Internal and international commercial arbitration as a private form of law enforcement
نویسندگان
چکیده
منابع مشابه
Application of Lex Mercatoria as Applicable Law in International Commercial Arbitration
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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public order has a long history and a great role in private law andinternational commercial arbitration; as much as can be said: public order isone of the most important limitations of party autonomy (contractualfreedom) in private law and international commercial arbitration.however, legal experts disagree about the meaning of this term. some oflawyers and jurists have made great efforts to de...
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hearings, according to the general principles, appear in open courts. therefore, confidential and private hearings are exeptional by legal stipulation. this exeption is depicted and stipulated in arbitration. the charactristics of arbitration are being confidential and private. these two are main points for reterring to arbitration. in jurisprudence, the consensus is only on the private aspect ...
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for decades, the approach of legal systems towards private arbitration in competition law has been characterized by a certain mistrust or suspicion. initially, this attitude may somehow have been linked to the uncertainty as to the arbitrability of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. in fact arbitration i...
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ژورنال
عنوان ژورنال: Law Enforcement Review
سال: 2017
ISSN: 2542-1514
DOI: 10.24147/2542-1514.2017.1(2).219-226