ARBITRATION

Arbitration of International Disputes in International Law

Arbitration of International Disputes in International Law

Introduction

International Agreements, Conventions, and Treaties

A. United Nations Commission on International Trade Law (UNCITRAL) (http://www.uncitral.org/) [web site is in English, Spanish, French, Arabic, Russian and Chinese]. There are different arbitration treaties and conventions to which a party or nation may adhere.

International commercial arbitration is the process of resolving business disputes between or among transnational parties through the use of one or more arbitrators rather than through the courts. It requires the agreement of the parties, which is usually given via an arbitration clause that is inserted into the contract or business agreement. The decision is usually binding (Born, 2001). This chapter will present the major international arbitral institutions and the resources found on their web sites. It will also review commercial and private databases that provide primary and secondary sources of arbitration information. Any omissions or errors are solely the responsibility of the author.

Overview

In terms of the dispute resolution between contracting parties, there is a common threat which is most often used, “I'll see you in court!” People resort to courts to resolve their conflicts. For dispute resolution, arbitration has become very popular for the past few years. The provisions of arbitration are; now, appeared routinely in most basic agreements. However, most often majority of the parties include these provisions without truly understanding the arbitration's effects. There is another matter which is used for dispute resolution as well, litigation.

In personal relationships in general and in particular legal, conflict and litigation is on the agenda, whose motivations become the most varied causes. The final solution to these conflicts can occur in two ways, with or without dialogue of the parties involved or, despite attempting a friendly settlement, the parties agree to reach an agreed solution. In these cases, either because of lack of dialogue, to conceal the existence of the problem or any other cause, the resolution will depend on a third. However, the intervention of a third party may promote a new dialogue to mediate between the parties, assisting and mediating between them to resume the dialog is interrupted or you end up in a real trial, judicial or arbitration.

Legal Regulation

The adoption in most countries of the Arbitration Act 60/2003 (the LA), and its entry into force, represent a fundamental leap in the development of the arbitration system as a method of conflict resolution in relationships, commercial, legal and contractual occur daily.

It also highlights the actual grounds of the LA which amended Law 36/1988, of December 5, it is developed with a view to harmonizing the legal framework of arbitration (in particular international trade), encouraging the spread of practice and promote the unity of criteria in their application to facilitate more effective as a means of settling disputes.

Article 31 of Law 26/1984 of July 19, for the Defense of Consumers and Users establishes a system of arbitration is binding and enforceable resolution of consumer complaints, provided that no poisoning, injuries or death, and no reasonable suspicion of crime, ...