Settlement of International Disputes under the Law on Arbitration
Abstract
The private dispute resolution mechanism called arbitration enjoys recognition in all legal orders of contemporary states and is affirmed worldwide. Given the actuality and popularity of this alternative way of resolving disputes, it is not at all surprising the intensive study of dispute resolution before international commercial arbitration by contemporary legal theory. As a dominant instrument for resolving disputes from international trade and as a legal institute in which contractual and jurisdictional (judicial) elements are intertwined, international commercial arbitration can be studied in several directions: through the prism of international conventions, through the prism of national legislation, through the prism of the rules of arbitration institutions and through the prism of the practice of resolving various disputes. Dispute resolution through arbitration based on the prior agreement of the wills of the parties has been known for a long time and has a long tradition.
References
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7. See: Law no. 02 / L-75; Kosovo Arbitration Law; Prishtina 2008; Article 18;
8. The European Convention on International Arbitration of 1961 in Article 1, paragraph 2, sub-b, provides these two meanings, where it is emphasized that the term "arbitration" means not only the settlement of disputes before arbitrators appointed for certain cases (arbitration ad hoc), but also before institutional arbitrations;
9. See Article 5 of the European Convention; Article 21 I UNCITRAL Rules of Arbitration. Within ICC arbitration procedure, the International Court of Arbitration has an important role (see Article 8.3 of the ICC Arbitration Rule 2012);
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