International Arbitration

International Arbitration

International Arbitration

Introduction

Definition of Arbitration

The arbitration with mediation is an alternative to the trial subject to the jurisdiction of the State by the designation of persons as the parties responsible to judge the dispute. The U.S. federal authorities have established a program called "Alternative Dispute Resolution" to develop such arbitration to avoid congestion in the courts. Arbitration in private suits has grown notably in Canada, England, in particular to resolve trade disputes. In these countries, civil litigation are not excluded from the scope of the arbitration.

Any legal proceedings, from the demand to the allegations, aimed primarily at getting the judge to resolve the dispute submitted to the process by issuing a judgment or award (if we talk about arbitration procedures), and if its nature so justifies, is executed to ensure the full effect of law. (Lew,Julian D. M. et al. (1978),

Discussion

There are several reasons why the parties, to follow any difference to a contract, will resort to arbitration and submitted to the state courts. First, because the arbitration are a quick and efficient way to resolve disputes, as well as allowing them to settle their differences without affecting the business of each.

In arbitration the parties are a specialized environment to thoroughly analyze the circumstances and conditions of the subject matter of the dispute, and especially for the body required to hear and decide the matter is impartial and not subject to pressure from any kind.

The goal in making this, it is, analyze technical aspects of arbitration and how to carry out the procedure. However, in this introductory section will refer to what usually happens when the procedure is started.

When an arbitration institution to administer demand receives a party based on the arbitration agreement, notifies them to the defendant and follow the procedure and at the same time, select the arbitrators, which may be one or three, as have agreed by the parties.

History

The origins of mediation date back to early civilization and are prior to public justice and the emergence of the judges.

Mediation appears as a product of the evolution of vigilante justice (examples are the fittest, private vengeance and retaliation).

At the beginning of the Middle Ages with the fall of the Roman Empire, the king is replaced by the feudal lord who gives protection to his servants in exchange for tribute.

Years later, in medieval France, the domestic arbitration was replaced by noble judges who are appointed by the feudal lords.

During the sixteenth century appearing trade associations for their members creating the arbitration until some years later a law prohibits the arbitration and the creation of "commercial courts", this represents a setback in this area.

With the French Revolution of 1789 appears again and this arbitration embodied in the constitution which establishes the right of citizens to submit to arbitration if the parties work it out well and voluntarily.

In the last half century arbitration reached such development in early 2000 has become the most important means to resolve international business ...