الهيئة الدولية للتحكيم

الهيئة الدولية للتحكيم : Published by

التحكيم التجاري الدولي
international commercial arbitration


Each sovereign state will generally have processes and judicial bodies available
and capable of determining disputes which may arise in an international context,
but they are subject to severe limitations. For example, there may be no
jurisdiction in the courts of a particular sovereign state to deal with a dispute
between party A (being a national of a different sovereign state) against party B
(being a national of a separate and different sovereign state). In addition, party A
may be outside the reach of a particular sovereign state and all relevant events
and transactions may have occurred in yet another sovereign state. Even if it is
assumed that the courts of one sovereign state have jurisdiction and there is
authority of the courts in that sovereign state to proceed against party B, it may be
a pyrrhic victory if all of party B’s assets are located in another sovereign state
whose laws do not recognise any judgment obtained by party A in different
sovereign state.

الهيئة الدولية للتحكيم