My experience in arbitration
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...
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Oñati International Institute for the Sociology of Law
2012-01-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/170 |
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| author | Claude Witz |
| author_facet | Claude Witz |
| author_sort | Claude Witz |
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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
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| format | Article |
| id | doaj-art-319df1985cff46ee95a0fc6bf6dee203 |
| institution | OA Journals |
| issn | 2079-5971 |
| language | English |
| publishDate | 2012-01-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-319df1985cff46ee95a0fc6bf6dee2032025-08-20T01:53:33ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712012-01-0119My experience in arbitrationClaude Witz0Universität des Saarlandes 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 https://opo.iisj.net/index.php/osls/article/view/170ArbitrationDispute ResolutionInternational Commercial ArbitrationReasoning in ArbitrationDeliberation of Arbitral AwardsEquity |
| spellingShingle | Claude Witz My experience in arbitration Oñati Socio-Legal Series Arbitration Dispute Resolution International Commercial Arbitration Reasoning in Arbitration Deliberation of Arbitral Awards Equity |
| title | My experience in arbitration |
| title_full | My experience in arbitration |
| title_fullStr | My experience in arbitration |
| title_full_unstemmed | My experience in arbitration |
| title_short | My experience in arbitration |
| title_sort | my experience in arbitration |
| topic | Arbitration Dispute Resolution International Commercial Arbitration Reasoning in Arbitration Deliberation of Arbitral Awards Equity |
| url | https://opo.iisj.net/index.php/osls/article/view/170 |
| work_keys_str_mv | AT claudewitz myexperienceinarbitration |