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Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution. Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party for resolution. In practice, arbitration is generally used as a substitute for litigation. In some contexts, an arbitrator has been described as an umpire.
The RCA Corporation was a major American electronics company, which was founded in 1919 as the Radio Corporation of America. It was initially a patent trust owned by General Electric (GE), Westinghouse, AT&T Corporation and United Fruit Company. In 1932, RCA became an independent company after the partners were required to divest their ownership as part of the settlement of a government antitrust suit.
An injunction is an equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court.
The Federal Radio Commission (FRC) was a government agency that regulated United States radio communication from its creation in 1927 until 1934, when it was succeeded by the Federal Communications Commission (FCC). The FRC was established by the Radio Act of 1927, which replaced the Radio Act of 1912 after the earlier law was found to lack sufficient oversight provisions, especially for regulating broadcasting stations. In addition to increased regulatory powers, the FRC introduced the standard that, in order to receive a license, a radio station had to be shown to be "in the public interest, convenience, or necessity".
A terrestrial network is a group of radio stations, television stations, or other electronic media outlets, that form an agreement to air, or broadcast, content from a centralized source. For example, ABCTooltip American Broadcasting Company (U.S.), CBC/Radio-CanadaTooltip Canadian Broadcasting Corporation (Canada), the BBCTooltip British Broadcasting Corporation (UK), the ABCTooltip Australian Broadcasting Corporation (Australia), ARDTooltip ARD (broadcaster) (Germany), KBSTooltip Korean Broadcasting System, and NHK (Japan) are TV networks that provide programming for local terrestrial television station affiliates to air using signals that can be picked up by the home television sets of local viewers. Networks generally, but not always, operate on a national scale; that is, they cover an entire country.
The Anglo-Persian Oil Company was a British company founded in 1909 following the discovery of a large oil field in Masjed Soleiman, Persia (Iran). The British government purchased 51% of the company in 1914, gaining a controlling number of shares, effectively nationalizing the company. It was the first company to extract petroleum from Iran. In 1935 APOC was renamed the Anglo-Iranian Oil Company (AIOC) when Reza Shah formally asked foreign countries to refer to Persia by its endonym Iran.
Scarborough Shoal, also known as Panacot,Bajo de Masinloc, Huangyan Island, Minzhu Jiao, and Panatag Shoal, are two skerries located between Macclesfield Bank to the west and Luzon to the east. Luzon is 220 kilometres (119 nmi) away and the nearest landmass. The atoll is a disputed territory claimed by the Republic of the Philippines through the Treaty of Washington in 1900 via the 1734 Velarde map, as well as the People's Republic of China and the Republic of China (Taiwan). The atoll's status is often discussed in conjunction with other territorial disputes in the South China Sea, such as those involving the Spratly Islands, and the 2012 Scarborough Shoal standoff. In 2013, the Philippines initiated arbitration against China under UNCLOS. In 2016, the tribunal ruled that China's historic title within the nine-dash line was invalid but did not rule on sovereignty.
The Mexican oil expropriation was the nationalization of all petroleum reserves, facilities, and foreign oil companies in Mexico on March 18, 1938. In accordance with Article 27 of the Constitution of 1917, President Lázaro Cárdenas declared that all mineral and oil reserves found within Mexico belong to "the nation", i.e., the federal government. The Mexican government established a state-owned petroleum company, Petróleos Mexicanos, or PEMEX. For a short period, this measure caused an international boycott of Mexican products in the following years, especially by the United States, the United Kingdom, and the Netherlands, but with the outbreak of World War II and the alliance between Mexico and the Allies, the disputes with private companies over compensation were resolved. The anniversary, March 18, is now a Mexican civic holiday.
Specht v. Netscape, 306 F.3d 17, is a ruling at the United States Court of Appeals for the Second Circuit regarding the enforceability of clickwrap licenses under contract law. The court held that merely clicking on a download button does not show consent with license terms, if those terms were not conspicuous and if it was not explicit to the consumer that clicking meant agreeing to the license.
The Island of Palmas Case was a territorial dispute over the Island of Palmas between the Netherlands and the United States which was heard by the Permanent Court of Arbitration. Palmas was declared to be a part of the Netherlands East Indies and is now part of Indonesia.
Arbitration is a formal method of dispute resolution involving a neutral third party who makes a binding decision. The third party neutral renders the decision in the form of an 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding.
The Shandong Problem or Shandong Question was a dispute over Article 156 of the Treaty of Versailles in 1919, which dealt with the concession of the Shandong Peninsula. It was resolved in China's favor in 1922.
Dispute settlement or dispute settlement system (DSS) is regarded by the World Trade Organization (WTO) as the central pillar of the multilateral trading system, and as the organization's "unique contribution to the stability of the global economy". A dispute arises when one member country adopts a trade policy measure or takes some action that one or more fellow members consider to be a breach of WTO agreements or to be a failure to live up to obligations. By joining the WTO, member countries have agreed that if they believe fellow members are in violation of trade rules, they will use the multilateral system of settling disputes instead of taking action unilaterally — this entails abiding by agreed procedures—Dispute Settlement Understanding—and respecting judgments, primarily of the Dispute Settlement Board (DSB), the WTO organ responsible for adjudication of disputes.
NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), is a United States labor law case of the Supreme Court of the United States which held that workers who strike remain employees for the purposes of the National Labor Relations Act (NLRA). The Court granted the relief sought by the National Labor Relations Board, which sought to have the workers reinstated by the employer. However, the decision is much better known today for its obiter dicta in which the Court said that an employer may hire strikebreakers and is not bound to discharge any of them if or when the strike ends.
Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008), was a United States Supreme Court case that held that state and federal courts cannot, on a motion to vacate or to modify an arbitration award, expand the limited scope of judicial review specified in 9 U.S.C. §§ 10 and 11, including terms that were agreed upon by the parties.
Investor–state dispute settlement (ISDS), or an investment court system (ICS), is a set of rules through which states can be sued by foreign investors for certain state actions affecting the foreign direct investments (FDI) of that investor. This most often takes the form of international arbitration between the foreign investor and the state. As of June 2024, over US$113 billion has been paid by states to investors under ISDS, the vast majority of the money going to fossil fuel interests.
Sovereignty over the Chagos Archipelago is disputed between Mauritius and the United Kingdom. Mauritius has repeatedly stated that the Chagos Archipelago is part of its territory and that the United Kingdom claim is a violation of United Nations resolutions banning the dismemberment of colonial territories before independence. On 22 May 2019, the United Nations General Assembly adopted a non-binding resolution declaring that the archipelago was part of Mauritius; 116 countries voted in favor of Mauritius while six opposed it.
The South China Sea Arbitration was an arbitration case brought by the Republic of the Philippines against the People's Republic of China (PRC) under Annex VII of the United Nations Convention on the Law of the Sea concerning certain issues in the South China Sea, including the nine-dash line introduced by the mainland-based Republic of China since as early as 1947. A tribunal of arbitrators appointed the Permanent Court of Arbitration (PCA) as the registry for the proceedings.
Submarine Cable Act of 1888 is a United States federal statute defining penalties for intentional and unintentional disturbances of submarine communications cable in international waters. The Act of Congress acknowledge the Convention for the Protection of Submarine Telegraph Cable of 1884 necessitating the international cooperation for the safeguard of international communication cables placed on the ocean floor.
The First Jordan Hydro-Electric Power House, also known as the Rutenberg Power Station or the Naharayim Power Plant or the Tel Or Power Plant, was a conventional dammed hydroelectric power station on the Jordan river, which operated between 1932 and 1948. It was situated in the Emirate of Transjordan, but built to supply power to Mandatory Palestine. The plant was built in an area known as Jisr el-Majami, later renamed by Pinhas Rutenberg's Palestine Electric Corporation as Naharayim, and following the Israel–Jordan peace treaty it is today part of the Jordanian area of Baqoura.
References
- ↑ Grant, John P. (2009). Parry and Grant Encyclopaedic Dictionary of International Law. Oxford University Press. p. 496.
- ↑ "Cases: Radio Corporation of America v. China (pca-cpa.org)
- ↑ Maurer, Noel (2013). The Empire Trap: The Rise and Fall of U.S. Intervention to Protect American Property Overseas, 1893-2013. Princeton University Press. ISBN 9780691155821 . Retrieved 16 January 2020.