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RESEARCH PRODUCT

Arbitration: A Piece of the New Paradigm of Justice for the 21st Century

Silvia Barona VilarSilvia Barona Vilar

subject

media_common.quotation_subjectPolitical scienceArbitrationFunction (engineering)Economic JusticeAutonomymedia_commonLaw and economics

description

Arbitration is a piece of the new conception of Justice. The legislators have changed the rules of arbitration and there is a sort of uniform Act of global arbitration. CNUDMI Act is the protagonist of this metamorphosis. With some contractual and jurisdictional elements arbitration is arbitration and this is its real legal nature. Two fundamental elements constitute its essence. The freedom and autonomy of the parties, on the one side, and the exercise of the function of the arbitrators and its effects, on the other. There is not arbitration without them.

https://doi.org/10.2139/ssrn.3511167