CHECK THESE SAMPLES OF The principle of party autonomy and the applicable law are playing different but interrelated roles in international commercial arbitration. Critically evaluate this Statement
...of International commercial arbitration has played an important role in making them acceptable as an effective source for resolving disputes among business parties internationally. The arbitral proceedings can also be made specifically confidential by including a clause to this effect in the agreement. The conflicting parties, their lawyers and attorneys and the arbitrators may be bound with the confidential requirement if the same is provided in the agreement. On the other hand, if confidentiality requirement is not provided in the agreement, the arbitral proceedings...
14 Pages(3500 words)Essay
...? International Commercial Arbitration Law - What do you understand by the principle that the existence of a valid arbitration agreement is a prerequisite for arbitration? International commercial arbitration has been an element of study owing to some of the unique features it is associated with. In the era of globalization, the volume of disputes between parties in trade has increased significantly, and often the judgment provided by the local jurisdiction fails to satisfy the parties to the action. The delay in the procedure of judgment...
15 Pages(3750 words)Assignment
..., the arbitration agreement that comprises of mandatory clauses are enforceable in law without further evaluation or decision making by the courts. The non-mandatory clauses can be adopted (1) by the parties to the contract per se or (2) they can follow their own terms and conditions or (3) adopt the rules of their respective association like UNCITRAL, International Chamber of Commerce and London Court of International Arbitration (LCIA). The mandatory clauses include the following checklist which is not exhaustive in nature: seat and place of the arbitration tribunal, providing the general means of...
18 Pages(4500 words)Essay
...chosen influence the principle of party autonomy? 19 IV. Conclusion 20 I. Introduction The resolution of contractual conflicts worldwide is based on specific processes, as defined through the rules of the private international law, as defined differently in each country; for instance in USA the private international law is mostly used for reflecting the conflict of laws while in Germany, ‘the private international law refers only to the choice of law’.1 Party autonomy is a key part of the...
20 Pages(5000 words)Coursework
...of the children should be given importance and priority but the personal freedom and autonomy of the parents should not be compromised. The courts play major role in determining the limitations and dimensions of parental responsibilities and duties. An important issue related with the parental responsibility regarding the child welfare is internal relocation issue. It has been set forth by the law that all the objections of the parents regarding the internal relocation have to be taken to the court that issue a Prohibited Step Order (PSO) and the applications would be examined under the Children Act 1989 and welfare...
8 Pages(2000 words)Essay
...?The Relationship Between Sharia Law and International Commercial Arbitration Outline International Commercial Arbitration a) Arbitration under different legal systems Arbitration is a dispute-settlement mechanism which may only be used with the consent of the parties, but when resorted to, renders binding decisions mong them.1 The overlap between international commercial arbitration and private international law – issues of applicable law, international jurisdiction, recognition and enforcement of judgments, and arbitral awards – is complex because it involves not only the controversy of which is the applicable system of laws, but also the applicable system of private international law. The application of international commercial... ...
14 Pages(3500 words)Dissertation
5 Pages(1250 words)Case Study
...which is favoured by the parties. In view of that, business-minded individuals (merchants) have led the call for an international tribunal who will decide on conflicting claims pertaining to international commercial dealings. Thus, the phrase “international commercial arbitration” has been formulated and put into issue. International commercial tribunals have been created—settling disputes by integrating the different principles in trade and commerce—mostly applying the “lex mercatoria” (law of merchants). In this sense, it can be stated...
10 Pages(2500 words)Essay
...and unification of international laws and procedures regarding international arbitration is important.43 In other words, if a country is interventionist, that country is going against the international grain and defeats the goal of harmonising the procedures of international arbitration.
A third reason for limiting court intervention is that it violates party autonomy. According to the first UNICITRAL Secretariat “probably the most important principle on which the ML [Model Law] should be based is the freedom of the parties...to...
15 Pages(3750 words)Research Paper
6 Pages(1500 words)Research Paper
