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Projects / Programmes source: ARIS

International arbitration

Research activity

Code Science Field Subfield
5.05.00  Social sciences  Law   

Code Science Field
S110  Social sciences  Juridical sciences 
Keywords
arbitration, peaceful settlement of disputes, international dispute, means of peaceful settlement of international disputes, international arbitration, legal means of dispute settlement
Evaluation (rules)
source: COBISS
Researchers (4)
no. Code Name and surname Research area Role Period No. of publicationsNo. of publications
1.  04992  PhD Borut Bohte  Law  Researcher  2002 - 2003  169 
2.  05827  PhD Franc Grad  Law  Head  2004  478 
3.  13780  PhD Miha Pogačnik  Law  Researcher  2002 - 2003  398 
4.  20410  PhD Miša Zgonec-Rožej  Law  Researcher  2002 - 2004  44 
Organisations (1)
no. Code Research organisation City Registration number No. of publicationsNo. of publications
1.  1608  Institute for Comparative Law Studies, Faculty of Law, University of Ljubljana  Ljubljana  1196294000  6,054 
Abstract
International arbitration, as an institute of international public law, falls within the framework of peaceful settlement of international disputes. International arbitration is one of the means for peaceful settlement of disputes. International disputes, which arise between different subject of the international law, are subject to the resolution by peaceful means. In this framework the research is going to focus on study of principles of international law with special regard to the principle of peaceful settlement of disputes and the notion of the international dispute. For clearer understanding of the international arbitration it is necessary to investigate the position and particularities of arbitration within the system of means of dispute settlement. To this aim it is indispensable to prepare an overview of existing means of dispute resolution. The second part of the research is going to tackle with detailed inspection of arbitration from the beginning of her existence through historical development. The emphasis will be on the nature of arbitration, types and forms of arbitration. Additionally, we will focus on jurisdiction (subjective, objective and temporal jurisdiction) and constitution of arbitral organ. From formal point of view it is necessary to study rules of procedure, expenses, applicable law of the arbitration procedure and the nature of arbitral award. Third part of the research is going to deal with the models of different arbitration procedures in accordance with international or regional instruments, adopted universally or within regional organisations. Analytical survey of international judicature and practice will follow the former stage of the research. The application of arbitration procedures will be examined on the grounds of the case studies. Comparative and analytical method will be used to research common attributes and different characteristic of applied procedures in concrete examples.In the scope of the concluding part of the research we will present evaluation of the arbitration as a means of dispute settlement on general and preparation of the guidelines for the eventual application of examined procedure in resolving boundary and delimitation disputes between Republic of Slovenia and Republic of Croatia.
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