1、Quasi-Judicial Methods: ArbitrationA. What is arbitration?Arbitration is a method for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the “arbitrators“ or “arbitral tribunal“), by whose decision (the “award“) they agree to be bound. B.
2、 The bases of arbitrationArbitration is a consensual process; parties will only ever arbitrate where they agree to do so . Such agreements are generally divided into two types: l The first one is to conclude a compromis.l The second one is to conclude and accept an arbitration clause (or agreement)
3、that is included in a treaty , or in conventions.C. Compromis This instrument is an agreement that contains provisions for the establishment and operation of the arbitral panel1. It will identify the issues that are to be decided;2. specify the rules of procedure to be followed;3. and state the unde
4、rtaking of the parties to abide by and implement the award. Essential Clausesl Adoption of arbitration as dispute resolution mechanisml Final and bindingl Scope of arbitrationl Ad hoc or institutionalImportant Clausesl Number of arbitratorsl Method of selecting arbitratorsl Place of arbitrationl Lan
5、guage of arbitrationHelpful Clausesl Qualifications and conduct of arbitratorsl Interim measuresD. Arbitral tribunalArbitral tribunals are usually divided into two types:1. ad hoc arbitration tribunals, which simply appoints arbitrators approved by the parties, who may be an individual (e.g., an imp
6、artial head of state, the pope, the secretary-general of the United Nations), a neutral country2.or institutional arbitration tribunals, which is professional bodies providing arbitration services, such as the Permanent Court of ArbitrationThe arbitratordesignated jointlyThe arbitratordesignated by eachThe arbitratordesignated by each
