| Popis: |
1 International commercial arbitration Abstract The aim of this paper was to analyse the concepts of "arbitrability" and "kompetenz- kompetenz" as institutes of arbitration. For a better and deeper understanding of the essence of these concepts, both foreign and domestic regulations were deliberately compared. Although in many respects these concepts are interpreted in a similar manner across a wide range of jurisdictions, differences can be found, the source of which will have to be discovered in the first instance within traditions, legal culture, and sometimes religion or political regime. It is not in the power of even such greats as Born or Fouchard to present the entire issue to the reader in full, simply because of the fact that these terms are used almost universally and in many ways will be variable in place and time. In the first part, I dealt with the concept of international commercial arbitration itself, to which was linked a passage on sources of law. The purpose was to brief the reader on the most important sources at the international level, which are key guides for the regulation of arbitrability and the doctrine of competence-competence. I still find important the fact that many countries have claimed an exception that creates the possibility for them for an incomplete application of the... |
