Paper's abstract

Pierre Tercier, Arbitration and Business
Arbitration is a conventional way to solve disputes once and for all; the arbiters’ sentences have indeed at least the same value as the awards made by state courts. If the law-maker sees them as equivalent, it is because arbitration fundamentally rests not on the will of the parties who are accepting to arbiter. They may decide to arbiter when concluding the contract, and then choose the arbiters and the procedure. However, the extraordinary evolution of the method, its generalization, its wide practice have in part reduced the scope of these foundations: arbitration is more and more asserting itself and the private organisms controlling it play an ever growing role aside the judicial authorities. The author maintains that the quality of arbitration is no longer depending on the quality of the arbiters but also and primarily on the quality, the independence and the dependability of the arbitration institutions.


Key Words : Arbitration – will of the parties – arbitration institutions
t. 53, 2010 : p. 390-403