The role of arbitration in the resolution of international commercial disputes
There are several methods of dispute resolution which are available to parties in international commercial contracts. However, arbitration has been enjoying overwhelming patronage and dominance over all other dispute resolution methods that are at the disposal of disputants. The article examines the...
| Main Author: | |
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| Format: | Article |
| Language: | English |
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International Islamic University Malaysia
2014
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| Online Access: | http://irep.iium.edu.my/41241/ http://irep.iium.edu.my/41241/1/My_Article_2%2C_2014.pdf |
| _version_ | 1848782081071513600 |
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| author | Eishan Jan, Mohammad Naqib |
| author_facet | Eishan Jan, Mohammad Naqib |
| author_sort | Eishan Jan, Mohammad Naqib |
| building | IIUM Repository |
| collection | Online Access |
| description | There are several methods of dispute resolution which are available to parties in international commercial contracts. However, arbitration has been enjoying overwhelming patronage and dominance over all other dispute resolution methods that are at the disposal of disputants. The article examines the role of arbitration in the resolution of international commercial disputes with a view to portraying its significance in the resolution of commercial disputes that have certain foreign elements. In doing so, the article considers the arbitration agreement, how it features in commercial contracts and the necessary elements
for its recognition and enforceability. The articlefurther examines the factors responsible for the
significant role of arbitration and its prevalence in
the resolution of international commercial disputes.
In view of such task and in order to critically bring
out the attractive role of arbitration, the article
discusses advantageous features of arbitration such as
the parties’ freedom, neutrality of the arbitrators, the
applicable law and the seat of arbitration, flexibility
of the process, confidentiality and transnational
enforcement of awards. In view of these merits, it is
recommended that parties to international commercial
transactions should have an arbitration agreement in
their contracts in order to allow reference to arbitration
in resolving their future commercial disputes. |
| first_indexed | 2025-11-14T15:59:47Z |
| format | Article |
| id | iium-41241 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T15:59:47Z |
| publishDate | 2014 |
| publisher | International Islamic University Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-412412023-04-19T07:40:17Z http://irep.iium.edu.my/41241/ The role of arbitration in the resolution of international commercial disputes Eishan Jan, Mohammad Naqib KZ Law of Nations There are several methods of dispute resolution which are available to parties in international commercial contracts. However, arbitration has been enjoying overwhelming patronage and dominance over all other dispute resolution methods that are at the disposal of disputants. The article examines the role of arbitration in the resolution of international commercial disputes with a view to portraying its significance in the resolution of commercial disputes that have certain foreign elements. In doing so, the article considers the arbitration agreement, how it features in commercial contracts and the necessary elements for its recognition and enforceability. The articlefurther examines the factors responsible for the significant role of arbitration and its prevalence in the resolution of international commercial disputes. In view of such task and in order to critically bring out the attractive role of arbitration, the article discusses advantageous features of arbitration such as the parties’ freedom, neutrality of the arbitrators, the applicable law and the seat of arbitration, flexibility of the process, confidentiality and transnational enforcement of awards. In view of these merits, it is recommended that parties to international commercial transactions should have an arbitration agreement in their contracts in order to allow reference to arbitration in resolving their future commercial disputes. International Islamic University Malaysia 2014 Article PeerReviewed application/pdf en http://irep.iium.edu.my/41241/1/My_Article_2%2C_2014.pdf Eishan Jan, Mohammad Naqib (2014) The role of arbitration in the resolution of international commercial disputes. IIUM Law Journal, 22 (2). pp. 265-294. ISSN 2289-7852 (O), 0128-2530 (P) http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/137 |
| spellingShingle | KZ Law of Nations Eishan Jan, Mohammad Naqib The role of arbitration in the resolution of international commercial disputes |
| title | The role of arbitration in the resolution of international commercial disputes |
| title_full | The role of arbitration in the resolution of international commercial disputes |
| title_fullStr | The role of arbitration in the resolution of international commercial disputes |
| title_full_unstemmed | The role of arbitration in the resolution of international commercial disputes |
| title_short | The role of arbitration in the resolution of international commercial disputes |
| title_sort | role of arbitration in the resolution of international commercial disputes |
| topic | KZ Law of Nations |
| url | http://irep.iium.edu.my/41241/ http://irep.iium.edu.my/41241/ http://irep.iium.edu.my/41241/1/My_Article_2%2C_2014.pdf |