M. FAZLIA, Drita (2020) LIMITING THE AUTONOMY OF THE PARTIES' WILL UNDER THE MACEDONIA'S INTERNATIONAL COMMERCIAL ARBITRATION LAW. JUSTICIA - International Journal of Legal Sciences, 8 (13-14). pp. 52-57. ISSN 2545 – 4927
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Text (LIMITING THE AUTONOMY OF THE PARTIES' WILL UNDER THE MACEDONIA'S INTERNATIONAL COMMERCIAL ARBITRATION LAW)
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Abstract
The autonomy of the parties' will is a key element in determining the legal framework for resolving a dispute through contracted arbitration. However, this does not mean that the autonomy of the parties' will is unlimited. Although each State allows the organization and resolution of disputes through arbitration, nevertheless does not relinquish its monopoly on the defense of matters related to public order and, in this respect, with particular norms anticipates concrete limitations pertaining the autonomy of the parties' will, thus national limitations are the only norms that precede the authonomy of the parties' will. In 2006 Republic of North Macedonia adopted a law on international commercial arbitration that also foresees these limitations. The purpose of this paper is to analyze and present these limitations of the autonomy of the parties' will and at the same time to determine and meet the conditions for a dispute to be convenient to settle by way of arbitration and give an answer of who is competent to resolve those disputes that do not meet the requirements determined with law regarding the suitability of the case and the party in order to be part of the arbitration procedure for the resolution of the particular dispute.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | autonomy of the parties' will, arbitrariness, objective arbitrariness, subjective arbitrariness, authonomy limitation |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Law |
| Depositing User: | Unnamed user with email zshi@unite.edu.mk |
| Date Deposited: | 26 Nov 2020 10:13 |
| Last Modified: | 26 Nov 2020 10:13 |
| URI: | http://eprints.unite.edu.mk/id/eprint/690 |
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