My experience in arbitration

Authors

  • Claude Witz Universität des Saarlandes

Keywords:

Arbitration, Dispute Resolution, International Commercial Arbitration, Reasoning in Arbitration, Deliberation of Arbitral Awards, Equity, Conciliation, Mitigation of Damages, Amiable Composition, French and German Arbitration

Abstract

This paper deals with the nature of arbitration as one of the alternatives in dispute resolution processes different from mediation and conciliation, and obviously, from judicial adjudication. Unlike a mediator or a conciliator, an arbitrator is empowered to pass a judgement, like a court. In other words, the arbitrator will render a decision which is binding for the parties. The arbitrator has the jurisdictio, like a judge. Although the office of a judge and an arbitrator is the same, the source of their power is different. The judge’s power originates from a State, whereas the power of the arbitrator results primarily from a contract. Unlike the court, the arbitrator lacks the imperium, i.e. the power to make the award enforceable. When a party refuses to enforce the award, enforceability can only be provided by the judge or an authority of the state where the award has to be enforced. In a certain sense the state thus provides the back up for the arbitration system. This paper presents personal thoughts drawn from the author’s professional experience as an arbitrator in Franco-German disputes.

DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1991087

Downloads

Download data is not yet available.
Views 90
Downloads:
PDF 571


Downloads

Published

24-01-2012

How to Cite

Witz, C. (2012) “My experience in arbitration”, Oñati Socio-Legal Series, 1(9), p. 6. Available at: https://opo.iisj.net/index.php/osls/article/view/170 (Accessed: 23 April 2024).

Issue

Vol. 1 No. 9 (2011): Autonomy and Heteronomy of the Judiciary in Europe

Section

Internal and external alternatives to Judicial Dispute Resolution

License

OSLS strictly respects intellectual property rights and it is our policy that the author retains copyright, and articles are made available under a Creative Commons licence. The Creative Commons Non-Commercial Attribution No-Derivatives licence is our default licence, further details available at https://creativecommons.org/licenses/by-nc-nd/4.0 If this is not acceptable to you, please contact us.

The non-exclusive permission you grant to us includes the rights to disseminate the bibliographic details of the article, including the abstract supplied by you, and to authorise others, including bibliographic databases, indexing and contents alerting services, to copy and communicate these details.

For information on how to share and store your own article at each stage of production from submission to final publication, please read our Self-Archiving and Sharing policy.

The Copyright Notice showing the author and co-authors, and the Creative Commons license will be displayed on the article, and you must agree to this as part of the submission process. Please ensure that all co-authors are properly attributed and that they understand and accept these terms.