Showing posts from January, 2019

“A court’s only role in an international arbitration is to facilitate the process. It has no business intervening into a private process unless both parties have agreed that it can do so.” Critically discuss.

Court involvement in an international arbitration is a fact of commercial life. In England and Wales such intervention should always be confined to the extent specified in Part I of the Arbitration Act 1996. In particular, sections 42-45 provide examples of the court’s power to interfere with the process. Even though a court might be allowed to intervene, it can only do so to the degree and under the conditions prescribed therein. Moreover, the parties can agree to exclude the power of the court under these provisions altogether, with the exception of section 43 which enables the court to require the attendance of a witness in order to give oral testimony or to produce documents or other material evidence. These provisions are intended to supply the court with tools to facilitate the alternative dispute resolution mechanism selected by the parties. Nonetheless, a party to arbitration may challenge the award issued by the tribunal in a court of law in accordance with

What is a comparative analysis and what is the difference between the shareholder value theory and the stakeholder theory?

Comparative law means that you look not just at the different laws of the country to see why they are different but also that you look at the characteristics of the countries and see how they are different. So, if you have a different economy or different social attitudes in the country towards something like corporations this could have an impact on the way in which a law or rule that works well in one country does not work as well in another country. Otto-Kahn Freund makes this point and argues that you must therefore consider not only the differences in law but also differences in culture, economy and political attitudes. In my dissertation I conduct a comparative analysis between Iran and the UK in which I too consider such differences between the countries. Important factors here include things like the size of the companies and the economic makeup of both the companies and the directors. Furthermore, as far as the two primary corporate governance theories are concerned, t