International Commercial Arbitration in Net Era [2]
论文作者:Chambers Yang论文属性:短文 essay登出时间:2007-01-12编辑:点击率:18228
论文字数:2000论文编号:org200701122156202784语种:英语 English地区:英国价格:免费论文
关键词:International Commercial ArbitrationNet Era
tration award almost cover all over the world. Such widely conventions set up the confidence to the international arbitration in the international business community and make international arbitration much more popular.
There are also some other obvious advantages, such as private, finality and less cost. Generally speaking, The international arbitration is hold in private, which will be benefit for the resolution of the disputes. Both parties can have a friendly talk. Compared with the common litigation, the arbitration should be finality. Both parties should enforce the award once it be issued. Also the fee for international arbitration usually is cheaper than international litigation.
In fact the international arbitration institutions are playing more and more important roles in the solving the international disputes. The international arbitration institutions also try their best to modify their own rules to catch more shares. With the development of the Asia-Pacific economy, more and more international commerce dispute arise. Since 1994, the Hong Kong international Arbitration centre (HKIAC) and the China international economic Trade and Arbitration Commission (CIETAC) together have processed approximately 1000 new cases a year, with the vast majority being disputes between foreign parties. In 1991, Singapore established the Singapore international arbitration Centre. To compete for a greater share of the international arbitration SIAC prints its communications and awards in both Chinese and English, what?s more it adopted the international arbitration act (IAA), which is based on the 1985 Model law on international commercial arbitration published by the united nations commission on international trade law.
From the above introduction, we can find out that the international arbitration play the important role in the international business and every international commercial arbitrational institution try its best to develop its share in the international arbitration, but the way seems almost the same. They always pay attention to the parties?autonomy. They continuously modify the rules for arbitration so as to give the more choice to the parties to decide. To some degree, the measure took some effect. But there are not some inherent changes. It is well known the party autonomy is the basic advantage for the arbitration. So if one institution wants to increase its share in the international arbitration, it has to find out the existing real disadvantages and overcome them.
As mentioned above, arbitration has so many advantages comparing with the litigation. But it still has very serious shortcomings, and the well-known main shortcomings are expense and delay. Especially, with the rapid development of digital technology, the procedure of international commercial arbitration seems obsolete. Mr. Justice Lander?s ever stated: the arbitration process has been perceived ?as having similar shortcomings to the litigation process. The perception is that the procedures in arbitration are not much less cumbersome than the procedures in the litigation process.
Arbitration is still slow and inconvenient.
Arbitration proceedings often take years. Although it may be short than the litigation, it is too long for the rapid development of new digital technology society. If it deals with the hi-tech case, arbitration will become unsatisfactory procedure. Paul D. Carrington ever stated: a few years ago, he met a law-bridge
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