NCJ Number
99228
Date Published
1984
Length
162 pages
Annotation
Within the context of international relations, particularly economic, this text examines the nature and scope of arbitration, the sources of arbitration rules, law applicable to contractual obligations, and uses and misuses of arbitration methods.
Abstract
A look at the history of arbitration precedes a review of modern arbitration trends, with emphasis on using third-party intervention to increase mutual understanding and enhance power-sharing between developed and developing nations. Difficulties with international arbitration, stemming from the need that arbitration be with reference to some positive law are discussed. The nature and scope of arbitration are analyzed with reference to the importance of mutual consensus. Sources of arbitration law are examined in civil and common law countries, Nordic countries, Eastern Europe, Latin America, Africa, and Asia. Provisions from international agreements that have served as sources of arbitrational law also are considered. Applicable law in cases involving conflicts between nations and between a nation and citizens of other countries is examined. Particular attention is given to the provisions of the Organization of African Unity Protocol on Mediation, Conciliation, and Arbitration. Factors influencing the enforcement of third-party decisions are delineated, and two cases exemplifying the misuse of arbitration methods, the Anglo-Iranian Oil Company case and the Libyan nationalization case, are examined. Case, author, and subject indexes are provided. Relevant arbitration legislation is appended.