The four legal theories of international commercial arbitration

Savadkouhi, S. H. and Savadkouhid, S. H. and Bashiri, A. (2014) The four legal theories of international commercial arbitration. Asian Journal of Research in Social Sciences and Humanities, 4 (5). ISSN 2249-7315

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Abstract

Aim The main purpose of the study seeks to understand two main questions; 1) what is the conceptual framework of arbitration theories? And, 2) whether all theories are successful and fruitful? Research Problem Recent arbitration law was developed much further than it was talked in theories. Particularly in the last decades, the lack of valuable published research paper by academic, professional bodies and commercial organization demonstrated that, this topic is neglected academically in spite of being potentially problematic. It needs a serious revision. Methodology The method which is used in this study is descriptive research method. The sources of this paper are based on the most recent commentary, research articles, books, international institutional and court decisions that were reported and referenced in selected international and regional journals. Conclusion The unambiguous and uncertainty of arbitration theories, clearly run the big risk of impinging upon arbitration as an effective method of dispute resolution. Due to this fact, all potential bodies should dispel many of doubts with regard to the scope of arbitration theories and a transparent distinction should be made among all types of theories.

Item Type: Article
Uncontrolled Keywords: Arbitration and The Contractual Theory and The Jurisdictional Theory and The Mixed Theory and Hybrid Theory and Autonomous Theory
Subjects: L LAW > LAW
Divisions: Department of > Law
Depositing User: Users 19 not found.
Date Deposited: 23 Oct 2019 11:04
Last Modified: 23 Oct 2019 11:04
URI: http://eprints.uni-mysore.ac.in/id/eprint/9475

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