Tribunals

These natures of employees and employers will constantly disturb the Australian labour markets causing it to be ever unresting. There are three major organisations in the labour market: trade unions, employer associations and industrial tribunal. A trade union is an association of workers that aims to advance the interests of its members by improving their wages and working conditions. There are many types of trade unions in Australia including occupational unions; industry based unions;

If child soldiers should not be held accountable for their actions, then neither should adults. Which, could be a reason why society continues, time and time again, to charge children as adults in times of war. So that they can punish both parties without looking like the bad guy. Is that just, to punish children for fighting in a war? These children have already gone through very, very hard times. Most of their parents have died, and then they were threatened to either join the war efforts or die

The court system in England and Wales originated during the Anglo - Saxon period. Back then local men gathered in Moot Courts, deciding on issues in line with local customs. Piece by piece the system became more sophisticated, which can be seen clearly after a brief overview on its evolution and evaluation of the advantages and disadvantages. After the Norman Conquest, certain cases were brought before the King (Coram Rege in Latin), later the King started to delegate the power to administer Royal

. The Tribunal lacks jurisdiction to over the claims submitted by CAM. In the present case, the real claimant is Contifica Spirits S.p.A. rather than the CAM. In other words, Contifica Spirits S.p.A is not an eligible claimant under the Treaty. Its corporate veil must be pierced since it misused corporate formalities to gain access to this arbitration. Without the incorporate, Contifica Spirits could not bring a claim to arbitration. From the basic facts of the case, the FBI was sold to Contifica

Moreover, the breach must not “seriously impair an essential interest of the State towards which the obligations exists”. In LG&E, the tribunal determined that “economic, financial or those interests related to the protection of the State against any danger seriously compromising its internal or external situation, are also considered essential interests.” The tribunal in Enron, on the other hand, acknowledged the severity of the crisis but held that it had not compromised the existence of the State

It is a case decided by the Madras High Court in 2014. It dealt with the issue of differentiating between Business Income and Capital Gains with respect to share dealings. The Assessment year of the present case is 2005-06. Facts: a. The assessee was a trader in shares. The assessee was trading in two segments in stock exchange, viz., cash segment and Future and Options (F&O) segment. Admittedly, the assessee had two different portfolios one as investment and another as stock-in-trade. While profits

in the High Court of Zambia by the Government and the lands tribunal was ruled to be operating outside its jurisdiction. The tribunals are usually composed of members who are non lawyers except maybe of the Chairman and the membership is not full time. The procedure adopted is simpler and more flexible than the courts of law as the onus is primarily on the parties to adduce evidence and argument to the tribunal. The drawback on tribunals is that they usually deal with specific issues as defined in

Given these difficulties, it is understandable why previous tribunals in have been reluctant to analyse the relationship between the human rights to water and investment law as a normative conflict, and have instead insisted that the obligations under each norm were not mutually exclusive. However, it is possible for a human rights norm to prevail, as shown by the tribunals in SPP and Chemtura. The respondent government in water grab case should argue BITs should not be interpreted so that a government

BIT’s provide for a consultation or amicable negotiation period before disputes are submitted to arbitration. In most of the cases, time period is short enough that the investor need not be overly concerned about the effect of such provisions. A tribunal may be faced with the question of whether the claimant’s behaviour since satisfies the amicable settlement provision of the submission to arbitration. 2. LOCAL REMEDIES Under customary international law, the home state of a foreign investor cannot

arbitrators are bound by the confidentiality of judicial deliberations. Court assistance in taking evidence The arbitral tribunal cannot compel witnesses to give evidence but it can request the assistance of the state courts. The court can compel witnesses that fall under the jurisdiction of that court to appear and provide testimony. In practice the parties and the arbitral tribunal will be present at such a hearing before the state court and will usually be granted the opportunity to ask