The Independence of Arbitration

Georgios I. Zekos, PhD
Aristotle University, Democritus University, University of Hull, University of Peloponnese, TEI of Central Macedonia, Serres, Greece

Series: Law, Crime and Law Enforcement
BISAC: LAW006000

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Arbitration is the process by which a difference among parties as to their mutual legal rights is referred and determined with a binding effect by the application of law through an arbitral tribunal instead of a court. Arbitration enhances access to justice by permitting claimants to bring claims they could not afford to bring in court. Arbitration agreements are to be construed according to general rules governing the interpretation of contracts, taking into account the intention of the parties and the strong public policy in favor of arbitration. Arbitration is praised as an economical and expeditious alternative to judicial recourse. Arbitration advantages include neutrality of forum, speed, lower cost, informality, enforcement, language, and confidentiality. Arbitration has been gaining credit by asserting its independence or autonomy from the judicial process, as it has struggled to establish itself as a parallel means of adjudication. It is time for an independent arbitration. (Imprint: Nova)

Introduction

Chapter 1. The Historical Appearance of Arbitration as a Dispute Mechanism

Chapter 2. Characteristics of Modern Arbitration

Chapter 3. The Conception of Arbitrability

Chapter 4. Arbitration and the Rule of Law

Chapter 5. Constitution and Arbitration

Chapter 6. The Function of Courts in US, English, Belgian and Greek Law

Chapter 7. Employment Arbitration

Chapter 8. Arbitration's Status under EU Law

Chapter 9. Arbitration of Intellectual Property Rights

Chapter 10. Securities Arbitration

Chapter 11. Investment Arbitration

Chapter 12. Independent Arbitration Alternative to Courts

Conclusion

Index

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