Nội dung text ADR Question No 7..pdf
ALVI LAW ASSOCIATS 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ADR you can watch lecture of this question from here. https://youtube.com/playlist?list=PLXTPClsX2hdBTYAdNL1vmvQ RCjRDU49UY&si=QndPP2AC4nW_2EVm Question No 07: Write a detail note on the concept of modes and scope of international commercial arbitration also classification of international commercial arbitration? (This Question is from 6th Topic of the Outline) 1. INTRODUCTION: International commercial arbitration is a method of resolving disputes between parties from different countries without going to court. Instead of a judge, the parties agree to have their case heard by one or more neutral arbitrators. These arbitrators make a binding decision based on the evidence and arguments presented. International commercial arbitration can be used to resolve multi disputes among the parties. This
decision, called an "arbitral award," is usually final and enforceable in many countries under international treaties like the New York Convention. Example: If a U.S. company and a Japanese company have a disagreement over a contract, they might choose arbitration in a neutral location like Singapore. The arbitrator’s decision would then be binding on both parties and could be enforced in either country. 5. MODES OF INTERNATIONAL COMMERCIAL ARBITRATION: International commercial arbitration offers several modes for resolving disputes: 1. Institutional Arbitration: This involves using established organizations like the International Chamber of Commerce (ICC) to handle arbitration according to their rules. These institutions provide a structured process and administrative support. 2. Ad Hoc Arbitration: Here, the parties set up their own arbitration without involving an institution, often using guidelines like the UNCITRAL Rules. This gives parties more flexibility and control over the process. 3. Permanent Court of Arbitration (PCA): The PCA provides facilities and administrative help for resolving disputes between states, state entities, and private parties under international law. It is based in The Hague and operates under the Hague Convention. 4. Online Arbitration: This mode uses digital platforms to conduct arbitration remotely, allowing parties to handle their disputes through the internet. It provides a convenient and modern approach to dispute resolution 5. Fast-Track Arbitration: Fast-track arbitration speeds up the process of resolving disputes. It uses quicker procedures and