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Published byMarybeth French Modified over 9 years ago
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Deciding on the right dispute resolution process: Arbitration Justin Michaelson
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1.It is a truly private forum Not publicly listed. Concept of “inherent confidentiality”: Moscow City Council case.
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2.Provides a flexible procedure Not every dispute suits one level of regulation. Adapting to the parties’ needs.
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3. Choosing your own “judges” Very often, allows the parties to select their own ‘arbitrators’ Party autonomy.
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4.Speed of process It can be, but is not always, quicker than litigation.
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5.Compatibility with other methods of non-binding dispute resolution process Arbitration can easily dove-tail into other non- binding processes of dispute resolution. The “Mediator-Arbitrator”.
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6.Enforceable within the EU, through the exemption under Brussels Regulation 44/2001 ‘Arbitration’ agreements work more effectively than exclusive jurisdiction clauses. Strategic use of Exclusive Jurisdiction clauses. Through Transport and The Front Comor
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7.Facilitates the resolution of cross-border disputes International Arbitration is intended to provide a “jurisdiction-neutral” approach.
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8.“International” Arbitration Awards are Immediately enforceable International Arbitration awards are immediately enforceable in over 140 countries. The same is true of domestic Awards, although the regime is a little less stringent.
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Conclusions Flexible process Judges with suitable expertise Guided by party autonomy Confidentiality
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