Confidentiality and Effectiveness in International Commercial Arbitration: Analyzing the UNCITRAL Model Law and Enforcement Mechanisms
摘要
Arbitration serves as a key mechanism in alternative dispute resolution, offering parties a structured process to resolve conflicts outside traditional court proceedings. It is grounded in mutual consent, enabling disputing parties to submit their conflicts to an appointed arbitrator or tribunal for a binding resolution. The UNCITRAL Model Law on International Commercial Arbitration provides a framework to determine when arbitration is considered international, based on factors such as the parties' locations and the situs of the arbitration. Given its contractual foundation, arbitration is both a flexible and enforceable dispute resolution method. This paper explores the principles governing arbitration, particularly in the context of international commercial disputes while analyzing its procedural and legal implications.