Obstacles To International Trade Arbitration Proceedings And Ways To Address Them (Comparative Study)

Abstract

International trade arbitration is undoubtedly an important and prominent place in international trade ، which is a major pillar of the economies of states ، particularly developing countries ، and it was therefore natural that the provision of appropriate possibilities to attract and encourage such trade would be of interest to them ، and a fundamental objective of most of their policy. In the absence of an international judiciary ، disputes over international trade arose between persons from different States ، or between a State and nationals of another State. Because of the complexity and length of the proceedings ، contrary to the speed and breadth of normal litigation procedures required in contemporary life ، particularly in the area of international trade relations and their breadth in various areas ، everyone is looking for ways to resolve such disputes away from the constraints of national legal systems and to replace them with new means that give them broad powers to choose alternatives to dispute resolution. In view of the importance of arbitration at the international level ، several international centers specializing in the resolution of existing disputes have been established through arbitration ، as well as several national legislations has been enacted to regulate the idea and has been concerned with the development of a legal arbitration regulation ، which deals with the agreement and identifies disputes that may be brought before it ،
and simplifies how the procedural rules are chosen. International trade arbitration is one of the most important and best means of resolving commercial disputes ، both domestically and internationally ، as a result of the advantages of this system ، which has become a prominent feature of national and commercial transactions across states and which we have been looking into through this legal study.