BARRIERS OF COMMERCIAL ARBITRATION IN BANKING ISSUES IN LIGHT OF THE UNCITRAL ARBITRATION RULES.

Dr. Nashat Mahmoud Abdalla Jaradt, Faculty of Law, Private Law Department, King Fisal University, KSA

Published in

JOURNAL OF ACADEMY OF BUSINESS AND ECONOMICS
Volume 16, Issue 1, p47-56, March 2016

ABSTRACT

This paper deals with how UNCITRAL rules are applied in terms of commercial banking issues. Therefore, this study shows whether any barriers or obstacles to commercial arbitration exist in relation to banking issues within the context of the UNICTRAL arbitration rules. The research shows that while different countries have different rules relating to arbitration these rules do not always align with UNICTRAL rules, which could create arbitration issues despite the application of UNCITRAL. It can be seen that certain laws in countries globally are not written in a way that would allow for arbitration on every commercial instance and further complexity arises when contractual dealings are done both through national and international means in determining which jurisdiction should be recognized in the matter. The study followed the analytical methodology and provided a review of previous and current relevant studies related to the issue of barriers of commercial arbitration in banking.

Keywords

United, Nation, Commission, International, Commercial, Banking, Arbitration


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