Arbitration Federalism: A State Role in Commercial Arbitration
نویسندگان
چکیده
منابع مشابه
The Changing Role of Arbitration
Arbitration has existed for centuries in parallel with adjudication 1 as a method of obtaining a binding decision of a dispute between private citizens. Although arbitral awards had to be enforced through judicial proceedings, the courts would enforce them "when fairly and lawfully made, without hesitation or question," as Justice Story declared in 1845 in Tobey v. County of Bristol.' In the An...
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a fair hearing in the courts requires the principles of procedure. because arbitration is kind of judgment, so in the arbitration hearing the arbitrator or arbitral tribunal is not bound to observe the principles of procedural formalisms. but they oblige to compliance of principals of civil procedure. equal treatment with parties and adversarial procedure are principles that arbitrator obliged ...
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In settling disputes regarding international commercial arbitration the parties may instead of choosing the law of one country to choose lex mercatoria or the law of merchants as a applicable law to the disputes. When this choice is possible that applicable choice of law rules recognize such power for the parties. The principle of autonomy is choosing lex mercatoria has been recognized in many ...
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The value of a business or other asset depends on the expected future benefits from holding that asset and the uncertainty associated with those benefits. An expert valuer must often form an opinion on value based on their assessment of future benefits and uncertainty at a given date. This is a challenging task for many assets. It is often particularly challenging in the context of internationa...
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ژورنال
عنوان ژورنال: SSRN Electronic Journal
سال: 2002
ISSN: 1556-5068
DOI: 10.2139/ssrn.298720