Here is the synopsis of our sample research paper on Choice Of Law And Application Of National Public Law Rules By Arbitrators In International Commercial Arbitration. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 57 page paper examines the choice and application of laws where international commercial disputes occur which go to arbitration rather than litigation. Taking a board view the paper begins with a definition and examination of what arbitration actually is, the sources of arbitration law and how it fits in with concepts of international law, requiring recognition and enforceable to ha have any real power. The paper then looks at international law and the movement for a non-national or a-national framework for agreements. The paper then considers jurisdiction and the ability of parties to arbitration to appeal for judicial review. The paper ends with a conclusion that summarizes the rules used by arbiters. The paper is written with reference to English. The bibliography cites 31 sources.
Page Count:
57 pages (~225 words per page)
File: TS14_TEarbitration.rtf
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Unformatted sample text from the term paper:
Law 12 3. Fundamental Concepts 12 3.1 Arbitration as an Autonomous Function 14 4. International Law 17 4.1 The Development of an A-National Law System 18 4.2 The Need for Enforceability 23 4.3 The Need for Consent 25 5. Jurisdiction 29 5.1 The Concept of Jurisdiction 31
5.1.1 The Doctrine of forum non- conveniens 32 5.1.2 The application of forum non- conveniens 35 5.2 International Interpretation of Jurisdiction 40 6. Judicial Review 46 7. The Rules Used in Arbitration 55
1. Introduction Arbitration can be defined as "where two or more parties submit all matters in dispute to the judgment of arbiters, who are to
decide the controversy" (Ivamy, 2000; 18). This is a form of dispute resolution where a third party, which may be a tribunal, decide a disputed issue with the use of
this more consensual process as opposed to the use of litigation. Arbitration is often argued as favoured by businessmen whilst litigation is favoured by lawyers. However, they can be
seen as complimentary and as such both are tools that may be chosen in a dispute by the parties concerned. The role of the arbiter may be seen as
similar to a judge, they are set the task of determined the rights of the various parties in a judicial manner with a decision which is based ion evidence resented
to them, and without the use of their own knowledge of a matter (Goode, 2000). Arbitration may also be used when there
is a scenario without a dispute and all the parties are in agreement and there is the need for the use of an expert. This is a less contentious issue
and there is usually not problem when a arbiter is used to provide expert knowledge which is not held by the parties. This paper looks at the former of these
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