Constitution, Arbitration and Courts
Georgios I. Zekos, PhD
International Hellenic University, Serres, Hellas; BSc(Econ) Aristotle University, JD Democritus University, LLM, PhD(Law) University of Hull, PhD(Econ) University of Peloponnese, Greece
Series: Laws and Legislation
BISAC: POL040000
Details
In “Constitution, Arbitration and Courts”, arbitration is examined as it began, as an extrajudicial mechanism for resolving disputes. Private arbitration predates the public court system. The ancient Sumerians, Persians, Egyptians, Greeks, and Romans all had a tradition of arbitration. Communities introduced arbitration systems intended to resolve their communal conflicts in accordance with custom, equity and internal law. Arbitration threatened a momentous basis of judicial business, as well as judicial jobs linked to the courts’ caseloads. Courts perceived the growing status of arbitration as a favored means for resolving business disputes and as a threat to their power. Courts have managed to get in the way of the arbitration process and to gain a role in arbitration. Thus, courts have taken the role of the guardian of public policy in a state, and so arbitration is considered not to be a safe, independent and fully alternative dispute mechanism. (Imprint: Nova)
Preface
Introduction
Chapter 1. The Historical Appearance of Arbitration as a Dispute Mechanism
Chapter 2. International Commercial Arbitration and Arbitration in EU Law
Chapter 3. Courts and ADR in the Rule of Law
Chapter 4. Constitution and Arbitration
Chapter 5. Arbitration and Courts in US Law
Chapter 6. Arbitration and Courts in English, Greek and Belgian Law
Chapter 7. The Function of Courts in US, English, Belgian and Greek Law
Chapter 8. Arbitration in the Rule of Law
Chapter 9. Arbitration Co-Equal and Fully Independent Alternative to Courts
Conclusion
Index
