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International Arbitration with Special Focus on Bahrain
Bok av Goel Shivam
One of the intrinsic beliefs of law can be expressed through the legal maxim consensus facit legem that is "consent makes the law". The docket explosion that exists in the domestic litigation and the confusion that exists in regards to the laws applicable in the international sphere have found recluse in arbitration. Arbitration has been used for centuries, with Plato writing about the same amongst the ancient Greeks. In modern times, with expansion and globalisation of cross border investment, the trade, commerce and intercourse has increased manifolds, but at the same time complications in regards to commercial relationships as existing between the business organisations, investors and States have also complicated. When the business relationships go sour and the business-deals go ugly, parties to the dealings seek the best amicable means to resolve the disputes. In many cases they opt for alternate dispute resolution methods such as arbitration, conciliation and mediation for resolution of disputes. International community is fast realising the effectiveness of arbitration as a means for resolution of disputes, and so is Bahrain with the establishment of the BCDR-AAA.