Cardozo Journal of Conflict Resolution
Abstract
Arbitral institutions play an essential role in the administration of arbitration disputes. Their arbitration rules give potential disputing parties a clear understanding of the sequence of their dispute. The rules highlight both the obligations the arbitral institution agrees to assume towards the parties as well as the institution's asserted rights. Although the United Nations Commission on International Trade Law ("UNCITRAL") Model Law inspired the rules of many arbitral institutions, no institution works in a legal vacuum. They are embedded in the national legal framework of their respective locales. As a result, each set of institutional rules reflects the domestic laws, or should. The arbitral rules interact with national legislation, which either bolsters or circumscribes them. This Article focuses on the interaction between the institution's rights and obligations, on one hand, and the legal systems in which they are embedded, on the other.
Disciplines
Dispute Resolution and Arbitration | Law
Recommended Citation
Silke N. Elrifai, Amr A. Hasaan & Laura Lozano,
Arbitral Institutions Through the Magnifier: On the Nature of Their Decisions and Exposure to Suit,
19
Cardozo J. Conflict Resol.
309
(2018).
Available at:
https://larc.cardozo.yu.edu/cjcr/vol19/iss2/5