NCJ Number
98767
Editor(s)
T E Carbonneau
Date Published
1984
Length
306 pages
Annotation
This collection of the principal papers presented to the Sixth Sokol Colloquium on Private International Law covers arbitration in public international law, international commercial arbitration in a comparative perspective, and arbitration in a transnational commercial setting.
Abstract
Part 1 examines the role of arbitration in the settlement of public international law disputes, analyzing its significance as an adjudicatory mechanism in political disputes, treaty relations, and economic relations between nations. Part 2 considers arbitration law and practice from the perspective of comparative law and the diversity of legal cultures. The issues of party and arbitral autonomy, judicial supervision, and the impact of the law on the place of arbitration are scrutinized through an analysis of the national legislation and decisional law from jurisdictions representative of the three major legal traditions -- common law, civilian, and socialist legal systems. Part 3 focuses on the features of the arbitral process in a commercial setting. After discussing court intervention and its impact on the validity of arbitral clauses and awards, the papers consider the practical significance of arbitration in relation to international contracts. Following a presentation of the process of the International Chamber of Commerce institutional arbitration, the volume concludes with a review of the third world view of arbitration as a remedial process in a commercial setting. Chapter footnotes and a subject index are provided. For individual papers, see NCJ 98768-80.