National Arbitration

23.07.2016
10:11
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National Arbitration and international arbitration. The National Arbitration is when all the arbitration procedure as well as their effects are conducted in a single State. Conforme_a article 91 of the General Act of arbitration, an arbitration is international if: 1) parts of an arbitration agreement have, at the time of the conclusion of the Convention, their domiciles in different States. ((2) One of the following places is situated outside the State in which the parties have their domicile: to) the place of arbitration, if this has been determined in the arbitration agreement or pursuant to the arbitration agreement. (b) the place of performance of a substantial part of the obligations of the legal relationship or the place with which the subject matter of the dispute has a relationship closer. For the purposes of this article if a party has more than one address, the address will be that keep a relationship closer with the arbitration agreement; If a party does not have any domicile, habitual residence be taken into account. The General arbitration law is divided into two sections that are as follows: first section that regulates the national arbitration (article 1 to 87), and the second section that regulates the international arbitration (article 88 to 131).

Arbitration of equity or conscience and arbitration law. The arbitration of equity is characterised by that it is resolved according to their skills and knowledge and understanding. Arbitration is right when the arbitrators resolve the issue controversial pursuant to the applicable law. In accordance with the third paragraph of article 3 of the General Act of arbitration unless the parties have expressly agreed that the arbitration will be entitled, arbitration shall be conscientious. In accordance with article 25 of the Act the appointment of arbitrators of right must be lawyers. As case law arbitration or arbitration of consciousness, we can speak of law award and an award of conscience.

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