ABSTRACT

Certain types of arbitrations address the needs and technical requirements of certain industries (for example, the maritime, construction and financial industries). In response to those needs and technical requirements, special arbitral systems and rules have usually been developed by particular organizations for those industries. This chapter deals with disputes in such industries. On the other hand, certain commercial disputes involve not just private rights, but also the public interest. Examples of these are disputes in relation to intellectual property rights and the maintenance of fair competition. Where a dispute has public ramifications, an arbitral tribunal may have to consider whether the dispute is capable of being resolved through arbitration and (if so) where to strike the balance between conflicting private and public interests. The chapter then deals with commercial arbitrations having this mixed public and private nature.