that will be arbitration. Arbitration has been used for centuries, with Plato writing about arbitration amongst the ancient Greeks. In more modern times, arbitration became the standard method for resolving disputes in certain industry sectors (such as construction, commodities, shipping and insurance) where the arbitrators’ technical expertise was particularly valued.
This boost in International businesses and across the border relationships are of pivotal importance and have also brought to light the lacunae in the so-called ‘globalization of the law’. However, the resolution of these conflicts is imperative which is made possible in the legal arena through methods of Litigation, Arbitration and Mediation. It is important to comprehend and distinguish the subtle nuances of these independent processes. The dilemma of balancing efficient International dispute resolutions
contrast with arbitration where the neutral's judgment controls and the morality guarantee is the neutral's commitment to study facts and law and generate a fair result.)
i) Origin and development of arbitration law ii) Sources of arbitration law iii) The requirements for arbitration iv) The law governing arbitration v) Role of courts in arbitration vi) Consideration of Arbitration Act 1995 vii) International Arbitration (The Model Law) The origin and development of arbitration law in Kenya Arbitration in Kenya was first provided for by statute through the Arbitration Ordinance of 1914. The ordinance was based on the English Arbitration Act of 1889. The ordinance
I. INTRODUCTION “International practice shows the increasing importance of umpire courts and international courts of arbitration in social and political life of individual countries, both the most advanced ones and those that are only striving for prosperity, as well as the international community as a whole.”1 American International Commercial Arbitration Court A. Objectives / Purpose of the Study Republic Act No. 876, othewise known as “The Arbitration Law” was approved on June 19, 1953 and
THE DIFFERENCE BETWEEN PRIVACY AND CONFIDENTIALITY A glaring question raised from the inspection of institutional rules on arbitration is whether privacy and confidentiality are different or not. To answer this very question, a crucial distinction should be made between both the terms. They have been presumed to be the core principles of any arbitral proceedings; this does not mean these two different concepts are implied to be one and the same thing. In fact they are corollaries to each other,
fashionable to talk about ‘Alternative Dispute Resolution’ (ADR) methods like negotiation, mediation, conciliation, arbitration, etc. but out of these only arbitration is used frequently as a method of choice for business dispute resolution. All over the world, commercial arbitration has been hailed as the most efficient form of dispute settlement available to participants in international trade as Arbitral Tribunal is viewed by businesses as a neutral and cost-effective
binding arbitration) and case management "Adjudication" is a term that can include decision making by a judge in a court, by an administrative tribunal or quasi-judicial tribunal, a specially appointed commission, or by an arbitrator. An adjudicator determines the outcome of a dispute by making a decision for the parties that is final, binding and enforceable. The parties present their case
decree of a court. Arbitration can be of two types. 1. Ad hoc arbitration 2.Institutional arbitration. In Ad hoc arbitration, the parties jointly select the arbitrators and decide the procedure together with the arbitral tribunal when the dispute arises. But when the parties agree for employing the services of an arbitration institution, it is termed as institutional arbitration. Institutional arbitration as compared to ad hoc arbitration has many advantages. Institutional arbitration is conducted as
dispute relating to international commercial arbitration it’s resolved by taking recourse to either UNCITAL or ICSID. In case, the BIT’s will not be followed or formed, the law to govern investment would be the customary international law. This law is favoured by the developed countries but is objected by the developing countries as they say when these laws were framed in 1940- 1960 era, they were not in existence. So, the developing countries claim the customary international laws to be a creation