RT Article
T1 My experience in arbitration
JF Oñati Socio-Legal Series
VO 1
IS 9
SP 1
OP 6
A1 Witz, Claude 1949-
LA English
YR 2011
UL https://krimdok.uni-tuebingen.de/Record/1693012073
AB 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.
CN 360
K1 Schlichtung
K1 Schiedsgerichtsbarkeit
K1 Arbitration
K1 Dispute Resolution
K1 International Commercial Arbitration
K1 Reasoning in Arbitration
K1 Deliberation of Arbitral Awards
K1 Equity
K1 Conciliation
K1 Mitigation of Damages
K1 Amiable Composition
K1 French and German Arbitration
DO 10.15496/publikation-39150