aper Summary:
Three overlapping systems of international arbitration have developed to resolve international business disputes: (1) maritime arbitration of disputes related to ocean shipping and transportation; (ii) arbitration of disputes arising out of international trade in goods and services; and (iii) arbitration of disputes arising out of private foreign direct investment (FDI) and other trans-national financial transactions. This paper examines the effectiveness of international arbitration as a means of resolving business disputes arising out of international trade in goods and services and investment. The paper summarizes the historical roots of commercial arbitration, and the fundamental steps taken in the postwar period to establish a solid national and international legal and institutional framework to permit it to operate effectively.
Paper Headings:
Introduction
Defining Characteristics and Appeal
What is Commercial Arbitration?
Appeal of Commercial Arbitration in an International Context
Pre-1945 Historical Evolution of Arbitration
Ancient Origins
Arbitration in Medieval Europe
Decline of the Effectiveness of Commercial Arbitration
Establishing An Effective Legal Framework
Hostility of Other Legal Systems to Commercial Arbitration
Summary
From the Paper:
"Thousands of (but certainly not all) maritime and international commodity arbitrations are handled today in many of the world's great ports in a similar matter of fact and informal manner. Due to the scientific, mercantile, industrial and post-industrial revolutions which have occurred since the 16th century, the volume of world commerce has expanded and the means and methods of production, distribution and transportation hav ...