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Asian Journal of Research in Social Sciences and Humanities
Year : 2014, Volume : 4, Issue : 6
First page : ( 292) Last page : ( 302)
Online ISSN : 2249-7315.

The Four legal Theories of International Commercial Arbitration

Savadkouhi Saber Habibi*, Savadkouhi Sadegh Habibi**, Dr. Bashiri Akbar***

*Research scholars in International Trade Law, Department of law, University of Mysore

**Research scholars in International Trade Law, Department of law, University of Mysore

***Faculty Member, Department of Humanities, Maragheh Branch, Islamic Azad University, Maragheh, Iran

Online published on 11 June, 2014.

Abstract

The main purpose of the study seeks to understand two main questions; 1) what is the conceptual framework of arbitration theories? And, 2) whether all theories are successful and fruitful? Recent arbitration law was developed much further than it was talked in theories. Particularly in the last decades, the lack of valuable published research paper by academic, professional bodies and commercial organization demonstrated that, this topic is neglected academically in spite of being potentially problematic. It needs a serious revision. The method which is used in this study is descriptive research method. The sources of this paper are based on the most recent commentary, research articles, books, international institutional and court decisions that were reported and referenced in selected international and regional journals. The unambiguous and uncertainty of arbitration theories, clearly run the big risk of impinging upon arbitration as an effective method of dispute resolution. Due to this fact, all potential bodies should dispel many of doubts with regard to the scope of arbitration theories and a transparent distinction should be made among all types of theories.

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Keywords

Arbitration, the Contractual theory, the Jurisdictional theory, the Mixed theory, Hybrid theory, Autonomous theory.

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