• An arbitration agreement is the cornerstone of arbitration

    Арбитражное соглашение – краеугольный камень арбитража

    Ли Ю.А.

    2018

    The arbitration agreement can be considered as the foundation of arbitration. In arbitration agreement, the parties concerned determine the level of authority of the arbitral tribunal and the level of legitimacy of judicial decisions. Such an agreement is much easier to reconcile when there is no tension or distrust between the parties than during an already existing dispute. When the dispute is in full swing, each stakeholder focuses only on their own interests, which complicates the negotiability of the details of the agreement. This article will assess the importance of the concepts "Kompetenz-Kompetenz" and "Separability" in arbitration. The article will also support the view that the arbitration agreement is important for the arbitration process in resolving disputes.

    Arbitration agreement Alternative Dispute Resolution The concepts of “Kompetenz-Kompetenz” and Separability International Centre for Settlement of Investment Disputes International commercial arbitration The New York Convention Modern law Jurisdiction court

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