Constitution, arbitration and courts
著者
書誌事項
Constitution, arbitration and courts
（Laws and legislation）
Nova Science Publishers, c2013
- : hardcover
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
In "Constitution, Arbitration and Courts", arbitration is examined as it began, as an extra-judicial mechanism for resolving disputes. Private arbitration predates the public court system. The ancient Sumerians, Persians, Egyptians, Greeks, and Romans all had a tradition of arbitration. Communities introduced arbitration systems intended to resolve their communal conflicts in accordance with custom, equity and internal law. Arbitration threatened a momentous basis of judicial business, as well as judicial jobs linked to the courts' caseloads. Courts perceived the growing status of arbitration as a favoured means for resolving business disputes and as a threat to their power. Courts have managed to get in the way of the arbitration process and to gain a role in arbitration. Thus, courts have taken the role of the guardian of public policy in a state, and so arbitration is considered not to be a safe, independent and fully alternative dispute mechanism.
目次
- Introduction
- The Historical Appearance of Arbitration as a Dispute Mechanism
- International Commercial Arbitration & Arbitration in EU Law
- Courts & ADR in the Rule of Law
- Constitution & Arbitration
- Arbitration & Courts in US Law
- Arbitration & Courts in English, Greek & Belgian Law
- The Function of Courts in US, English, Belgian & Greek
- Arbitration in the Rule of Law
- Arbitration Co-Equal & Fully Independent Alternative to Courts
- Conclusions
- Index.
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