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Theoretical Perspectives on International Commercial Arbitration: A Comparative Analysis and Strategic Pathways for Global Practice | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 31, Volume 15, Issue 1, June 2024, Pages 785-806 PDF (412.7 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.183586 | ||
| Author | ||
| Abdulkarim Saud Saeed Althiyabi* | ||
| Law Department University of Tabuk | ||
| Abstract | ||
| This paper delves into the theoretical foundations of International Commercial Arbitration (ICA), examining the nuanced debates and perspectives that define this pivotal area of international dispute resolution. Through a comprehensive analysis, the paper navigates the terrain of the four predominant theories in ICA: the Jurisdictional Theory, the Contractual Theory, the Hybrid Theory, and the Autonomous Theory. Each theory offers a distinct lens through which the nature, operational dynamics, and challenges of ICA are interpreted, shedding light on the multifaceted relationship between arbitration practices and the legal frameworks within which they operate. Key findings from this exploration highlight the diversity of thought surrounding ICA, emphasizing the critical role of party autonomy, the influence of state law, and the unique characteristics that define arbitration as an autonomous entity within the global legal order. Practical challenges, including the enforceability of arbitral awards and the interplay between national laws and arbitration agreements, are identified, underscoring the complex interdependencies that shape ICA's application in real-world scenarios. The paper concludes with six strategic recommendations aimed at enhancing the legal frameworks governing ICA, promoting uniformity in the enforcement of arbitral awards, and fostering a more informed and collaborative global arbitration community. By advocating for a harmonized approach that embraces the insights of various theoretical perspectives, the paper proposes pathways for advancing the efficacy, fairness, and global acceptance of ICA as an essential mechanism for resolving international commercial disputes. | ||
| Keywords | ||
| commercial arbitration; law; strategy | ||
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