Disputes over international trade contracts

between national jurisdiction and arbitral jurisdiction

Abstract

Most of the legal systems compared recognize the possibility of protecting the interests of contracting parties in the field of international commercial contracts in accordance with established judicial protection, but this can be achieved by a mechanism other than recourse to national jurisdiction through recourse to alternative mode of arbitration. Respecting the will of the contracting parties, they may agree to submit their disputes to a special and specialized jurisdiction; the latter was created to ensure justice and appropriate considerations for international commercial contracts. The comparison between the competence of the national court and the arbitral judicial power to settle disputes in international commercial contracts is by seeking the most appropriate court which offers the most guarantees and facilities to realize the spirit of transactions and contracts international commercial arbitration, and perhaps resorting to international commercial arbitration.