International Commercial Litigation and Arbitration Research Essay
Journal Title: International Journal of Social Science And Human Research - Year 2023, Vol 6, Issue 02
Abstract
Arbitration is an alternative dispute resolution method (ADR) and has now become one of the preferred mechanisms chosen by parties to settle disputes of a commercial nature. There is no proper definition of arbitration and unlike court proceedings; it is a voluntary agreement agreed to by the disputing parties and the decision also known as the arbitral award is binding upon them. Arbitration is quasi-judicial in nature and an arbitrator often referred to as a private judge is a person who adjudicates on disputes submitted to him or her by the parties.1According to Sir John Donaldson, ‘arbitrators and judges are partners in business of dispensing justice, the judges in the public sector and the arbitrators in the private sector.’2 Nowadays, arbitration is an emerging trend and the popularity of such a system can be attributed to many advantages it offers compared to litigation. The main fundamental features of arbitration among many others are flexibility, confidentiality, impartiality, neutrality and party autonomy.
Authors and Affiliations
Viraj Fulena, Hemant Chittoo
Keywords
Related Articles
- EP ID EP713582
- DOI 10.47191/ijsshr/v6-i2-70
- Views 64
- Downloads 0
Do Workers Feel Satisfied Inside Foreign Companies Established in Tunisia after the Arab Spring Revolution?
This paper examines the situation of Tunisian workers in foreign companies established in Tunisia over the period 2019–2022. The methodology of the study depends on the quantitative and qualitative method, both of which...
Requirements for the Integration Period Regarding Training and Development of Officials in Vietnam
International integration has exerted profound and far-reaching impacts on various facets of Vietnamese societal life. Leveraging the capabilities of emerging technological ecosystems, the state has gained additional eff...
Study of Strategic Program Evaluation of Satrya Emas in Pasuruan District
This research specifically examines the evaluation of the Satrya Emas strategic program in Pasuruan Regency. The Government of Pasuruan Regency has a strategic role in the effort to succeed in the program to increase opp...
The Impact of Covıd 19 on the Volatılıty of Stock Market Returns
With the support of a generalized autoregressive conditional heteroscedasticity model, this research experimentally examines the effect of COVID-19 on the volatility of stock prices in 3 different stock indexes. The anal...
Identification Of Online Learning Problems In Rural Areas During Covid-19
Since the Covid-19 pandemic, learning in schools has been done online. In contrast to face-to-face learning, online learning is a learning system without face to face directly between teachers and students, but is carrie...