Ramy Bassily

Abstract

Commercial Arbitration continues to be the most preferable dispute resolution mechanism for business owners and companies. That does not mean, however, that the mechanism is free of defects, as while the legislatures and scholars were working on enhancing the mechanism, they disregarded the basic principles of the rule of law. This thesis points to emphasize the imbalance between the advantages of the arbitration mechanism and the respect of the principles of law. It typifies the effects of this imbalance on the mechanism as a whole. It also suggests some solutions that do not diminish the advantages of the mechanism, but enhance congruence between the mechanism and the legal principles. The thesis, by focusing on a new problem that began to appear, aims to encourage legislatures and scholars to reconsider their liberal approaches with regard to arbitration rules amendments.

Department

Law Department

Degree Name

LLM in International and Comparative Law

Graduation Date

6-1-2013

Submission Date

May 2013

First Advisor

Sayed, Hani

Committee Member 1

Beckett, Jason

Extent

47 p.

Document Type

Master's Thesis

Library of Congress Subject Heading 1

Arbitration agreements, Commercial.

Library of Congress Subject Heading 2

Intertiol commercial arbitration.

Rights

The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.

Institutional Review Board (IRB) Approval

Not necessary for this item

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