COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes最新文献

Investment Arbitration Reform: Third-Party Funding in Investment Arbitration 投资仲裁改革:投资仲裁中的第三方资助

COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes Pub Date : 1900-01-01 DOI: 10.5817/cz.muni.p280-0231-2022-8

T. Ševčíková

引用次数: 0

Resolving Cross-Border Consumer Disputes: The Digital Experience in China 解决跨境消费者纠纷:中国的数字体验

COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes Pub Date : 1900-01-01 DOI: 10.5817/cz.muni.p280-0231-2022-14

Chan Monica

{"title":"Resolving Cross-Border Consumer Disputes: The Digital Experience in China","authors":"Chan Monica","doi":"10.5817/cz.muni.p280-0231-2022-14","DOIUrl":"https://doi.org/10.5817/cz.muni.p280-0231-2022-14","url":null,"abstract":"The surge of e-commerce has significantly changed the landscape of consumers’ purchasing behaviour in the past twenty years or so around the world. Together with the integration of sophisticated technological infrastructures, e.g., digital platforms for online shopping, has indeed accelerated the emergence of cross-border disputes by the fast-growing number of online transactions. Online consumption is particularly prevalent in China as its development of e-commerce has skyrocketed in the past decades across industries, and lately driven by the outbreak of the COVID-19. According to the latest statistics provided by the China Internet Network Information Center (CNNIC), the user size of online shopping alone accounts for 842 million (as of December 2021). Quantitatively, with the sharp increase in the online transactions being concluded, it is anticipated that the number of disputes related to cross-border consumer transactions may also rise in one way or another. As far as the dispute resolution mechanisms are concerned, some argued that potential lockdown or the imposition of travel restrictions may disrupt the effectiveness of filing a case against a party; whereas others may be reluctant to file a lawsuit with the court due to the tedious legal procedures that one may think it would take when a case involves cross-border disputes, which is normally complex in nature.","PeriodicalId":238918,"journal":{"name":"COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127337709","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Dichotomy of Obligations of Conduct and Result in International Investment Law 国际投资法中行为义务与结果的二分法

COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes Pub Date : 1900-01-01 DOI: 10.5817/cz.muni.p280-0231-2022-7

Zdeněk Nový

{"title":"The Dichotomy of Obligations of Conduct and Result in International Investment Law","authors":"Zdeněk Nový","doi":"10.5817/cz.muni.p280-0231-2022-7","DOIUrl":"https://doi.org/10.5817/cz.muni.p280-0231-2022-7","url":null,"abstract":"The content of an international obligation must be ascertained before the investment tribunals have decided that the international obligation was breached. Whilst some obligations in investment treaties require a result to be attained by states or investors, others demand they undertake their best efforts. The dichotomy of obligations of conduct and result is a useful tool in analysing the content of international obligations derived from standards of treatment contained in investment treaties, thereby assisting in determining international responsibility. Firstly, the standard of full protection and security is analysed through the lenses of the dichotomy. Secondly, the procedural obligations stemming from dispute resolution provisions are examined, including the obligation to submit to arbitration, the obligation to comply with arbitral awards, and the obligation to recognise and enforce the latter. Thirdly, the dichotomy serves to enhance the understanding of investors’ obligations to respect human rights under investment treaties. The dichotomy may thus assist in establishing the content of the human rights’ obligation in question, and thus the investor’s responsibility for its breach.","PeriodicalId":238918,"journal":{"name":"COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132323279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Singapore Convention: A Giant Leap for Mediation or Just Too Good to Be True 《新加坡公约》:调解的巨大飞跃还是好得令人难以置信

COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes Pub Date : 1900-01-01 DOI: 10.5817/cz.muni.p280-0231-2022-3

Hana Kršňáková

引用次数: 0

Contract Adjustment in Arbitration – Should the Approach Be Adjusted? 仲裁中的合同调整——方法是否应该调整?

COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes Pub Date : 1900-01-01 DOI: 10.5817/cz.muni.p280-0231-2022-10

Bára Bečvářová

引用次数: 0

Law Applicable to Non-Consumer Contracts Concluded at an Electronic Auction 电子拍卖中订立的非消费者合同的适用法律

COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes Pub Date : 1900-01-01 DOI: 10.5817/cz.muni.p280-0231-2022-15

Krzysztof Żok

引用次数: 0

Bridging the Public-Private Law Divide in the Conflict of Laws 弥合法律冲突中的公法-私法鸿沟

COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes Pub Date : 1900-01-01 DOI: 10.5817/cz.muni.p280-0231-2022-1

Adrian Hemler

引用次数: 0

Between Protection and Access to Justice: On the Regulation of Returns in Third-Party Litigation Funding 在保护与诉诸司法之间:论第三方诉讼资金返还的规制

COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes Pub Date : 1900-01-01 DOI: 10.5817/cz.muni.p280-0231-2022-9

Patrik Provazník

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Did the Preliminary Objections Judgment Resolve the Chagos Archipelago Sovereignty Dispute? 初步异议判决解决了查戈斯群岛主权争端吗?

COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes Pub Date : 1900-01-01 DOI: 10.5817/cz.muni.p280-0231-2022-5

Peng-Hsiang Wang

{"title":"Did the Preliminary Objections Judgment Resolve the Chagos Archipelago Sovereignty Dispute?","authors":"Peng-Hsiang Wang","doi":"10.5817/cz.muni.p280-0231-2022-5","DOIUrl":"https://doi.org/10.5817/cz.muni.p280-0231-2022-5","url":null,"abstract":"Noticing the conclusion of the Preliminary Objections Judgment in the case of Mauritius vs. Maldives Maritime Delimitation, this paper asks whether the Special Chamber’s decision has resolved the sovereignty dispute over the Chagos Archipelago. It re-examines the conclusion that the continued claim of the United Kingdom to sovereignty over the Chagos Archipelago is a mere assertion and the UK has no legal interest in it. This paper argues that the legal system has a self-reproducing nature by which the Special Chamber regenerates decisions already established in the legal system as the distinction between lawful and unlawful is the most fundamental determination of this system. In this sense, the confirmation of the Advisory Opinion of the International Court of Justice by the Special Chamber should be regarded as a consequence of its subjectivity and the fact that it almost distinguishes the legal system from other systems outside the law. From a perspective outside the legal system, the claim of courts that its role of “dispute settlement” is more like “case settlement”, since courts are resolving disputes after legalization, not the disputes themselves. The de facto settlement of disputes should be based on the elimination of the interests or claims of the disputing parties. In this sense, dispute settlement depends on how the legal and political systems work together in a coupling relationship.","PeriodicalId":238918,"journal":{"name":"COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128090521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Current Challenges of Enforcing Annulled Arbitral Awards 执行被撤销仲裁裁决的当前挑战

COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes Pub Date : 1900-01-01 DOI: 10.5817/cz.muni.p280-0231-2022-11

Lenka Psárska

引用次数: 0