International Arbitration and International Law (original) (raw)
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IS INTERNATIONAL ARBITRATION UNIVERSAL?
ILSA Journal of International & Comparative Law, 2015
International arbitration is a universal concept and a flexible institution transcending the public law/private law divide. The purpose, the place and the secrecy of international arbitration, the function of arbitrators, institutional commonality, the enforcement of arbitral decisions, the law to be applied in arbitration and the lack of binding precedent all point to the idea that international arbitration is a method of dispute settlement based upon common sense. Whomever the parties to and whatever the subjects of international arbitration may be, one cannot posit a definite or absolute differentiation between public and private international law arbitration. Indeed, arbitration's universality and flexibility are most visible in mixed arbitrations - such as the Iran-USA Arbitral Tribunal - where a high number of diverse disputes following a crisis push the limits of creativity in the founding and the functioning of international arbitration.
As the substantive law to be applied to the merits in the resolution of international disputes in arbitration or International Arbitration; Conventions on International Commercial Arbitration and corporate arbitration, which are defined as "Law", "Rules of Law", "Contractual Provisions", party behavior, customary practices applicable to the contract, fairness and propriety or "amiable compositeur" and which are particularly prominent as substantive law. organizations have been used in the substantive legal clauses of the arbitration rules. In this study, first of all, the general definition and types of Arbitration will be mentioned, and then the regulations of arbitration law in Turkish law will be mentioned. The definition of International Arbitration, which is one of the widest areas of arbitration and which is of great importance both for International Law and for ensuring peace between states in the field of International Relations, and then its basic legal regulations will be mentioned. After mentioning the International Commercial Arbitration, which is one of the most important types of arbitration that can be specified as a subtitle of International Arbitration, from the structure and operation of the International Court of Arbitration; In addition, the opinions and criticisms of our valuable professors in the literature will be mentioned and the study will be concluded.
International Arbitration: Selected Preliminary Topics
A. International arbitration as opposed to other means of dispute settlement B. The Concept of International Arbitration: definition, composition and international public / private arbitration C. The requirement of consent D. Applicable Law E. The pathology of arbitral awards
INTERNATIONAL COMMERCIAL ARBITRATION
‘Arbitration’ as a mechanism of justice is as old as civilization. Arbitration literally means a mechanism in law which encourages parties to settle their differences privately either by mutual consensus or by mediation of a third person. It was prevalent under the Roman law and the Greek civilization in the sixth century. Earlier in England, the attitude towards arbitration was generally hostile but business exigencies changed the scene, in course of time as a yielding place for commercial arbitration. Ancient India had many traditions of arbitration/ mediation up to the medieval period.
Procedural Aspects Regarding International Arbitration
Studia Universitatis Vasile Goldis Arad, Seria Stiinte Economice, 2015
Socioeconomic changes have led to significant changes with regard to the institutions regulated by the 1865 Code of Civil Procedure and other laws, such as Law no. 105/1992 on the regulation of private international law. Among the institutions that have undergone these reconfigurations in the regulation of the Code of Civil Procedure, which entered into force in 2013, one that stands out is arbitration. Our study will analyze the main aspects of private international law arbitration: arbitration agreement, the arbitral tribunal, the proceedings in the matter, as well as the recognition and enforcement of foreign arbitral awards.