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| Natura: | Recurso digital |
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Zenodo
2026
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| Accesso online: | https://doi.org/10.5281/zenodo.20019325 |
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Sommario:
- <p>This article examines the views on the powers of arbitral tribunal in the course of one or another historical period, the development of which contributed to the separation of international commercial arbitration from judicial and extrajudicial methods of dispute resolution. The purpose of this article is a justification of approach on the compatibility of a dispute settlement facilitation with the powers of arbitral tribunal. Long-term confusion of the arbitration with the mediation or conciliation has led to the formation of opposite positions on this issue. The existence of various approaches is due, among other things, to the separation of international commercial arbitration from the public justice system by recognizing it as a jurisdictional body based on the parties’ will. However, the empowering of arbitral tribunal to reconcile the parties depends not only on the legal culture peculiarities as to, for example, the countries of the Asian continent, but on the granting of this power to state judges by civil procedure legislation in a number of legal orders of the continental and common law. The concern is that an arbitrator can sit both in a neutral and an active position in dispute settlement facilitation between the parties. The second situation entails a high risk of gaining access to information that the parties would not have provided during the arbitration procedure. It is recommended both to obtain consent and discuss conciliation options in the presence of the parties, and not to take into account or disclose potentially confidential information to the other party during the process. General and private methods of scientific cognition are used in the course of research. The results of this article lead to the conclusion that subject to the principles of impartiality, equal treatment and fair trial the arbitral tribunal, like no other, can choose the due time to propose to the parties before the oral hearing an amicable settlement of dispute</p>