الهيئة الدولية للتحكيم

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?

الهيئة الدولية للتحكيم