Topic > Essay on International Commercial Arbitration - 686

It has become common to talk about international commercial arbitration since the beginning of the 20th century. The development and growth of the interdependence of the global economy and the forces of globalization have contributed to strengthening the concept of international commercial arbitration. Today, economic and business experts say that no business is purely local, as even the smallest local companies are affected by global events. Globalization has helped eliminate barriers and people are more connected than they were before. Advanced technology and transportation have also fueled and accelerated the process of connectivity. The migration of ideas, artefacts and people has been a constant part of human history, but what is new is the speed with which such migration is now being accomplished and the relative weakness of the barriers that hinder them. Along with the reduction of barriers comes global competition and in today's world all business is international. Globalization means greater competition, which means that a nation's investment, production and innovation are not limited by national borders. It is no longer possible for an economic or political change in one country to occur without causing effects on the entire world market. For example, a terrorist attack in New York will affect international stock markets. A civil war in Africa will increase the price of goods on the international market. The intensification of global social relations that connect distant locations such that local events are shaped by events happening many miles away and vice versa. This has become possible because of the technological infrastructure provided by telecommunications, the information system, from microelectronic equipment'…… means of paper…… apply in their dispute, when it occurs, through international commercial arbitration.2.2.5. Difference between National Arbitration and International ArbitrationThe modern view is that arbitration is governed by the law of the place where it takes place. Therefore, in this sense, any arbitration that takes place within a State is a domestic arbitration in that State. However, many states distinguish between arbitrations that are considered domestic and those that are considered international. One consequence is that the dispute must be of an international nature, i.e. between parties to two different national laws. Another is to consider the nature of the transaction; it is a transaction that takes place in a State other than the seat of the arbitration or that takes place in two or more States.