A presente dissertação pretende estudar a questão da admissibilidade das figuras de legítima defesa preventiva e preemptiva no quadro da ONU. As referidas figuras não se encontram previstas na CNU mas, por vezes, têm sido utilizadas pelos Estados, causando controvérsias sobre a …
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Arbitration is now generally accepted as a principle method of solving disputes in commercial transactions. It is no longer a product to be advertised in seminars or symposiums related to international trade, rather it is a must in international business transactions. Because we…
This thesis will examine whether Saudi Arabia's adoption of New York Convention 1958 will improve the recognition and enforcement of international arbitral award in the country, and consequently provide a better investment environment for non-Saudi investors. The examination wil…
This practice research study explores the law as a medium of art and performance-making in order to gain insights into how aesthetics is part of, or characterises aspects of, law. The research was conducted through creating a series of performative artworks culminating in two ma…
Merger and acquisition (M&A) transactions have increased dramatically both in number and volume around the world in the last decades. Further to these increases, disputes regarding M&A transactions are often referred to arbitration as a consensual and private mechanism which is …
Study One: Special Educational Needs and Disability Tribunals (SENDIST) provide independent adjudication of parental appeals against Local Authority (LA) decisions. The Parent Partnership Service (PPS) and Disagreement Resolution Services (DRS) are both arranged to reduce disagr…
The seat of arbitration is undoubtedly important because of its supervision over the arbitration tribunal and the power to set aside the award. Most jurisdictions admit the territorial theory of international arbitration by adopting UNCITRAL Model Law. The delocalized theory of …
Conscious of the limitations of the petroleum-based economy in Bahrain, the Bahraini government aims to improve other industries, such as finance. Therefore, the aim of this thesis is to study the current status of banking confidentiality in Bahrain, and to discover the possibil…
Concept of arbitration has been prevalent, historically, in the Middle East since the early days of Islam. The arbitral process has been problematic in the UAE however, it has not been until recently that the UAE has recognized the importance of arbitration as a powerful dispute…
This dissertation aims to examine The Iran-U.S. Claims Tribunal, the largest mechanism in the history of international arbitration, located in The Hague. The central thesis considered is the unique nature of the Tribunal as embodying elements of both conflict and cooperation at …
This thesis is an extensive analysis of commercial arbitration within Islamic Jurisprudence, clarifying its rules starting with the fundamentals of its origins which are based on the Quran, Sunna, Consensus and Analogy. The opinions of scholars from various schools of Islamic Ju…
21 years into the 21st Century, we have witnessed everything from booming global economies to apocalyptic pandemics that can threaten to wipe out the entire world. Everything changed albeit one thing – disputes. For as long as there are humans, there will be disputes. In order t…