Constitution, arbitration and courts

Author(s)

    • Zekos, Georgios I.

Bibliographic Information

Constitution, arbitration and courts

Georgios I. Zekos

(Laws and legislation)

Nova Science Publishers, c2013

  • : hardcover

Available at  / 1 libraries

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Note

Includes bibliographical references and index

Description and Table of Contents

Description

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.

Table of Contents

  • 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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