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Appointment
of Arbitrators under the Arbitration and Conciliation Act,
1996: Some Problems and Solutions
--
V Nageswara Rao
This
article attempts to identify some problems of interpretation
of the 1996 Act regarding the appointment of arbitrators by
the parties and focuses attention on the inequity of thrusting
in-house arbitrators by government and government corporations
on individuals and contractors who are left with little choice
but to sign on the dotted line in a "take it or leave
it" situation. The article draws support from the IBA
Guidelines on the independence and impartiality of arbitrators.
©
2005 IUP. All Rights Reserved.
Investment
Arbitration under the Energy Charter Treaty: An Overview of
Key Issues
-- Thomas W Wälde
An
analysis of Energy Charter Treaty (ECT) relating to investment
disputes in energy sector is the theme of the article. These
disputes should not be viewed as disputes between big, bad
multinational corporations on the one hand, and poor Third
World countries on the other. The disputes are mostly between
small investors and government establishments. To provide
a level-playing ground, these small investors need legal safeguards
in settlement procedures.
©
2004 Transnational Dispute Management (TDM) (www.transnational-dispute-management.com).
Reprinted with permission.
Know
Thyself as You Know Thy Enemy: Setting Goals and Keeping Focus
when Mediating Ip Disputes
-- Michael
H King, P C and Peter N Witty
The
enactment of Uniform Mediation Act (UMA) in the USA has considerably
strengthened the mediation privilege more than ever before.
Extension of this privilege to patent disputes may have a
definite advantage. But the usefulness of mediation in patent
disputes may be limited in cases where one party wants to
totally bar the other party from using an invention. However,
mediation need not always result in the actual settlement
of disputes. It can also help clarify the issues.
©
2004 by the University of Akron. Originally published as:
Michael H King and Peter N Witty, Know Thyself as
You Know Thy Enemy: Setting Goals and Keeping Focus When Mediating
IP Disputes, 37 Akron L. Rev. 329 (2004). Reprinted with
permission.
Online Negotiation Services: Benefits
and Challenges of Users and Service Providers
-- Ofir
Turel and Yufei Yuan
The
functional and logistic deficiencies in on-line ADR and how
the ODR has not at all become mainstream mechanism is the
theme of the article. The article proposes a viable business-model
framework for e-negotiation services and focuses attention
on potential benefits that may accrue in terms of time-management
and sustaining flexible and durable relationships. The value
proposition of B2B and B2C e-negotiation services and the
challenges associated with implementing and adopting online
negotiations are also analyzed.
©
2005 Ofir Turel and Yufei Yuan. All Rights Reserved.
Book
Review
An
Introduction to Legal Language and Legal Writing
-- Vepa Sarathi and P Varalaxmi
©
2005 Gogia Book Company. All Rights Reserved. The IUP holds the copyright for the review. |
