Frases Y Alientos De Superación

INTERNATIONAL ARBITRATION

MASC

PRESENTED TO:

Dra. Lucy Contento

PRESENTED FOR:

Carol Rodríguez

SANTO TOMÁS UNIVERSITY

LAW- 6 SEMESTER

2015

INTERNATIONAL ARBITRATION

Arbitration is the Alternative Dispute Resolution Method for excellence in the commercial arena, para becoming the national and international community , in paragraph appropriate mechanism to resolve conflicts that these activities are DeriveN .

Through this mechanism m, one or more characters , natural (s) or legal ( as ) involved in a conflict of transigible character , defer its solution an arbitration court of the UN, which is settled definitively the conflict, uttering a decision called arbitration award.

The arbitration is international when it is framed within the criteria that each legislation has received for this purpose. As an example , there are laws to understand that this is international arbitration , when providing for an arbitration dispute arising from international trade relations ( economic criterion - material) ; or when the parties or the arbitrators are of different nationalities or where the address or residence of the parties are in different States ( legal standard - formal); or when it arises from factors directly related to the controversy , such as the place of conclusion , place of performance of the contract , nationality or location of the arbitration institution , where they will be held arbitration place where it shall issue a ruling , the law selected as substantive law or the law of procedure chosen as law, among others.

Resolutions adopted by the General Assembly 40/72.

Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law The General Assembly, Recognizing the value of arbitration as a method of settling disputes arising in international commercial relations, Convinced that the establishment of a model law on arbitration that is acceptable to States with different legal, social and economic systems contributes to the development of harmonious international economic relations, Noting that the Model Law on International Commercial Arbitration1 was adopted by the United Nations Commission on International Trade Law at its eighteenth session, after due deliberation and extensive consultation with arbitral institutions and individual experts on international commercial arbitration, Convinced that the Model Law, together with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards2 and the Arbitration Rules of the United Nations Commission on International Trade Law3 recommended by the General Assembly in its resolution 31/98 of 15 December 1976, signifi cantly contributes to the establishment of a unifi ed legal framework for the fair and effi cient settlement of disputes arising in international commercial relations, 1. Requests the Secretary-General to transmit the text of the Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law, together with the travaux préparatoires from the eighteenth session of the Commission, to Governments and to arbitral institutions and other interested bodies, such as chambers of commerce; 2. Recommends that all States give due consideration to the Model Law on International Commercial Arbitration, in view of the desirability of uniformity of the law of arbitral procedures and the specifi c needs of international commercial arbitration practice. 112th plenary meeting 11 December 1985 1Offi cial Records of the General Assembly, Fortieth Session, Supplement No. 17 (A/40/17), annex I. 2United Nations, Treaty Series, vol. 330, No. 4739, p. 38. 3United Nations publication, Sales No. E.77.V.6. viii [on the report of the Sixth Committee (A/61/453)] 61/33. Revised articles of the Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law, and the recommendation regarding the interpretation of article II, paragraph 2, and article VII, paragraph 1, of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, 10 June 1958.

The General Assembly, Recognizing the value of arbitration as a method of settling disputes arising in the context of international commercial relations, Recalling its resolution 40/72 of 11 December 1985 regarding the Model Law on International Commercial Arbitration,1 Recognizing the need for provisions in the Model Law to conform to current practices in international trade and modern means of contracting with regard to the form of the arbitration agreement and the granting of interim measures, Believing that revised articles of the Model Law on the form of the arbitration agreement and interim measures refl ecting those current practices will signifi cantly enhance the operation of the Model Law, Noting that the preparation of the revised articles of the Model Law on the form of the arbitration agreement and interim measures was the subject of due deliberation and extensive consultations with Governments and interested circles and would contribute signifi cantly to the establishment of a harmonized legal framework for a fair and effi cient settlement of international commercial disputes, Believing that, in connection with the modernization of articles of the Model Law, the promotion of a uniform interpretation and application of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, 10 June 1958,2 is particularly timely, 1. Expresses its appreciation to the United Nations Commission on International Trade Law for formulating and adopting the revised articles of its Model Law on International Commercial Arbitration on the form of the arbitration agreement and interim measures, the text of which is contained in annex I to the report of the United Nations Commission on International Trade Law on the work of its thirtyninth session,3 and recommends that all States give favourable consideration to the enactment of the revised articles of the Model Law, or the revised Model Law on International Commercial Arbitration of the United Nations Commission on 1Offi cial Records of the General Assembly, Fortieth Session, Supplement No. 17 (A/40/17), annex I. 2United Nations, Treaty Series, vol. 330, No. 4739. 3Offi cial Records

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