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المساهمات : 117 تاريخ التسجيل : 20/10/2014
| موضوع: الهيئة الدولية للتحكيم الإثنين أكتوبر 27, 2014 2:40 pm | |
| الهيئة الدولية للتحكيم : Published by
التحكيم التجاري الدولي international commercial arbitration
International commercial arbitration raises interesting issues as to the law that should be applied, the procedure that should be followed, and the place the arbitration should be located. In a domestic commercial arbitration, where two parties located within a jurisdiction enter a contract, there will be little difficulty in applying domestic laws and in the procedures of domestic courts. However, if one of the parties is located in a foreign jurisdiction, as is almost universal in import and export trade, the foreign party is generally not subject to domestic laws. Let us say that party A, being a legal entity in one state, makes an agreement with party B, located in another state, to manufacture goods which party B will supply to party A in the first state. If a dispute arises between A and B, how is it to be determined? What is the “natural” forum? In which state’s public interest is the resolution of a dispute between the parties most important? Which entity will be used to decide upon the facts and law, and render a decision? What laws are to be applied? What procedure is to be followed? How long will it take? What remedies can be obtained? Can legal costs and interest be recovered? What means will the successful party have to enforce the outcome of the process against the losing party?
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