procedural principles in international commercial arbitration

نویسندگان

صالح خدری

دانش آموخته دکتری حقوق خصوصی دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران

چکیده

a fair hearing in the courts requires the principles of procedure. because arbitration is kind of judgment, so in the arbitration hearing the arbitrator or arbitral tribunal is not bound to observe the principles of procedural formalisms. but they oblige to compliance of principals of civil procedure. equal treatment with parties and adversarial procedure are principles that arbitrator obliged to satisfy them. independence and impartiality are elements of equal treatment and proper notice and give a full opportunity to elements of adversarial procedure in arbitration hearing. challenge to arbitrators competence, application for setting aside and refuse to recognition and enforcement of award are tools to satisfy compliance of principles of procedural civil in arbitration hearing. in this paper, ways of satisfying principles of procedure and its sanctions has been considered.

برای دانلود باید عضویت طلایی داشته باشید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

fair trial in international commercial arbitration

a fair hearing in the courts requires the principles of procedure. because the arbitration is considered as private judgment, thus in arbitration hearing regarding to non-ceremonial proceedings, arbitrator or arbitration panel are bound to respect the principles of civil procedure in arbitration hearing. equal treatment with parties of arbitration and adversarial procedure are principles that a...

متن کامل

Application of Lex Mercatoria as Applicable Law in International Commercial Arbitration

In settling disputes regarding international commercial arbitration the parties may instead of choosing the law of one country to choose lex mercatoria or the law of merchants as a applicable law to the disputes. When this choice is possible that applicable choice of law rules recognize such power for the parties. The principle of autonomy is choosing lex mercatoria has been recognized in many ...

متن کامل

Valuation in International Arbitration

The value of a business or other asset depends on the expected future benefits from holding that asset and the uncertainty associated with those benefits. An expert valuer must often form an opinion on value based on their assessment of future benefits and uncertainty at a given date. This is a challenging task for many assets. It is often particularly challenging in the context of internationa...

متن کامل

the concept of public order in private international law and its place in international commercial arbitration

public order has a long history and a great role in private law andinternational commercial arbitration; as much as can be said: public order isone of the most important limitations of party autonomy (contractualfreedom) in private law and international commercial arbitration.however, legal experts disagree about the meaning of this term. some oflawyers and jurists have made great efforts to de...

متن کامل

میزبانی شده توسط پلتفرم ابری doprax.com

copyright © 2015-2023