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Article
Publication date: 18 October 2019

Rao Qasim Idrees, Rohimi Shapiee and Haniff Ahamat

The phenomena of arbitral forum shopping to resolve a commercial investment dispute is still under development and more complicated in many states. However, for Pakistan, it seems…

Abstract

Purpose

The phenomena of arbitral forum shopping to resolve a commercial investment dispute is still under development and more complicated in many states. However, for Pakistan, it seems in an evolutionary phase, where the country is struggling hard to adopt the best practice of dispute resolution through forum shopping clauses. This struggle is even more inflated with huge Chinese investment through China Pakistan economic corridor (CPEC) projects in Pakistan, which come alongside with commercial investment disputes. For this purpose, the current treaty or contract-based system between China and Pakistan and litigation based domestic civil court structure look obsolete, hence, appear to require reinstatement of forum shopping clauses under concerned treaties or contracts for CPEC investment-related issues.

Design/methodology/approach

The authors choose a legal research method. The research design is a comparative analysis between CPEC contracts and dispute resolution mechanism between China and Pakistan and also the domestic civil court’s litigation system. This analysis selected by the authors due to inefficient bilateral investment arrangements and efficient resolution of future commercial disputes in CPEC. While the international arbitration system is included in the assessment were particular in the time and space context. The comparison comprises on dispute resolution clauses in free trade agreement (FTA) and bilateral investment treaties (BIT) between China and Pakistan and the system of resolving disputes by CPEC clauses.

Findings

The authors finds that in the absence of CPEC forum shopping clause under dispute resolution system, Pakistan is highly at risk to lose foreign investors, and therefore, set back the goal of long term economic sustainability in the region. However, China has already made its investment policies safer with establishing three international commercial courts (also referred to as Belt and Road courts), one in Xi’an for the land-based Silk Road Economic Belt, one in Shenzhen for the Maritime Silk Road and one in Beijing that will serve as the headquarters. These courts will be offering litigation, arbitration and mediation services. According to one view, China aims to have all belt and road initiative (BRI) disputes resolved by these courts. This makes Pakistan position more awkward and needs proactive measures, as CPEC investment is based on Pakistan foreign direct investment policies and legal structure. Therefore, it will be complicated and less favourable for Pakistan to deal with such cases under Chinese Courts.

Originality/value

The paper’s primary contribution is finding that comprehensive analysis of alternative dispute resolution mechanism between China and Pakistan over CPEC investment is inevitable. A socio-legal research combine with an examination of Singapore International Commercial Court functions and mechanism and CPEC plans further contributes to ascertain the best model of the settlement of commercial disputes under investments in Pakistan. This research paper anticipates future economic and legal problems, which Pakistan may encounter.

Details

Journal of International Trade Law and Policy, vol. 18 no. 3
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 1 May 1981

Stephen Wood

Covent Garden and Les Halles have three things in common: In the sixties they were both dominated by busy wholesale markets, by the seventies the produce markets had moved out…

Abstract

Covent Garden and Les Halles have three things in common: In the sixties they were both dominated by busy wholesale markets, by the seventies the produce markets had moved out, and by 1980 both sites had been transformed, but in very different ways. Stephen Wood compares the development of these two exciting ventures in a paper presented to the PTRC Summer Annual Meeting at Warwick.

Details

Retail and Distribution Management, vol. 9 no. 5
Type: Research Article
ISSN: 0307-2363

Case study
Publication date: 30 January 2024

Anyu Wang and Nuoya Chen

This case is about “Red”, a cross-border e-commerce platform developed from a community which was built to share overseas shopping experience. With sharp insights into the…

Abstract

This case is about “Red”, a cross-border e-commerce platform developed from a community which was built to share overseas shopping experience. With sharp insights into the consumption behavior of urban white-collar women and riding on its community e-commerce advantage, “Red”, a cross-border e-commerce startup, pulled in three rounds of financing within just 16 months regardless of increasingly competitive market. On the other hand, well-established platforms such as T-mall International and Joybuy also stepped in, and their involvement will also speed up the industry integration and usher in a reshuffling period. Confronted with the “price war” started by those e-commerce giants, in what ways can “Red” adjust its shopping experience and after-sales services to enhance the brand value and sharpen its edge?

Details

FUDAN, vol. no.
Type: Case Study
ISSN: 2632-7635

Article
Publication date: 10 May 2011

Ardeshir Atai

The purpose of this paper is to examine the remedies available under Iranian investment treaties for settlement of investment disputes. This includes the obligation of the Iranian…

Abstract

Purpose

The purpose of this paper is to examine the remedies available under Iranian investment treaties for settlement of investment disputes. This includes the obligation of the Iranian Government to provide foreign investors access to international arbitration. The sensitivity of the controversial Iranian nuclear program and the imposition of economic and financial sanctions on Iran will lead to the termination of many contracts between companies from Europe and the West and Iran, therefore, a viable solution must exist to address the rights and remedies of foreign investors. This article aims to provide an insight into Iranian treaties.

Design/methodology/approach

The main method was a survey of different treaties signed by Iran.

Findings

The discussion revealed that there are currently more than 50 treaties signed and ratified by Iran which provide arbitration as a dispute resolution forum. There are many treaties between the member countries of the European Union which make it important for the research. Iranian treaties guarantee international law remedies to foreign companies with investment in Iran by allowing them to seek redress in an international forum.

Practical implications

Iran has not signed the ICS1D Convention, meaning that the arbitration proceedings will be subject to ad hoc arbitration rules of UNCITRAL. Furthermore, ICSID rules on enforcement of the award do not apply. Therefore, the winning party must go through the Iranian courts to enforce its awards.

Originality/value

The value of the paper is to government organization, international institutions and multinational companies with substantial economic interest in Iranian energy and natural resources. For the first time, the topic has been covered in a research paper. There are no articles in Iranian bilateral investment treaties (BITs) addressing dispute resolution through arbitration. This is the first piece of work that actually conducted a thorough analysis of Iranian BITs.

Details

Journal of Money Laundering Control, vol. 14 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Case study
Publication date: 1 December 2006

Fran Piezzo, Barry Armandi and Herbert Sherman

An employee&s husband made violent threats to the store manager of a Las Vegas shop specializing in skin care, makeup, fragrance, and hair care products of an international…

Abstract

An employee&s husband made violent threats to the store manager of a Las Vegas shop specializing in skin care, makeup, fragrance, and hair care products of an international company. The manager wanted the employee terminated. The employee confessed that her husband also threatened her. The employee's personnel file contained no performance problems, but the store manager admitted that she had kept a separate file with such documentation. The Executive Director and the Director of Human Resource Management wondered what they should do.

Details

The CASE Journal, vol. 3 no. 1
Type: Case Study
ISSN: 1544-9106

Abstract

Details

Cryptomarkets: A Research Companion
Type: Book
ISBN: 978-1-83867-030-6

Article
Publication date: 26 October 2018

Ndubuisi Nwafor, Collins Ajibo and Chidi Lloyd

The aims and objectives of the United Nations Convention on Contracts for the International Sale of Goods (CISG) have been defeated by the intrusion of domestic laws of different…

Abstract

Purpose

The aims and objectives of the United Nations Convention on Contracts for the International Sale of Goods (CISG) have been defeated by the intrusion of domestic laws of different contracting states in the interpretation of the provisions of this Convention. One of the most abused channels of this un-uniform interpretation is through art 4 of the CISG, which excludes the matters of validity and property from the Convention’s jurisdiction. This paper, therefore, aims to critically analyze the dangers of unsystematic reliance on the domestic laws in the interpretation of art 4 of the CISG on matters involving transnational validity and property.

Design/methodology/approach

The paper will use doctrinal methodology with critical and analytical approaches. The paper will incisively study the doctrines, theories and principles of law associated with validity of commercial contracts and the implications of exclusion of the doctrine of “validity” under the CISG.

Findings

The findings and contribution to knowledge will be by way of canvassing for a uniform transnational validity doctrine that will streamline and position the CISG to serve as a uniform international commercial convention.

Originality/value

This paper adopted a conceptual approach. Even though the paper ventilated the views of many writers on the issue of application of the doctrine of validity under the CISG, the paper, however, carved its own niche by making original recommendations on how to create a uniform validity jurisprudence under the CISG.

Details

Journal of International Trade Law and Policy, vol. 17 no. 3
Type: Research Article
ISSN: 1477-0024

Keywords

Book part
Publication date: 5 December 2007

Sally Engle Merry

This essay will consider three theories developed by international law scholars to analyze the international legal terrain and the strengths of each as well as issues it fails to…

Abstract

This essay will consider three theories developed by international law scholars to analyze the international legal terrain and the strengths of each as well as issues it fails to address sufficiently in the dimensions of power, meaning, and social relationships: bottom-up lawmaking; transnational legal processes; and global legal pluralism. The idea of bottom-up lawmaking, already discussed, has the strength of beginning from the everyday practices by which problems are solved that lead eventually to the creation of a body of law. However, the phrase bottom-up suggests that this is a grassroots movement, while it is typically cosmopolitan elites who generate the informal rules that become established over time. Explicit attention to the power relationships underlying this process would help to clarify what “bottom-up” means. As Judith Resnick points out, the terms “soft law” and “hard law” are themselves problematic, incorporating gender ideologies and suggesting that some international laws are enforced firmly, which is rarely the case in practice (personal communication).

Details

Special Issue Law and Society Reconsidered
Type: Book
ISBN: 978-0-7623-1460-7

Article
Publication date: 30 October 2020

Julian Strizek, Alexandra Karden and João Matias

The purpose of this paper is to assess the relevance of cryptomarkets, characteristics of purchasers and possibilities for survey research by approaching users directly on…

Abstract

Purpose

The purpose of this paper is to assess the relevance of cryptomarkets, characteristics of purchasers and possibilities for survey research by approaching users directly on cryptomarkets.

Design/methodology/approach

Cross-country comparison of the results from the European Web Survey on Drugs (EWSD) and summarizing lessons learned during the data collection was carried out.

Findings

Purchasers of drugs on cryptomarkets are still a rather small segment of all drug purchasers, and most people who use cryptomarkets also use other sources of supply to buy drugs. The percentage of people using cryptomarkets is unevenly distributed across countries and substances. Purchasers on cryptomarkets in most countries are more likely to be men and more likely, on average, to use more substances. Other characteristics such as age or place of residence do not show a consistent pattern across countries. Recruitment of respondents on cryptomarkets calls for specific techniques and procedures. Specific attention should be paid to build trust and guarantee credibility and anonymity.

Research limitations/implications

Interpretation of the quantitative results is limited by nonprobabilistic sampling and different recruitment strategies in different countries.

Practical implications

Users of cryptomarkets show some specific characteristics, providing a challenge for research and prevention agencies to keep up with digital technology. Increasing knowledge about characteristics of users of cryptomarkets may help to create adequate responses for harm reduction measures in different supply settings. However, collecting self-reported data from users on cryptomarkets is limited owing to significant privacy concerns and requires specific skills and strategies.

Originality/value

The EWSD provides a rare opportunity for detailed analyses of consumption patterns and characteristics of active drug users across several European countries. Furthermore, experiences of a new recruitment strategy are discussed.

Article
Publication date: 10 April 2017

Aradhana Vikas Gandhi, Ateeque Shaikh and Pratima Amol Sheorey

The purpose of this paper is to investigate the adoption and implementation of supply chain management practices (SCMPs) on supply chain performance (SCP) and firm performance…

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Abstract

Purpose

The purpose of this paper is to investigate the adoption and implementation of supply chain management practices (SCMPs) on supply chain performance (SCP) and firm performance (FP) in the organized retail industry in a developing country like India.

Design/methodology/approach

An empirical study was conducted on a sample size of 125 responses collected from the supply chain heads of organized retail firms in India. A theoretical model was developed depicting the relationship between SCMPs, SCP and FP. The theoretical model was tested using mediating multiple regression analysis.

Findings

This research suggests that the SCMPs are positively related to SCP and FP. Customer relationship management and supplier relationship management are reported as the most important SCMPs, which had the maximum impact on the FP in the organized retailing context in India.

Research limitations/implications

The research employed perceptual performance measures. Future studies can use actual performance parameters like profit and sales growth to better quantify the benefits of SCM in this context.

Originality/value

This research is an attempt to empirically test the impact of SCMPs on FP in organized retailing context in an emerging market, India.

Details

International Journal of Retail & Distribution Management, vol. 45 no. 4
Type: Research Article
ISSN: 0959-0552

Keywords

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