International Arbitration in the Twenty- First Century: Concepts, Instruments and Techniques.
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NLUJ
Abstract
This brief comment discusses my thoughts on the state of international arbitration today. I begin by charting out the evolution of legal mechanisms governing arbitration internationally, including: the New York Convention of 1958, the UNCITRAL Arbitration Rules of 1976, and the UNCITRAL Model Law of 1985. I then move on to discuss the problems affecting the enforcement of arbitral awards today, in particular the mindset of the judges of national courts towards enforcement. Any introduction to international arbitration today would be incomplete without a reference to the system of settlement of investment disputes. Here, I discuss the effect of Bilateral Investment Treaties and the role of the International Centre for Settlement of Investment Disputes. I conclude by commenting on some attributes of a good arbitrator in today’s world.
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International arbitration, Arbitration law, New York Convention (1958), UNCITRAL Arbitration Rules (1976), UNCITRAL Model Law on International Commercial Arbitration (1985), Enforcement of arbitral awards, National courts and arbitration, Bilateral Investment Treaties (BITs), Investment dispute settlement, International Centre for Settlement of Investment Disputes (ICSID), Dispute resolution mechanisms, Arbitral procedure, Judicial intervention in arbitration, Attributes of a good arbitrator, Global commercial arbitration, Alternative dispute resolution (ADR), Transnational arbitration practice, International trade law, Legal harmonization, Arbitration reform
Citation
Fali S. Nariman,