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International commercial arbitration and state contracts

Authors: Vafakish Sistani, Masoud;

International commercial arbitration and state contracts

Abstract

Whether international commercial arbitration is appropriate as a method of stale contracts dispute settlement is the main question of this thesis. State contracts are different from ordinary commercial contracts, in that, due to the sovereign status of one party and the involvement of public interest, there is a need, recognised by municipal law and international law, for the flexibility in contractual relations. The ability of international commercial arbitration to respond to various needs of international trade have no doubt been among factors contributing to its popularity with the main recipient of its service i.e. the international business community. In particular, the law and practice of international commercial arbitration in popular seats of arbitration have considerably promoted the stability of contractual relations much desired by the business community. Such strong support for the stability of contractual relations is also in line with the broad economic interests of these countries. It is. however, submitted that this overall commitment by international commercial arbitration to the stability of contractual relations is not compatible with the flexibility requirement of state contracts. This work follows a classical structure, in that, various aspects of arbitration including jurisdictional issues, questions of control and procedural remedies, substantive law, remedies and recognition and enforcement of awards will be studied. More specifically, the effects of the developments in national laws and arbitral practice on the arbitration of state contracts will be considered. As well as international commercial arbitration, this work will cover other types of state contracts arbitrations including treaty-based arbitrations such as those conducted within the regimes of the ICSID and the Iran-US Claims Tribunal.

Country
United Kingdom
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Annexe Thesis Digitisation Project 2017 Block 15

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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