Κατεύθυνση Ιδιωτικό Διεθνές Δίκαιο και Δίκαιο Διεθνών Συναλλαγών
Library of the School of Law

2018-03-04

2018

Karalidou Sofia

Χάρης Παμπούκης, Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Ελίνα Μουσταΐρα, Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ
Χρυσαφώ Τσούκα, Αναπληρώτρια Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ

Τα ΝΠΔΔ στη Διεθνή Διαιτησία

English
French
Greek

Legal Entities of Public Law in the International Arbitration

In the field of international trade relations and investments the dynamic presence of the state is observed both in its narrow and broad sense. The State and other legal entities governed by public law act to achieve their objectives by legal and material actions. The legal action of the public administration is manifested either by unilateral legal acts (individual or regulatory administrative acts) or by bilateral (conventions). Although the unilateral administrative act is the most frequent form of legal action of the public administration, the modern sovereign administration, in order to adapt to the ever changing economic and social conditions, also uses the instrument of the administrative convention for the occurrence of legal consequences. The State concludes public service concession contracts to a private contractor, the granting of privileges such as monopoly exploitation of a resource, foreign capital imports and productive investments. In particular, this is the case when it comes to harmonizing opposing interests, creating legal situations and positions, shifting obligations, smoothing out differences of opinion, exploiting specific situations and relationships or avoiding unilateral action. Because, due to the parity of the parties' wishes, the sovereign power of the public administration bodies subsides and private individuals are not "the object of administration", the administrative agreement is the appropriate mechanism for reducing administrative superiority. The aim is to achieve the coincidence of two declarations of will, whose aims may be common, different or sometimes competitive. The interests of the two parties are usually different as the state intends to satisfy a public interest while the individual seeks primarily to generate profit. The boundaries between public and private law are becoming more fluid. The individual- counterparty enjoys the protection afforded by private law and the protection afforded by public international law to the treaties concluded between the State whose nationality it bears and the State with which it negotiates and concludes contracts. Thus, the various forms of arbitration dispute resolution (international commercial, investment arbitration), as well as mediation and other amicable methods offer the state party unlimited advantages, such as substantial effect, speed, low cost, secrecy-advantages that often do not provide the recourse to regular justice. This is the reason why is the most appropriate method for resolving trade disputes and investment disputes, and is expected to play a leading role in the future by replacing courts as judicial institutions, creating a new legal reality.
In this context, I undertook the elaboration of this diplomatic work in order to deal with a new scientific field, that of the appeal of the Public Legal Entities in International Arbitration, and to investigate the conditions to be met for its admissibility. Let us ask ourselves how the individual state entities differ from the actual existence of the state in the sphere of the international arbitration dispute resolution that arises ad hoc. By addressing this issue, I have sought to extend my knowledge of the contractual action of the public administration, to examine its relationship with international arbitration, to investigate existing case law on these issues, and to enrich my knowledge of the new Institution of international arbitration. It is worth noting, however, that the existence of international arbitration as an alternative form of dispute resolution is a real innovation, and to date constitutes the most attractive method of assisting state justice, especially for matters of overriding general interest.

Law and Legislation

Private international law

International commercial arbitration, international commercial dispute, institutional arbitration, ad hoc arbitration, applicable law, venue of arbitration, arbitration clause, Submission agreement, arbitral award, International Chamber of Commerce, arbitration of ICC, Alternative Dispute Resolution (ARD), Amicable Dispute Resolution, International commercial mediation, Third Neutral, commercial diplomacy.

Yes

3

Yes

105

121

File access is restricted only to the intranet of UoA.

https://pergamos.lib.uoa.gr/uoa/dl/object/2680663