National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
International Commercial Arbitration and the participation on national courts
Synková, Sandra ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
INTERNATIONAL COMMERCIAL ARBITRATION AND THE ROLE OF NATIONAL COURTS SUMMARY International Commercial Arbitration as a form of alternative dispute resolution has flourished over the past decades. Parties to an arbitration agreement choose to have their dispute settled by means of arbitration and thereby exclude national courts from deciding on matters covered by their agreement. Arbitration thus allows each of the parties to avoid the home courts of the other party and allows the parties to adopt their own rules of procedure. However, parties' autonomy is not unlimited. It's limits are set down by the rules of the law of the seat of arbitration (lex arbitri) and also by the rules of the state in which enforcement of the final award is sought. Moreover, the arbitral process is subject to certain supervisory powers entertained by the the court of the seat of arbitration. The international trend is to limit these supervisory powers. The relationship between national courts and arbitral tribunals is said to be one of partnership. This partnership is not a partnership between equals. Arbitrators are dependent on the underlying support of the courts. As the arbitral awards are made by private individuals (or private arbitral institutions) their binding force must be sanctioned by national legal orders....
International Commercial Arbitration and the participation on national courts
Synková, Sandra ; Růžička, Květoslav (referee) ; Pauknerová, Monika (advisor)
INTERNATIONAL COMMERCIAL ARBITRATION AND THE ROLE OF NATIONAL COURTS SUMMARY International Commercial Arbitration as a form of alternative dispute resolution has flourished over the past decades. Parties to an arbitration agreement choose to have their dispute settled by means of arbitration and thereby exclude national courts from deciding on matters covered by their agreement. Arbitration thus allows each of the parties to avoid the home courts of the other party and allows the parties to adopt their own rules of procedure. However, parties' autonomy is not unlimited. It's limits are set down by the rules of the law of the seat of arbitration (lex arbitri) and also by the rules of the state in which enforcement of the final award is sought. Moreover, the arbitral process is subject to certain supervisory powers entertained by the the court of the seat of arbitration. The international trend is to limit these supervisory powers. The relationship between national courts and arbitral tribunals is said to be one of partnership. This partnership is not a partnership between equals. Arbitrators are dependent on the underlying support of the courts. As the arbitral awards are made by private individuals (or private arbitral institutions) their binding force must be sanctioned by national legal orders....

See also: similar author names
1 SYNKOVÁ, Soňa
1 Synková, Simona
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