Defense of civil rights through arbitration
In most legal systems, the function of judging is considered an attribute of the state as the holder of sovereignty. However, the state is free to provide that, under certain conditions, disputes regarding civil rights can also be resolved through alternative means. This article is dedicated to arbitration as an alternative means of defending civil rights, in particular, the correlation between the judicial and arbitral means; the legal nature of arbitration; regulatory sources, including international, national and private ones; the field of arbitration. The study demonstrates that arbitral tribunals are those "other competent jurisdictional bodies under the law" which, within the meaning of art.15 par. 4 of the Civil Code of the Republic of Moldova, are called upon to defend the civil rights of litigants through an alternative means of justice.
Authors
- Aurel Băieşu (ORCID: https://orcid.org/0000-0002-0218-446X)
Publication Details
- Journal
- Vector European
- Published
- 2025-05-01
- DOI
- https://doi.org/10.52507/2345-1106.2025-1.01
- Primary Topic
- International Arbitration and Investment Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00