International Commercial Arbitration: Flaws and Possible Remedies (en Inglés)

Mara Giorka · Lap Lambert Academic Publishing

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The arbitration system is a quick,easy and confidential process with a final award to resolve disputes.The application of arbitration,precisely because of the existence of these advantages,makes it increasingly favored by the parties to the International Commercial Contracts,thus becoming one of the main settlements of international commercial disputes.The entry into force of the arbitration agreement is the conclusion that the arbitration process was initiated.Because of the development of economic globalization,the international conventions, national legislation and practice tend to the effectiveness of the detection the flaws in both the arbitration agreement and the arbitration clause.This paper seeks to determine the meaning of a flaw in the arbitration agreement which summarizes the types of flaws in the arbitration agreement,thus laying the foundations for the identified effect of flawed arbitration agreement.On International Commercial arbitration agreement,if the parties do not breach the provisions of the Law on the arbitrability and the public policy of the countries interested,they are belong to a valid arbitration agreement and it must be executed.

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