Domestic arbitration and international arbitration, terminological and conceptual demarcations Cover Image
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Arbitrajul domestic și arbitrajul internațional, delimitări terminologice și conceptuale
Domestic arbitration and international arbitration, terminological and conceptual demarcations

Author(s): Beatrice Onica-Jarka
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: C.H. Beck Publishing House - Romania
Keywords: domestic arbitration; international arbitration; arbitral domestic institutions of arbitrations; lex arbitri; arbitration convention; arbitration seat;

Summary/Abstract: Sometimes, even the professionals of the legal practice make an unwanted confusion among the types of arbitration from the perspective of qualifying the arbitration as domestic arbitration respectively international arbitration and associates the international arbitration to international arbitration institutions, when in fact the criteria applicable for the achievement of the qualifications have no connection with the nature of the arbitration institution but rather with the place of the arbitration. The article proposes an analysis of the criteria for qualifying the arbitration as domestic or international, as well as the legal effects that such qualification has from the perspective of the applicable law and the availability of the parties to the arbitration convention to choose the law applicable to arbitration as lex arbitri.

  • Issue Year: XIX/2020
  • Issue No: 01
  • Page Range: 17-19
  • Page Count: 3
  • Language: Romanian