribunals, in which 2002 simulated responsibility from the tribunals of general administration for the enforcement of foreign arbitral awards and juridical support of adjudication affairs normally. Private adjudication is commanded by a isolated act. (Hendrix & Nikiforov, 2011)

Adjudication is now usually confirmed in the juridical community as a common approach of different conflict settlement, and is generally used in an array of conditions, along with conflicts involving commercial agreements, consumer agreements and employment affairs. The United States’ adjudication process employs a notable point in the comprehensive foreign adjudication system and in adjudication historic improvement since there has been ample numbers of United States juridical agreements imputed by other regions tribunals. The proposition of exemption of settlement is the propulsive effort in American adjudication act and method. For the United States, act acquires from five origins: constitutions, foreign treaties, statutes, adjustments declared by bureaucratic companies, and titled assessments of tribunals. (Kesikli, 2014)

The Amalgamated Adjudication Act or (FAA) cases most adjudication in the United States to an individual regulation for a juridical inspection, disregarding whether the conflict is private or foreign. It was executed by Congress in 1925 mainly to overcome juridical hesitancy to carry out arrangements to adjudicate. (Kesikli, 2014)

In distinction to what was reported in the assignment, Monarch Associates awarded Vladir Unlimited all advantages in the adjudication arrangement. As it was documented in the arrangement, Vladir Unlimited received rights to adjudicate conflicts in Russia, as well as being culpable for choosing the adjudicators for the board. Thus, any conflicts, legal or non-legal, should be adjudicated in Russia, as agreed on when writing the arbitrary arrangement.

The Advantages to arbitration are; Cost- actually adjudication has generally been seen as a more way to save money to resolve conflicts, on a regular, than litigating in courts. Next is speed, with the omission adjudication tends to follow more definite and construed timelines toward settling conflicts, and arbitrators don’t always have caseloads of work, which means a faster final answer. Fairness- adjudicators are chosen by arrangements of both parties, by a third party adjudication service, or by a defined approach where consultation is granted from both parties. This means that in many cases, no single party controls who the adjudicator (or adjudicators) will be. Finality- it is very exacting to demand adjudication rulings, even if blatant mistakes have been made by an adjudicator. This finality can be a clear aspect in relation to ending a conflict. Simplified procedures- Litigation can entail tons of paperwork, numerous hearings, depositions, subpoenas, and similar processes. An adjudication may disqualify some or all of those time-consuming and expensive tools of litigation. Confidential- Adjudication hearings do not take place in open court and manuscripts are not part of the public record. This can be real beneficial for parties in some cases. (FindLaw, 2014)

No the disadvantages of adjudication; Cost- because adjudication doesn’t always lessen the costs of settling a legal dispute. This is because adjudication can and will vary in intricacy and can take a lot of paperwork, which may indeed be more likely to raise the costs than going litigation. As one example, adjudication can be conclusive or non-conclusive. In a non-conclusive adjudication, the final choice or award in the case is not "conclusive" and the parties are free to take their conflict back to court. Fairness- users may have appropriate burdens about the fairness of being moved into adjudication over what might otherwise be small concern that could be settled in small claims court. Also, companies favoring adjudication may be more mundane with definite adjudicators, as well as the process in general. Location- with the small print in a contract that can lack buyers to adjudicate their concerns, there can also be language defining exactly where an adjudication will take place. This location can sometimes be very disturbing to the average buyer, as it could even be in another state, raising the cost and requiring time off from work. (FindLaw, 2014)

If I was a Monarch Associate in-house counsel, I would tell them for future reference is to always know what contract you are going to be involved in. meaning research the laws where you are at and where you are going. Also if conflicts do arise make sure in the contract for fine printing at the bottom what the rules and regulations are that the party you are making a deal with has stated. Because in the end you could be very well stuck with all the penalties and or losing the arbitration. When doing a deal with foreign countries, than you might want to try to make the deal in the United States instead of the country. Because once made it cannot and will not be changed.

Reference

Hendrix, G., & Nikiforov, L. (2011, May 26). International Commercial Arbitration Practice in Russian Federation. Retrieved May 10, 2015, from http://www.americanbar.org/content/dam/aba/events/international_law/2012/09/the_4th_annual_conferenceontheresolutionofcis-relatedbusinessdis/programmaterials/2012moscow_recentdecisions_nikiforov.authcheckdam.pdf

Kesikli, O. (2014, April 24). United States: International Arbitration And Arbitrability From The United States Perspective. Retrieved May 10, 2015, from http://www.mondaq.com/unitedstates/x/309172/Arbitration Dispute Resolution/International Arbitration And

Arbitration Pros and Cons - FindLaw. (2014). Retrieved May 10, 2015, from http://adr.findlaw.com/arbitration/arbitration-pros-and-cons.html

Similar Documents

Premium Essay

Application of International Law

...Application of International Law By Dawn M. Engel Argosy University Business Law and Corporate Ethics Dan Adams May 28, 2014 In the United States, Calvin Coolidge signed the Federal Arbitration Act (FAA) into law in 1925, to be effective on January 1, 1926. (Wikipedia, 2014). “International commercial arbitration in Russia is governed by another statute: Law No. 5338-1 . . . It follows the UNCITRAL Model Law almost verbatim.” (Nikiforov, 2013). Both were “enacted to establish validity and enforcement of arbitration agreements”. (James, 2011). An arbitration agreement is then written to solve disputes later on. An arbitration agreement should include what law will govern the arbitration, where and when the arbitration will take place, what language will be used, and how the expenses of arbitration will be shared. (Kubasek, Brennan, & Browne, 2009). From what was written on the assignment, Monarch Associates gave Vladir Unlimited all advantages in the arbitrary agreement. As it was written in the agreement, Vladir Unlimited retained rights to arbitrate disputes in Russia, as well as being responsible for choosing the arbitrators for the panel. Therefore, any disputes, legal or non-legal, should be arbitrated in Russia, as agreed on when writing the arbitrary agreement. There would be a number of things (based on the May 2013 Russia Arbitration Guide) I would advise the Monarch in-house counsel to do the next time they enter a joint venture with Russia. One point......

Words: 1141 - Pages: 5

Premium Essay

Application of International Law

...Traditionally, international law consisted of rules and principles governing the relations and dealings of nations with each other, though recently, the scope of international law has been redefined to include relations between states and individuals, and relations between international organizations. Public international law, concerns itself only with questions of rights between several nations or nations and the citizens or subjects of other nations. In contrast, Private international law deals with controversies between private persons, natural or juridical, arising out of situations having significant relationship to more than one nation. In recent years the line between public and private international law have became increasingly uncertain. Issues of private international law may also implicate issues of public international law, and many matters of private international law have substantial significance for the international community of nations. Contract law is defined as an agreement made between two or more parties who promise to perform or to not perform specified acts, which agreement creates for each party a legal duty and the right to seek a remedy for breach of that duty. It falls under the category of civil law (concerning relations between individuals or companies), although the state courts may intervene to settle dispute between conflicting parties (International Trade). “One key element of international contract law includes the provision that the......

Words: 995 - Pages: 4

Free Essay

Application of International Law

...Application of International Law Donna Turner Argosy University – Online Business Law and Corporate Ethics International law does not have a defined area or governing body. International law is made up with a collection of agreements, treaties, charters, protocols, tribunals, memorandums, and legal aspects of the International Court of Justice also known as the World Court. There are three main legal principles recognized in international law, which are not required, but are based on courtesy and respect: - Principle of Comity – this is when two nations share common public policy ideas, one of them submits to the laws and judicial decrees of the other. - Act of State Doctrine - respects that a nation is sovereign in its own territory and the judicial bodies of another country may not question its official domestic actions. It dissuades courts from deciding cases that would interfere with a country’s foreign policy. - Doctrine of Sovereign Immunity - deals with actions brought in the court of one nation against another foreign nation and prevents the sovereign state from being tried in court without its consent. In the U.S., the Foreign Sovereign Immunities Act (FSIA) of 1976 governs this. There are both national laws and international agreements which govern/regulate international business transactions that can include investments, offshore banking, contracts, imports/exports, tariffs, dumping, trade and more. International law can also be considered as public......

Words: 1576 - Pages: 7

Free Essay

Application of International Law

... (Grand Vally Srtate University , 2013) The Federal Arbitration Act requires that where the parties have agreed to arbitrate, they must do so in lieu of going to court. Once an award is entered by an arbitrator or arbitration panel, must be confirmed in a court of law. Once confirmed the award is then reduced to enforceable judgment, which can be enforced by the winning party in a court of law, like other judgments. The federal Arbitration Act awards have to be conformed within the year. If the losing party wants to object they only have three months to do so. Arbitration agreements can be entered “prospectively” that is in advance of any actual dispute. They may be entered into by disputing parties once one has a risen. Section two of the Federal Arbitration Act states that arbitration provisions will be subject to invalidation only for the same games applicable to contractual provision generally, such as unconscionability or duress. Consequently most state law that disfavors the enforcement of the agreements will be preempted by the FFA. Not all state laws regarding arbitration are preempted. (2014) The Federal Law on International Commercial Arbitration, 1993 (the law) governs international commercial throughout the entire territory of Russia. Manifestly, this has a unification effect and harmonizes legal practice in Russia. (Russian Arbitration Association, 2013) It is largely a...

Words: 1207 - Pages: 5

Free Essay

Application of International Law

...* What laws govern arbitration in the U.S.?  In Russia? Monarch Associates entered into a joint venture with Vladir Unlimited. Before signing this agreement did both parties really understand what a joint venture was going to entail. According to Jane Mallor a joint venture is “a form of business organization identical to a partnership, except that it is engaged in a single project, not carrying on a business” (Mallor, 2013). “When individuals, partnerships, or corporations make a private agreement to finance, produce, and sell goods, securities, or commodities for a limited purpose and/or a limited time, they have formed a joint venture. Joint ventures are a popular way for developing nations to attract foreign capital. (2008, Kubasek). The benefits and risks associated with a joint venture can be both beneficial and/or destructive. Some benefits can be as follows: 1) access to new markets and distribution networks 2) increased capacity, sharing the risks with a partner 3) access to greater resources and technology Some risks associated with joint ventures are: 1) The objectives of the venture are not 100 per cent clear and communicated to all those involved 2) The partners have different objectives for the venture 3) Different cultures and management styles resulting in poor integration and cooperation of the parties involved. These are just a few of the benefits and risks for those who are interested in joint ventures. * In your opinion,...

Words: 1121 - Pages: 5

Free Essay

Customary International Law

...Customary international Law, according to Article 38(1)(b) of the International Court of Justice Statute is defined as “evidence of general practice accepted as law”. A more implicit definition says, “Customary international law develops from the practice of States. To international lawyers, the practice of states' means official governmental conduct reflected in a variety of acts, including official statements at international conferences and in diplomatic exchanges, formal instructions to diplomatic agents, national court decisions, legislative measures or other actions taken by governments to deal with matters of international concern. (Public International Law In a Nutshell: 22-23). In examining customary international law in light of these definitions, this essay will seek not only to answer the questions of whether its method of creation is uncertain, its method of development, mysterious and its application arbitrary. Customary international law is created when a norm or principle embraces a particular set of characteristics. There has been great debate among legal academics as to the uncertainty of this method of creation. However, the implicit characterization of what is considered to be customary international law suggests that there is some measure of certainty pertaining the method of creation. According to Berkeley Law, for a principle or rule to be characterized as customary international law it must comprise of three undeniable characteristics, which include......

Words: 1187 - Pages: 5

Premium Essay

Roles of Comparative Law to Legal Interpretation and Application

...COMPARATIVE LAW 2013 GROUP 6 – CLC35 1/1/2013 Role of Comparative Law to legal interpretation and application Role of Comparative Law to legal interpretation and application Table of Contents I. Definition: legal interpretation and application 2 I.1 Legal Interpretation 2 I.2 Legal Application 3 II. Role of Comparative Law to legal interpretation and application 4 II.1 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 5 II.1.1 The harmonization and unification of law 5 II.1.2 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 6 II.2 Role of Comparative Law to legal interpretation and application of law as the result of the transplants of foreign law 8 II.2.1 An overview of Legal transplant 8 II.2.2 Role of Comparative Law to legal interpretation and application of Law as the result of the transplants of foreign law 13 II.3 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 15 II.3.1 Introduction 15 II.3.2 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 16 III. Questions 17 HCMC UNIVERSITY OF LAW ADVANCED-PROGRAM CLASS COURSE 35 GROUP......

Words: 5216 - Pages: 21

Premium Essay

Business Law

...Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG) Purpose The purpose of the CISG is to provide a modern, uniform and fair regime for contracts for the international sale of goods. Thus, the CISG contributes significantly to introducing certainty in commercial exchanges and decreasing transaction costs. Why is it relevant? The contract of sale is the backbone of international trade in all countries, irrespective of their legal tradition or level of economic development. The CISG is therefore considered one of the core international trade law conventions whose universal adoption is desirable. The CISG is the result of a legislative effort that started at the beginning of the twentieth century. The resulting text provides a careful balance between the interests of the buyer and of the seller. It has also inspired contract law reform at the national level. The adoption of the CISG provides modern, uniform legislation for the international sale of goods that would apply whenever contracts for the sale of goods are concluded between parties with a place of business in Contracting States. In these cases, the CISG would apply directly, avoiding recourse to rules of private international law to determine the law applicable to the contract, adding significantly to the certainty and predictability of international sales contracts. Moreover, the CISG may apply to a contract for international sale of goods when the......

Words: 3000 - Pages: 12

Free Essay

Pct Treaty

...take this opportunity to thank all those who have been a constant support to me while the preparation of this project. I thank my Intellectual Property law instructor Mr. P.K. Pandey, who through his interactive methodology and enthralling class lectures made all our Intellectual Property law concepts clear. I also thank my parents who have been a constant support while the project work was under work. Without the support of the above mentioned this work would never have been completed. CONTENTS * INTRODUCTION * PURPOSE AND OBJECT OF PCT * ADVANTAGES OF PCT * ROLE OF WIPO IN PCT * PROCESS OF PCT * FILING OF INTERNATIONAL PATENT * INTERNATIONAL SEARCH AUTHORITY * SUPPLEMENTARY INTERNATIONAL SEARCH * INTERNATIONAL PRELIMINARY EXAMINATION * DESIGNATED OFFICE * PCT FILING IN INDIA * NATIONAL PHASE IN PCT * TIME LIMIT FOR ENTERING NATIONAL PHASE * ACTS TO BE DONE BEFORE ENTRY INTO NATIONAL PHASE * THE EPC, PCT AND EPO * BIBLIOGRAPHY INTRODUCTION The Patent cooperation Treaty is an agreement for international cooperation in the field of the patents that provides a unified procedure for filing patent applications. It is mainly a treaty for rationalization and cooperation with regard to the PCT filing procedure, searching and examination of patent applications and the dissemination of the technical information contained therein. The PCT has 144 contracting states as of July 26th 2011. The Patent Cooperation...

Words: 6459 - Pages: 26

Premium Essay

Jus Cogens Case Study

...NIRMA UNIVERSITY INSTITUTE OF LAW TERM ASSIGNMENT II ON “JUS COGENS IN CONTEXT OF INTERNATIONAL LAW” IN THE SUBJECT OF PUBLIC INTERNATIONAL LAW SEM. VIII SUBMITTED TO: Mr. NADEEM KHAN ASSISTANT PROFESSOR SUBMITTED BY: DEEPAK TIWARI 11BBL118 SEC. - D JUS COGENS IN CONTEXT OF INTERNATIONAL LAW INTRODUCTION The term “jus cogens” refers to norms that command peremptory authority, overriding conflicting treaties and custom, in international law. The modern international law doctrine of jus cogens asserts the existence of fundamental legal norms from which no derogation is permitted.'1 The status of norms of jus cogens as general international law, Onuf and Birney argue, Is not a logical necessity so much as a compelling psycho-logical...

Words: 2542 - Pages: 11

Premium Essay

International Law

...EXAMPLE 1 International litigation is often difficult to seize because of different procedures used by States and principles laying down procedures. These principles are related to the judicial conceptions that States have adopted. This point will be adressed latter in this introduction. On the other hand, International Convention, in a general or a specific view in relation to civil and commercial matter are enacted by States in order to uniform and harmonize body of rules applicable to international commercial litigation. For example, Lugano convention harmonized rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system...

Words: 8424 - Pages: 34

Premium Essay

International Contracts Between Common Law and Civil Law: Is Non-State Law to Be Preferred? the Difficulty of Interpreting Legal Standards Such as Good Faith

...Article 3 International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith Giuditta Cordero Moss∗ ∗ University of Oslo, g.c.moss@jus.uio.no Recommended Citation Giuditta Cordero Moss (2007) “International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith,” Global Jurist: Vol. 7: Iss. 1 (Advances), Article 3. Available at: http://www.bepress.com/gj/vol7/iss1/art3 Copyright c 2007 The Berkeley Electronic Press. All rights reserved. International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith∗ Giuditta Cordero Moss Abstract Most commercial contracts are nowadays written on the basis of English or American contract models, irrespective of whether the legal relationship that the contracts regulate is governed by a law belonging to a Common Law system or not. These contract models are drafted on the basis of the requirements and structure of the respective Common Law system in which they were originally meant to operate. These models may therefore be in part ineffective or parts thereof may redundant, if the governing law belongs to a Civilian system. To overcome this tension between Common and Civil Law, it is sometimes recommended to subject international......

Words: 18580 - Pages: 75

Free Essay

Critically Discuss to What Extent, If Any, Technological Progress Has Undermined the Ability of the Law of Armed Conflict to Regulate the Conduct of Hostilities. Support Your Answer with Reference to Practical Examples

...Advances in technology and weaponry have revolutionised warfare since time immemorial, where inventions such as the chariot, canon powder and the airplane effectively changed the landscape of warfare.1 The law of armed conflict (LOAC) that exists today has developed as a reaction to the atrocities committed in the past; the four Geneva Conventions and the Additional Protocols of 1977 originated as responses to the increased suffering of civilians in armed conflict due in part to developments of weapon technology.2 The legal instruments to regulate the application of these advances in technology can barely keep up with challenges resulting from the rapidness of the advancement of contemporary military technologies. Moreover, recent technological advances raise the prospect of upheavals in practice so fundamental that they challenge assumptions underlying long-established international laws of war.3 This is because advances in technology have dramatically affected the weapons and tactics of future armed conflict, the “places” where conflicts are fought, the “actors” by whom they are fought, and the “means and methods” by which they are fought.4 These changes stress the fundamental principles of the LOAC, thus undermining its ability to regulate the conduct of hostilities; namely, by posing challenges to the principles of distinction, proportionality, military necessity and unnecessary suffering. This essay aims to assess the impact technology has had upon the......

Words: 3294 - Pages: 14

Premium Essay

Taxation

...Journal of Business Cases and Applications The state of accounting in Egypt: a case Khaled Dahawy The American University in Cairo Nermeen F. Shehata Cairo University Tad Ransopher Georgia State University Abstract Egypt, one of the largest Middle East economies, is beginning its transition to a market economy. As a developing nation, Egypt has witnessed several changes in its accounting system during last two decades. This case provides an analysis of the Egyptian accounting system with emphasis on the development of the Egyptian Accounting Standards. In addition, this case makes recommendations for the reformation of the Egyptian accounting system. Keywords: Egypt, International accounting standards, Egyptian accounting standards, Egyptian accounting system, Privatization, Culture The state of accounting, Page 1 Journal of Business Cases and Applications 1. INTRODUCTION The purpose of this case is twofold. The first goal is to present an analysis of the development of the Egyptian accounting system. The second goal is to provide several recommendations to facilitate the Egyptian accounting reformation. Once accounting reformation occurs, Egyptian companies can prepare financial reports that will be of greater benefit than those at present. To Egyptian companies the result will be an increase in foreign investment and funds raised from external sources. With these goals as the objective, Egyptians need to comprehend successful accounting......

Words: 5622 - Pages: 23

Premium Essay

Cyber Forensics

...International Journal on New Computer Architectures and Their Applications (IJNCAA) 2(1): 127-137 The Society of Digital Information and Wireless Communications, 2012 (ISSN: 2220-9085) Cyber Forensics: Computer Security and Incident Response Virginiah Sekgwathe1, Mohammad Talib2 1 Directorate on Corruption and Economic Crime, Gaborone, BOTSWANA veesek@gmail.com 2 Department of Computer Science, University of Botswana, BOTSWANA talib@mopipi.ub.bw ABSTRACT The intensification of Information and Communications Technology usage in all facets of life exceedingly amplify the incidents of information security policy breaches, cyber crimes, fraud, commercial crimes, cyber laundering etc, hence require a well developed approach to tackle these incidents in order to realize legally defensible digital evidence. Since electronic evidence is fragile and can easily be modified, finding this data, collecting, preserving, and presenting it properly in a court of law is the real challenge. There is a need for use of semantic analysis to discover underlying security policy requirements and internal power structures and institutionalization of anti cyber attack, antimoney-laundering and regulatory schemes. The first responders to cyber security incidents often than always are an organization ICT personnel who are technically sound though may be deficient in investigative skill. The scientific standards of cyber forensics dictates the procedure as it......

Words: 5129 - Pages: 21