ABSTRACT
Arbitrationwas considered to be in derogation of one’s fundamental right to access the public judicial system. Arbitration is the settlement of a dispute or question at issue by one to whom the conflicting parties agree to refer their claims in order to obtain an equitable decision. It has to be taken into account that arbitration is not purely a contractual matter between the parties: national laws and international conventions also recognise a judicial function to arbitration. Arbitration clauses are common in complex contracts involving large sums of money and it is often easier to enforce awards abroad than court rulings, but arbitration does presuppose the good faith of the parties and it is not uncommon for parties to protract the procedure by challenging an arbitration matter before the courts.
