INTERNATIONAL COMMERCIAL ARBITRATION Essay Example | Topics and Well Written Essays - 2500 words

INTERNATIONAL COMMERCIAL ARBITRATION - Essay exemplificationNonetheless, due to the clash of trading principles, it is often difficult to come up with an equitable decision which is favoured by the parties. In view of that, business-minded individuals (merchants) have led the call for an international tribunal who will decide on conflicting claims pertaining to international moneymaking(prenominal) dealings. Thus, the phrase international commercial arbitration has been formulated and put into issue. internationalist commercial tribunals have been createdsettling disputes by integrating the different principles in trade and commerce in the main applying the lex mercatoria (law of merchants). In this sense, it can be stated that the lex mercatoria is indeed a live subject more so today than at almost any time over the last generation (Fortier, 2001).Disputes are unavoidable occurrences in international relations especially in commercial transactionsfailure or refusal to take over in accordance with the stipulations provided in a contract is one of the main causes of conflict (Lew, et al., 2003). To settle the differences of the promise parties, alternative dispute resolution mechanisms are made available. Arbitration is actually one of the non-judicial methods of settling commercial disputes which has been exhaustively applied by some states and entities. In fact, some of the countries in the world have include arbitration as part of their law on civil procedure like Germany and France. Arbitration is a procedure by which conflicting claims of two or more individuals or entities with regard to their shared rights and obligations is comprehend and resolved by an arbitratorthe agreement reached by the parties has a binding effect (Halsburys Laws of England, as cited in Lew, et al., 2003, p. 3). As such, it has four fundamental features which include the following an alternative to judicial proceeding, a private itinerary of resolving disputes, parties can select and control the process, and final resolution of