In the event of resolution of disputes related to international commercial agreements, the International commercial arbitration is one of several forms of dispute resolution. The use of arbitration has increased along with the growth of international trade and commerce and the accompanying disputes springing from these pursuits. In its broadest sense, arbitration is a vehicle of dispute resolution wherein the parties to a contract select a neutral arbitrator (or a panel of arbitrators) to present their dispute for a legally binding ruling. Arbitration is often selected for the reasons of confidentiality, speed, enforceability of arbitral awards, and to eliminate the uncertainties in the choice of arbitrator and forum. As parties from different national origins may be reluctant to accept national court litigation with the potential for national bias, arbitration offers the parties more control over how proceedings will be conducted. Arbitration awards are, with rare exception, final and binding.
[...] One such is the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which limits the grounds upon which arbitral awards may be attacked. Over 130 nations have agreed to abide by its terms. There is also a current list of signatories. Most arbitration attorneys limit the universe of appropriate arbitration venues to those states that are a party to the New York Convention. IV. Examples The dispute resolution procedures of the International Chamber of Commerce specifically target international business disputes. [...]
[...] The Permanent Court of Arbitration was formed to handle arbitrations exclusively involving states, but since 1992 it has broadened its mandate to include disputes involving states and private parties, as well as disputes involving international organizations. Over one hundred states are parties to one or both of the Conventions. Bibliography - Clifford Larsen, International Commercial Arbitration, ASIL Insight, April 1997. - Peter V. [...]
[...] The process by which the parties to a dispute submit their differences to the judgement of an impartial person or group appointed by mutual consent or statutory provision. Law: the hearing and determination of a dispute by an impartial referee agreed to by both parties (often used to settle between labour and management). The act of deciding as an arbiter; giving authoritative judgement; “they submit their disagreement to arbitration”. "Arbitration agreement" is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. [...]
[...] A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. [...]
[...] International commercial arbitration I. Introduction International commercial arbitration is one of several forms of dispute resolution for international commercial agreements. The use of arbitration has increased along with the growth of international trade and commerce and the accompanying disputes springing from these pursuits. In its broadest sense, arbitration is a vehicle of dispute resolution in which parties to a contract select a neutral arbitrator (or a panel of arbitrators) to present their dispute for a legally binding ruling. Arbitration is often selected for the reasons of confidentiality, speed, enforceability of arbitral awards, and to eliminate the uncertainties in the choice of arbitrator and forum. [...]
Bibliographie, normes APA
Citez le doc consultéLecture en ligne
et sans publicité !Contenu vérifié
par notre comité de lecture
