The Arbitration Decision in the Light of the Legal Provisions: Theoretical and Practical Aspects

Apply

The Arbitration Decision in the Light of the Legal Provisions: Theoretical and Practical Aspects

Journal Title: International Journal of Academic Research in Business and Social Sciences - Year 2017, Vol 7, Issue 5

Abstract

The arbitration decision is enforceable and forcefully executed as a judgment. The arbitration decision is binding on the parties under the arbitration convention and the law, and it is treated as a final judgment having the force of res judicata. The content of the arbitration ruling is similar to the judicial decision. The fundamental principles of arbitration are the principle of equal treatment of litigants, the principle of the right to defense, the principle of the contradictory, the principle of flexibility of arbitration proceedings, the principle of confidentiality, the principle of availability, the principle of the right to a fair trial and the principle of the active role of the arbitrators. The arbitral ruling must be issued within the period set by the parties or by the law. In the absence of clauses accorded by the parties, a settlement period of five months is given, the period running from the date of constitution of the arbitral court. Also, under the term provided by law, the pronunciation of the arbitration ruling may be suspended or extended. The arbitration ruling/decision must be put in written form and must be signed by all arbitrators, unless it is drawn up a separate opinion.

Authors and Affiliations

DIANA GORUN

Keywords

A Review of the Motorcycle Phenomenon on Livelihoods in Eldoret and Kakamega Municipalities

Commercial motorcycle taxi has emerged as an important mode of road transport in many developing countries. In Kenya, it is only in the last one decade or so that this mode of transport, known popularly as boda boda gain...

Infusing High Order Thinking Skills (HOTs) through Thinking Based Learning (TBL) during ECA to enhance students interest in STEM

Currently in 21st century, the extremely unique, vibrant and powerful work environment requires employees with fundamental abilities that blend with real life experiences and self-assurance. Many students whom failed to...

EP ID EP605935
DOI 10.6007/IJARBSS/v7-i5/2873
Views 82
Downloads 0