Edited By Vijay K. Bhatia, Christopher N. Candlin and Maurizio Gotti
STEFANIA M.MACI The Modus Operandi of Litigation in Arbitration 69
STEFANIA M. MACI* The Modus Operandi of Litigation in Arbitration 1. Introduction Due to the rapid expansion and growth of international trade, the institution of arbitration has been largely and consistently incorporated into the commercial systems of most countries. Arbitration is, there- fore, a method of amicable settlement of disputes in international trade settings, particularly when parties belong to different legal traditions. Parties are free to choose the way in which they want their dispute resolved. The choice of whether to resolve international commercial disputes through legal jurisdiction or arbitration depends on the type of agreements the parties have signed in the contract, which is gene- rally expressed through the arbitral clause, i.e., an agreement within an international agreement (Seriki 2006). Indeed, as indicated by the Ita- lian Code of Civil Procedure (Article 808), “The parties may establish in their contract or in a separate document that disputes arising out of the contract may be decided by arbitrators, provided such disputes are made subject to an arbitration agreement”.1 Although the agreement is essentially commercial, the resolution of the dispute has a legal effect: “Except in those cases covered by Article 825, as from the date of its * The research on which this chapter is based is part of an international research project entitled International Commercial Arbitration Practices: A Discourse Analytical Study (http://www.english.cityu.edu.hk/arbitration/), headed by prof. Vijay Bhatia of the City University of Hong Kong. It also contributes to the National Research Programme Tension and Change in Domain-specific Genres...
You are not authenticated to view the full text of this chapter or article.
This site requires a subscription or purchase to access the full text of books or journals.
Do you have any questions? Contact us.Or login to access all content.