THE VALIDITY, EFFECTIVENESS, AND ENFORCEABILITY OF ARBITRATION AGREEMENTS: ISSUES AND SOLUTIONS
The main reason for dispute in international commercial arbitration is the existence of an arbitration agreement concluded between the parties to a foreign trade agreement. The procedure of dispute resolution in international commercial arbitration will depend on the extent to which this arbitrat...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
VD Dakor
2021-12-01
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| Series: | Access to Justice in Eastern Europe |
| Subjects: | |
| Online Access: | https://ajee-journal.com/the-validity-effectiveness-and-enforceability-of-an-arbitration-agreement-issues-and-solutions |
| Summary: | The main reason for dispute in international commercial arbitration is the
existence of an arbitration agreement concluded between the parties to a foreign
trade agreement. The procedure of dispute resolution in international commercial
arbitration will depend on the extent to which this arbitration agreement is concluded
correctly in accordance with the norms of international and national law. Quite often, in the law
enforcement activities of both national courts and arbitrations, there are questions about the
validity, effectiveness, and enforceability of an arbitration agreement. In different countries, this
issue is addressed ambiguously. In one case, national law takes precedence, and, accordingly,
national courts are empowered to consider the validity, effectiveness, and enforceability of an
arbitration agreement. In other cases, however, the autonomy of the arbitration agreement is
a priority aspect of the consideration of any procedural issues by international commercial
arbitration as the only and indisputable body authorised by the parties to the foreign trade
agreement to consider a particular dispute. The article analyses doctrinal and legislative
approaches to this issue, in which the authors come to the logical conclusion that national
courts do not consider the validity, effectiveness, and enforceability of an arbitration agreement. |
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| ISSN: | 2663-0575 2663-0583 |