The principles of adversarial procedure and equality in international commercial arbitration

Abstract

The article deals with the principles of competition and equality of procedural justice as the basic principles governing the cases to international commercial arbitration. On the basis of international normative acts are examples of the above principles.

International arbitration - one of the oldest means of peaceful settlement of international conflicts. As national courts it operates in accordance with established principles.

The principle of competition. Competitiveness - is conducting the trial, which is the race of the parties, that the struggle of people participating in the trial. This definition of competition can be considered from the standpoint of competition persons involved in the case when their independent actions effectively limit the ability of each party to unilaterally influence the outcome of the arbitration.

The principle of procedural equality of arms. This principle is one of the specific (functional) principles of arbitration (arbitration) proceedings, under which interested parties have the right to exercise their procedural rights. These principles arbitration proceedings are closely connected and together form a system.