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- Title
NATYRA JURIDIKE E ARBITRAZHIT TREGTAR NDËRKOMBËTAR.
- Authors
ADEMI, Arber
- Abstract
Today, the international commercial arbitration is widely accepted as a private mechanism for resolution of disputes; nevertheless, its juridical nature is a very disputable issue in the juridical doctrine. The debate to explain this fundamental issue continues nowadays, too, therefore, in this paper, we shall also try to give a response to this issue, which is not only of theoretic importance, but also of a practical one. The international commercial arbitration has its essential elements it cannot exist without; yet, these elements are diverse and fully divergent, which has resulted with the occurrence of various viewpoints and theories about the juridical nature of this juridical institute. According to one viewpoint, arbitration is of contractual nature, whereas according to the other viewpoint, it is of jurisdictional nature. The third ones try to bring closer the first two stances by emphasizing that arbitration has contractual elements as well as jurisdictional. The fourth ones consider arbitration as a juridical and a specific phenomenon, detached from the contractual and jurisdictional elements. We shall likewise treat the juridical effects that derive depending on which of the theories has been accepted by the legislation or common practice, especially the juridical effects from the viewpoint of enforceability of arbitration agreement, choice and application of the proper law as well as from the viewpoint of recognition and enforcement of arbitral awards.
- Publication
Vizione, 2015, Vol 23, p217
- ISSN
1409-8962
- Publication type
Article