My experience in arbitration
- Autores: Claude Witz
- Localización: Oñati socio-legal series, ISSN-e 2079-5971, Vol. 1, Nº. 9, 2011 (Ejemplar dedicado a: Autonomy and Heteronomy of the Judiciary in Europe / coord. por Joxerramon Bengoetxea Caballero, Heike Jung), 6 págs.
- Idioma: inglés
- Enlaces
-
Resumen
This paper deals with the nature of arbitration as one of the alternatives in dispute resolution processes different from mediation and conciliation, and obviously, from judicial adjudication. Unlike a mediator or a conciliator, an arbitrator is empowered to pass a judgement, like a court. In other words, the arbitrator will render a decision which is binding for the parties. The arbitrator has the jurisdictio, like a judge. Although the office of a judge and an arbitrator is the same, the source of their power is different. The judge�s power originates from a State, whereas the power of the arbitrator results primarily from a contract. Unlike the court, the arbitrator lacks the imperium, i.e. the power to make the award enforceable. When a party refuses to enforce the award, enforceability can only be provided by the judge or an authority of the state where the award has to be enforced. In a certain sense the state thus provides the back up for the arbitration system. This paper presents personal thoughts drawn from the author�s professional experience as an arbitrator in Franco-German disputes.
