CEU Electronic Theses and Dissertations, 2011
| Author | Demeter, Dalma Reka |
|---|---|
| Title | Cohabitation and Conflict between Different Sources of Norms Regulating International Commercial Arbitration |
| Summary | The present thesis aims to be a comparative analysis of the different sources of norms regulating international commercial arbitration with the scope of identifying the possible conflicts between such sources, and offering possible solutions to avoid or to solve the conflicts whenever occurring in practice. The sources of norms made subject to this analysis are: party autonomy, arbitration rules, state legislation, international conventions, and other non-legal norms (like scripts and customs) influencing the different phases and elements of arbitral proceedings – from the mere existence of arbitration to the recognition and enforcement of arbitral awards. Research and analysis are limited to international and commercial arbitration, as well as to procedural aspects regulated by the different sources of norms; the relationship between these sources being primarily in relation to party autonomy (i.e. party autonomy v. arbitration rules; party autonomy v. national laws; party autonomy v. international conventions) and then between each other (i.e. rules v. laws, laws v. laws, national v. international norms), with the religious and socio-cultural influences affecting party stipulations, arbitration rules and laws equally. |
| Supervisor | Varady, Tibor |
| Department | Legal Studies PhD |
| Full text | https://www.etd.ceu.edu/2011/demeter_dalma.pdf |
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