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.

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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
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article

Defense of civil rights through arbitration

Aurel Băieşu
Vector European
International Arbitration and Investment Law
article

Defense of civil rights through arbitration

Aurel Băieşu
article en

Abstract

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.

Vector European(1)
Openalex Percentile: Top 82%
International Arbitration and Investment Law
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