The delocalization of arbitration

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Name: Course Name: Course Instructor: Date of Submission: The Delocalization Theory in International Commercial Arbitrations Introduction International commercial arbitrations are common in most global business due to the contractual relations that have extended to the international economic platforms. As such, disputes arise among sovereign states and private corporations from different foreign companies. The international business interactions result from the increase in international competitions, globalization, the galloping trends in the technological innovations, and the economic growth of the developing countries globally. International commercial arbitrations are characterized by being governed by either national laws in the State or those in the seat of arbitration (Barry 299). The delocalization of international commercial arbitrations begins when the involved parties agree to forgo the conventional court system. The delocalization of international commercial arbitrations is based on the idea that the arbitration process is independent of barriers that are set by laws (Bhatia, Christopher, and Maurizio 45). The delocalization of international commercial arbitrations gives party autonomy more leverage as the basic principle for arbitration processes. The arbitration agreement, therefore, gives the warring parties the freedom to choose the entities to adjudicate over their case. International arbitrations entail different jurisdictions such as different residences for the parties, different places where the contracts were performed, and arbitrators. Delocalization, as such, was launched from the pad that exposes the highly entrenched national laws that

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