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International arbitration is a leading method for resolving disputes arising from international commercial agreements and other international relationships. As with arbitration generally, international arbitration is a creation of contract: the parties' decision to submit disputes to binding resolution by one or more arbitrators selected by or on behalf of the parties and applying adjudicatory procedures, usually by including a provision for the arbitration of future disputes in their contract.〔Gary B. Born, International Commercial Arbitration, 187, 197, 217 (2009); Julian M. Lew, Loukas A. Mistelis & Stefan M. Kröll, Comparative International Commercial Arbitration 1-10 to 1-11, 6-1 to 6-6 (2003)〕 The practice of international arbitration has developed to allow parties from different legal and cultural backgrounds to resolve their disputes, generally without the formalities of their respective legal systems. == Features == International arbitration has enjoyed growing popularity with business and other users over the past 50 years. There are a number of reasons that parties elect to have their international disputes resolved through srbitration: the desire to avoid the uncertainties and local practices associated with litigation in national courts; the desire to obtain a quicker, more efficient decision; the relative enforceability of arbitration agreements and arbitral awards (as contrasted with forum selection clauses and national court judgments); the commercial expertise of arbitrators; the parties' freedom to select and design the arbitral procedures and confidentiality. International arbitration is sometimes described as a hybrid form of dispute resolution, which permits parties broad flexibility in designing arbitral procedures. For example, the International Bar Association (IBA)'s Rules on the Taking of Evidence in International Commercial Arbitration, revised in 2010,〔()〕 do not adopt common law broad disclosure procedures (discovery) or follow the civil law in eliminating entirely the ability of engaging in some disclosure-related practices. The IBA Rules blend common and civil systems so that parties may narrowly tailor disclosure to the agreement's particular subject matter. David Rivkin,〔()〕 who chaired the committee that drafted the rules, has noted that the wide adoption of these rules in international arbitration has led in practice to an unexpected use by common law practitioners to limit disclosure and by civil law practitioners to expand it. With a possibly more intuitive cause and practical effect, arbitral tribunals will often read party election of the IBA Rules as an election most akin to US-style discovery, which is hardly surprising, given the Rules' language and the IBA's close ties, through the years, to the American Bar Association (ABA). Rules of evidence represent just one example of the different practice applting to international arbitration and distinguishong it from provincial forms of arbitration rooted in the procedures of a particular legal system. There are several approaches to international arbitration at the national level, even where model laws have been adopted. These approaches can be further impacted by (arbitral rules ) that may be agreed between the parties. Similarly, international arbitral practice has given rise to its own non-country-specific standards of ethical conduct, which are believed to apply in international proceedings and, more to the point, to the arbitrators appointed to conduct them.〔http://www.ibanet.org/images/downloads/guidelines%20text.pdf〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「international arbitration」の詳細全文を読む スポンサード リンク
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