The concept of arbitral tribunals and their distinctive features from state courts

Abstract

This thesis examines the concept of arbitral tribunals and the features that distinguish them from state courts. It traces the historical roots of arbitration from traditional societies, ancient Greece and Rome, and the medieval Lex Mercatoria to the modern era, and analyzes the legal definition of an arbitral tribunal under the Law “On Arbitral Tribunals” of the Republic of Uzbekistan. The author compares arbitration and state courts according to the source of jurisdiction, the range of disputes, the selection of judges, openness, and the enforcement of decisions. The main conclusion is that an arbitral tribunal is not a competitor to the state court but a complementary mechanism, and that developing this institution is especially relevant given the heavy caseload of the courts.