A Research on International Commercial Arbitration with reference to the Brexit
S. Sadhana2, S. Bhuvaneswari2
1S. Sadhana*, V th year B. A. LL. B, Saveetha School of Law,Saveetha Institute of Medical and Technical Sciences (SIMATS),Saveetha University, Chennai, Tamil Nadu, India.
2S. Bhuvaneswari, Assistant Professor of Law, Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), Saveetha University, Chennai, Tamil Nadu, India.
Manuscript received on October 16, 2019. | Revised Manuscript received on 25 October, 2019. | Manuscript published on November 10, 2019. | PP: 3344-3347 | Volume-9 Issue-1, November 2019. | Retrieval Number: A9182119119/2019©BEIESP | DOI: 10.35940/ijitee.A9182.119119
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: International commercial arbitration is an alternative method of dispute resolution. It is regarding disputes arising out of commercial transactions conducted across national boundaries and it allows the parties to bypass litigation in their national courts. The aim of the researcher is to understand how the position of London as the favoured seat of Arbitration will change after Brexit. Secondly, the paper also focuses on the use of international arbitration as a tool to solve investor-state disputes. The present paper was analysed through the non-doctrinal research methodology and empirical and descriptive method of research was used. The present analysis was made through random sampling method where the survey was taken from common public, professionals, etc through a structured questionnaire. The sample size in the present analysis is 1669 samples. The research tools used in the present paper are cross tabulation, chi-square and frequency. It can be concluded that the position of London as the popular seat of arbitration will not be affected as the English Law is generally considered as the immediate choice of law for around most of the commercial contracts. Secondly, as far as investorstate dispute resolution is considered, arbitration can become a popular choice in future after the amendments were made in 2017 to make it more transparent and cost efficient.
Keywords: Arbitration, Brexit, Confidentiality, Investor-State Disputes, Jurisdiction, Settlement
Scope of the Article: Residential, Commercial, Industrial and Public Works