International legal arbitration during COVID-19

Malhotra, Ankit (2021) International legal arbitration during COVID-19. [Working papers (or Preprints)]

[thumbnail of Malhotra2021 (3).pdf]
Malhotra2021 (3).pdf

Download (272kB) | Preview


Once Hugo Grotius said in his book that there are two types of an arbitrator, one who is acting in the capacity of a judge and allowing every rule of law with the procedure. The other kind of arbitrator is who follows the concept of equity principle and the same can be linked to the law of merchant which can be further connected to the arbitration by using the rules of custom as well as trade. The main reason to undergird the use of arbitration in the commercial transaction was to eradicate the absurdity of court rules, and there was no uniformity concerning the applicability of laws. Earlier, the hoary concept of law of merchant was also prevalent, which gave rise to formation and enforcement of its rules in arbitration. The idea of Lex Mercatorian gave rise to the use of usage and customs which merchants followed and were earlier prevalent in Europe.

Item Type: Working papers (or Preprints)
Keywords: Arbitration | International legal arbitration
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 15 Mar 2022 07:20
Last Modified: 15 Mar 2022 07:20
Official URL:


Downloads per month over past year

Actions (login required)

View Item
View Item