The Need, Development, and Benefits of Commercial Arbitration in Afghanistan

Abstract

Aim: Commercial arbitration is considered to be one of the best and widely accepted mechanisms for resolving commercial disputes in the world today. However, on the one hand, as a member state of the international community, with regard to foreign investment and commercial development in Afghanistan, to what extent does Afghanistan need commercial arbitration in its jurisdiction? How much attention has been paid to the and finally, what are the benefits and advantages of this dispute resolution mechanism for the opposing sides of commercial disputes? All of these queries have been analytically discussed in this research. In this study, the efforts made in Afghanistan are evaluated. The basic purpose of the subject is to evaluate the need and development of commercial arbitration in Afghanistan and to reveal its benefits to foreign and domestic businessmen and companies so that businessmen and companies in Afghanistan can resolve their commercial disputes through a cheap, easy and efficient arbitration mechanism which ultimately paves the way for encouraging greater foreign investment and trade in Afghanistan.
 Methods: In this research, the bibliographic approach has been used and the strategy of presenting the research information is descriptive and analytical.
 Results: The findings of the research show that Afghanistan accepted commercial arbitration as a mechanism for resolving commercial disputes in its jurisdiction almost decades ago, and today it has created many laws for its more efficiency. In addition, it has also practically created arbitration centers and institutions for the resolution of commercial disputes and even created some educational programs for the training of professional arbitrators and expert in this field.
 Recommendation: To a noticeable extent, Afghanistan has paid significant attention to the development of arbitration, it still needs to establish countrywide arbitration centers, enact new procedural laws to enforce arbitral awards and ultimately it needs to institutionalize the use of arbitration mechanism in its legal system.