1. ADVANTAGES AND DISADVANTAGES OF ICA
Created by: Veronika Kornelová, Vendula Mankovecká, Martin Bandouch, Jan Čeněk

2. OUTLINE Introduction Advantages Disadvantages Definition of ICA
Characteristics
Advantages
Disadvantages

3. What is international arbitration?
a means by which international disputes can be resolved, pursuant to the parties´agreement by independent, non-governmental decision-makers
many other definitions

4. Characteristics of Commercial Arbitration
arbitration is generally consensual
arbitrations are resolved by non-govermental decision-makers (private persons)
arbitration produces a binding award
arbitration is comparatively flexible

5. Pros x cons the popularity of arbitration has increased significantly
this popularity reflects important advantages
Despite these advantages,
ICA also has significant
shortcomings

6. ADVANTAGES

7. The choice of arbitrators
distinguishes arbitration from litigation
the parties are free to choose thein own tribunal
sometimes the choice may be delegated to a third party such as an arbitral institution

8. An enforceable decision
the arbitral tribunal will issue its decision in the form of an award
three points need to be made:
the end result of the arbitral process will be a binding decision
the award will be final
the award will be directly enforceable by court action, both nationally and internationally

9. Flexibility and confidentiality
no standard book containing detailed procedural rules
parties and arbitratores are free to work out for themselves

10. Informality Arbiters act in arbitration as the private persons
Arbitration is less formal
(Parties may agree how the arbitrators
must proceed)

11. Impossibility of appeal
There is only one instance that can be used
(it means that by edition of award the arbitration ends,
it´s exceptional that the award can by reviewed)

12. Quickness and flexibility
Arbitration is much faster
(there can also be acellerated arbitration
- the award must be edited within one month for example)

13. Spending money The arbitration is much cheaper
(there isn´t obligatory presence of lawyer
+ there´s only one instance

14. Less problems whith enforcement
Enforcement is quite easy
(There is more than 100 states that are members of NY convention)

15. DISADVANTAGES

16. Only one instance
there is no arbitration authority to appeal

17. Limited powers of arbitrators
No precautionary measures
Questioning of an expert or witness only with their consent

18. Inconsistent decisions of arbitrators
no instance, which would unite the decision-making practice of arbitrators
see you later litigator?

19. Possibility of relation between arbitrator and one party
Private arbitrators
Financial, personal, profesional relations

20. Difference between individual legislations in the question of arbitrability
What is arbitrability ?
Arbitrability of dispute means what is allowed to be arbitrated
Example
Property disputes or disputes where parties can conclude a settlement
Non arbitrability
Cases that can be started without a proposal
Arbitrability in indiviual legislations can differ
Question is: Is arbitrability a National or International Law Issue?

21. Unability to join related disputes
We can not join related disputes in ICA
It could save a lot of time and money 

22. Unexistance of enforcing power
The process of arbitration can be affected by attitude of one party –
Wants to extand the time of arbitration – avoiding arbitration, delaying
By the unexistance of enforcing power, it´s difficult to be protected from said above

23. Bibliography
A. J. van den Berg: International commercial arbitration: important contemporary questions. The Hague: Kluwer Law International, 2003
Gary, B. Born International Arbitration: Cases & Materials. New York: Aspen Publisher, 2011
Redfern, A., Hunter, M., Blackaby, N., Partasides, C.  Law and Praktice of International Commercial Arbitration. 4. vydání, London: Sweet and Mawxell, 2004

24. There is but one law for all, namely the law which governs all law, the law of our Creator, the law of humanity, justice, equity - the law of nature and the law of nations.                                                                                                                                           Edmund Burke ( )

25. Thank you for your attention