International Commercial Arbitration in a Changing World

International Commercial Arbitration in a Changing World 144 INTERNATIONAL COMMERCIAL ARBITRATION IN A CHANGING WORLD* Dr Husain M. Al-Baharna** INTRODUCTION The phenomenal rise of trade and commerce across national frontiers during the second half of the twelfth century has witnessed a spectacular growth in the law and procedure of international commercial arbitration (hereinafter the "ICA"). Today ICA constitutes by far the most popular method for settlement of international commercial disputes.' As Lord Justice Kerr recently commented: International commercial arbitration appears to be eclipsing litigation in national courts in many parts of the world.2 2 Yet, certain basic questions still plague lawyers, businessmen and governments. For example, what is really meant by international commercial arbitration? How does it differ from domestic arbitration? What is the system of law applicable to the ICA? What are the advantages and disadvantages of the competing systems of the ICA? In what ways does the UNCITRAL Model Law on International Commercial Arbitration improve the prospects of the ICA? What are the prospects for the ICA in the Gulf? These and other cognate questions will be briefly examined below. WHAT IS MEANT BY THE ICA? How does the ICA differ from domestic arbitration? Whereas the latter is regulated by national law, the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arab Law Quarterly Brill

International Commercial Arbitration in a Changing World

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Publisher
BRILL
Copyright
© 1994 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0268-0556
eISSN
1573-0255
D.O.I.
10.1163/157302594X00356
Publisher site
See Article on Publisher Site

Abstract

144 INTERNATIONAL COMMERCIAL ARBITRATION IN A CHANGING WORLD* Dr Husain M. Al-Baharna** INTRODUCTION The phenomenal rise of trade and commerce across national frontiers during the second half of the twelfth century has witnessed a spectacular growth in the law and procedure of international commercial arbitration (hereinafter the "ICA"). Today ICA constitutes by far the most popular method for settlement of international commercial disputes.' As Lord Justice Kerr recently commented: International commercial arbitration appears to be eclipsing litigation in national courts in many parts of the world.2 2 Yet, certain basic questions still plague lawyers, businessmen and governments. For example, what is really meant by international commercial arbitration? How does it differ from domestic arbitration? What is the system of law applicable to the ICA? What are the advantages and disadvantages of the competing systems of the ICA? In what ways does the UNCITRAL Model Law on International Commercial Arbitration improve the prospects of the ICA? What are the prospects for the ICA in the Gulf? These and other cognate questions will be briefly examined below. WHAT IS MEANT BY THE ICA? How does the ICA differ from domestic arbitration? Whereas the latter is regulated by national law, the

Journal

Arab Law QuarterlyBrill

Published: Jan 1, 1994

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