While the list is not absolute and the jurisprudence of the CJEU is not consistent, it is clear that parties to a dispute are under no legal obligation to settle it through arbitration.
Dr Krzysztof Boroch Assessment 2: Work must be typed: Arial or Tahoma format Font size: You must reference sources used in the body of your answer. Full bibliography at the end of the written work Cases cited: In the body of the written work in bold short case reference e.
Eco Swiss List of Cases with bibliography full case reference e. You may use a short form of the title after the first citation e. Sections of Sections of a statute may be quoted as follows: If markers suspect the limit has been exceeded without accurate disclosure they will conduct a rough estimate of words per line, lines per page and the number of pages, and give students the benefit of the doubt if they can.
The written work submitted should be clear and coherent, correct in spelling and grammar, proficient in flow, and demonstrate professional academic standards of presentation and style. Use of the first or second person will be severely penalised.
Page 2 of 5 Tradex Ltd Tradex Ltd is an international company, designing, manufacturing and distributing the new generation of fridge freezers for commercial and domestic users all over the world. Tradex Ltd employs workers who are directly involved in the production of the new generation of BARIDI fridge freezer which is designed to be used in all conditions.
In recent months, it has been brought to the attention of the management of the company that the GS gas which is used in manufacturing of the BARIDI fridge freezer is highly toxic and has caused respiratory problems for many employees on the assembly line. Tradex Ltd did not supply their employees with any information concerning the hazards of this gas.
The management of Tradex Ltd are convinced that there is no legal requirement under the UK law to provide their workers with the detailed information on this particular type of gas or issue them with the protective equipment.
It seems that there is a directive adopted by the Council of the European Union that required Member States to take measures before 1st December to ensure that employers provide workers who handle specific hazardous substances with sufficient information to enable them or their representatives to decide if they wish to work with these substances at all.
GS gas is one of the substances mentioned in the directive. The UK government has not taken any steps to implement the directive. During the last four months the BARIDI fridge freezer capacity litres has been selling extremely well in France, Spain and Latvia as all other available fridge freezers did not exceed litres and did not have the unique fast freeze function.
However, two weeks ago, the French government imposed a ban on the sale of fridge freezers which used GS gas with the capacity exceeding litres. The safety checks resulted in many boxes being opened. Payment was also required for the inspection. The French government also increased the tax for all cooling and refrigerating equipment above litres.
The increase in the tax does not affect French manufactures as their fridge freezers do not exceed litres.
Anna Smith is a German citizen, who having worked in the UK for a number of years, has now decided to live there permanently.
She is a fully qualified cooling equipment designer and applied for jobs in London area where she wishes to move. She is very fluent in English both spoken and written and has the relevant work experience to apply for most of the jobs in her area of expertise.
At the interview with Tradex ltd, the interviewing panel seemed very surprised to see her and Anna got the impression that the panel expected an English woman to apply. Furthermore, it appears that they were not prepared to offer the position to anyone who is not English.
Anna lives in Germany with her male partner James, a Nigerian national who has been her partner for four years. James plans to move to the UK with Anna and her nine year old daughter for whom she would require a school place in the UK. IVS Electronics the subsidiary of Tradex Ltd is one of the well-known British manufacturers of the speciality chips, which are used, in most electronic equipment.
In Decemberthe IVS Electronics organised a global summit of the manufacturers of the speciality chips that was meant to address the issues surrounding the impact of the production of chips on the environment.
Although, not all leading manufacturers of the speciality chips attended the summit e-mails were sent to all manufactures. The message stated that it might Page 3 of 5 serve the interests of the undertakings if they concentrated on selling to particular parts of the EU.
He also suggested that it might deter parallel imports if all three companies sold their products in the EU at around the same price. A similar pattern of price increases had taken place among the major producers of the speciality chips, which dominated the market within the EU.
It was noticed by the buyers that the significant increase in price of the speciality chips does not appear to have a valid justification as the price of the raw materials remained at the same level.
End of Case Study Required As the newly appointed legal advisor, you have been asked to give your legal advice on the issues addressed in the case study and to advise some of the parties. You are reminded that you must refer to relevant legislation and case law in your answers and to reference sources used.
You are further required to be critical in the analysis and the use of relevant case law and legislation.International Commercial Arbitration Arbitrability and the Impact of Mitsubishi and Eco Swiss decision Nikola Antlová, Jakub Burget, Veronika Hradilová Slide 2 Arbitrability - definition Consists of:Arbitr(ation) Ability Ability = ability to be arbitrated - whether .
EU Law v.
International Investment Law 3. EU Law and State - to - State Energy Disputes v. Council) • See also. Eureko. case and. Electrabel. case?) • Review of law of ECHR also suggests difference between human rights law • EU’s declaration at time of signing treaty provided. The present paper will examine whether the blanket prohibition of disclosure of corporate statements contained in Article 6(1) of the draft proposal on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union is necessary to safeguard the attractiveness of the Commission's leniency.
The content of international public policy may, however, vary from one jurisdiction to the other, both as regards (Eco Swiss China Times Ltd. v. Benetton International NV, June 1, , available on the ECJ Web site): it is in the interest of Federal Tribunal in the case of Tensacciai SpA v.
Freyssinet Terra Armata R.L.
(see. Readers will agree that the ruling of the European Court of Justice in Eco Swiss (see Case C/97 - Eco Swiss China Ltd and Benetton International NV, Judgment of the European Court of Justice of 1 June ,  ECR I), which acknowledged the arbitrability of Article 81 EC (now Article TFEU) on restrictive practices and which is.
(See, e.g., Eco Swiss China Time Ltd vs. Benetton International NV () ECR I, Case C /97). Generally, the standard of review applied by the Swiss Supreme Court to petitions for setting aside an award is deferential, the review itself is limited in .