Questions On The Law Of Arbitration

International commercial arbitration is one of the most important legal institutions in international private law. This conclusion follows from the fact that the nature of arbitration depends largely on autonomy of the parties, who choose arbitration procedure as the procedure in which the dispute will be settled; place where the arbitration is to be held; arbitral tribunal etc. Probably the most important and considerable expression of the autonomy is the right to choose the law, which is to be applied

International Maritime Arbitration Introduction – the essential nature of arbitration and its advantages: Arbitration is one of the many methods of resolving disputes and the same is always based on the agreement between the parties to the dispute. This concept is essential to the understanding of the nature and being of arbitration. Though arbitration is something that is founded on a contract, it is affected both by national legislations and international conventions. Sanctity of the contract

seperability states that even though an arbitration agreement is contained in a contract, it is a separate and autonomous agreement. In Robert Lawrence Co. v Devonshire Fabrics , Inc 1959, the court stated that , “the mutual promises to arbitrate [generally] form the quid pro quo of one another and constitute a seperable and enforceable part of the agreement.” The seperability doctrine is guaranteed under UNCITRAL Model Law Atricles 7,8 and 16 as well as the English Arbitration Act, 1996 and the New York Convention

involvement in international arbitration is a fact of life as prevalent as the weather. National courts become involved in arbitration for a whole host of reasons, but do so primarily because national laws are permissive and parties invite or encourage them to do so. But what is the nature of such involvement? Does it complement or impede the arbitration process? Is there a place for any court involvement at all in the system referred to as international arbitration? The aim of this project is to

1.2 Commercial Arbitration in the Islamic Middle East Massive world’s oil reserves lie in the countries lying in the Gulf, and most of the world corporations are keen to do business in the region. Therefore, the Co-operation Council from now on referred to as GCC is well represented in the international business environment. Countries trading with the Middle East and North Africa (MENA) have complained about lenient or ineffective modern arbitration rules and regulation in the member states. However

What Is Arbitration? Arbitration is a fast way to get a decision when you are in a dispute. Arbitration is more flexible and less formal than court. Usually, an arbitration can be scheduled faster than a trial. Sometimes, if the parties want, arbitrators can decide things that judges are not allowed to decide. Arbitration is like a trial but less formal. In arbitration, two sides present their evidence to an arbitrator. The arbitrator decides who wins and who loses. An arbitrator does the job

for any arbitration proceeding is an arbitration agreement which embodies the consent of the parties to submit their disputes to arbitration. This is because the choice of an effective alternative dispute resolution forum cannot be enforced unless it is contained in a legally enforceable contract. The enforceability of such arbitration agreements reached new heights with the coming of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law (Model

Proceedings Commencing an arbitration Unless otherwise agreed by the parties, the arbitral proceedings commence on the date on which a request for arbitration is received by the respondent. The request must designate the parties as well as the subject matter of the litigation, and it must indicate that an arbitration agreement was concluded. The ZPO only requires the request to contain the names of the parties, the subject matter of the dispute and a reference to the arbitration agreement. However,

Arbitration leads to the pronouncement of an award, which determines the rights and liabilities of the parties. An arbitral tribunal is bound to pronounce a final, valid, binding and an enforceable award 1 . Article 34(2) of UNCITRAL Arbitration Rules states, “All awards shall be made in writing and shall be valid and binding on the parties. The parties shall carry all awards without delay”. Even though there exist a plethora of rules on arbitration, no such rules give a definite meaning of

5.1 Critical Analysis International commercial arbitration has evolved, primarily, against the background of two unifying international traditions: the private international legal tradition, directed at the harmonization of laws; and the public international law tradition, committed to reducing global barriers to trade. International Commercial arbitration is the most widely used tool for resolution of trade or commercial disputes. The effort should be made to tackle the problems which will benefit