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Should Australia and Singapore have the civil penalties and/or other regulatory sanctions for failures to meet consumer guarantees and for the use of unfair contract terms in consumer contracts? Reflective essay.

Recent data on failures to meet consumer guarantees and the use of UCT in consumer contracts in Australia suggest that the system does not work efficiently. Since this may also be a problem in Singapore I assess in this essay whether Australia and Singapore should change the law and adopt…

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Emergency Arbitral Proceedings as a New Global Standard in Arbitration Rules: Is There Still a Need to Mantain the Concurrent Jurisdiction of Arbitral Tribunals and Courts for Interim Measures? – ARIA – VOL. 33, No. 3.

Parties to a commercial contract choose arbitration to exclude courts’ jurisdiction over a potential dispute. Yet, despite the arbitration agreement, the courts' jurisdiction is preserved in terms of interim measures. Depending on which forum it perceives to be more beneficial, a party may apply to courts of law or arbitral…

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US – Origin Marking (Hong Kong, China) – case note

The panel report in US – Marking Requirement (Hong Kong, China) is the next report, which concerns two highly controversial issues regarding the defence based on Article XXI (b)(iii) of the GATT 1994, being its self-judging nature and the designates of the phrase "emergency in international relations".

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An appropriate Forum to Seek Interim Measures in International Commercial Arbitration – the problem of overlapping jurisdiction and powers of arbitral tribunals and courts.

When a dispute arises, parties to an arbitration agreement may seek interim measures. The question is where to seek them since the powers to grant interim measures in most countries are divided between arbitral tribunals and courts.

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The “reasonable doubts to the impartiality” as a ground for disqualification of a judge from hearing the case. A perspective of the “outside observer”.

Empirical research conducted in Great Britain and Australia undermines the legitimacy of the "outside observer" concept, which is also used in Polish jurisprudence to determine judges; impartiality. In this short basic article, Tomasz Sowa outlines a simplified empirical study to see how the concept operates in Poland.

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Publikacje

Should Australia and Singapore have the civil penalties and/or other regulatory sanctions for failures to meet consumer guarantees and for the use of unfair contract terms in consumer contracts? Reflective essay.

Emergency Arbitral Proceedings as a New Global Standard in Arbitration Rules: Is There Still a Need to Mantain the Concurrent Jurisdiction of Arbitral Tribunals and Courts for Interim Measures? – ARIA – VOL. 33, No. 3.

US – Origin Marking (Hong Kong, China) – case note

An appropriate Forum to Seek Interim Measures in International Commercial Arbitration – the problem of overlapping jurisdiction and powers of arbitral tribunals and courts.

The “reasonable doubts to the impartiality” as a ground for disqualification of a judge from hearing the case. A perspective of the “outside observer”.

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