Abstract EN:

Arbitration, the most widespread means of settling commercial disputes, fulfils the needs of the world of international trade better than other procedures. This form of settlement hinges on the determination with which the litigants implement the letter as weil as the spirit of the law in the various aspects and stages of the arbitration. The State maintains a certain control over the evolution of settlements that are negotiated on its territory by fixing the legal requirements of the arbitration agreement and by reserving sole competence in the settlement of certain lawsuits. It wields its authority by means of the intervention of the forces of law and order in compliance with the arbitration agreement (in cases concerning the feasibility of arbitrating a dispute) and also when the arbitral decision is enforced. Indeed, the prerogatives of the litigants are limited by the interventions and the requirements of the State. It is worthy of note that international commercial arbitration, despite governmental control, is progressively freeing itself from state laws and is becoming autonomous due to a current of liberalism that is followed by the states and the decisions of the centres of arbitration.