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International Arbitration

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  1. Introduction
  2. Definition and description of international arbitration
  3. Two types of arbitration
  4. Arbitration advantages and disadvantages
  5. The different steps of an international arbitration resolution
  6. Conclusion

With the growth of the business and financial world, it is more important for all these companies to have a quick and efficient method to resolve the possible disputes that can occur: this alternative dispute resolution method is the Arbitration. Definition and description of international arbitration: Arbitration is a method often used for resolving disputes. We are talking about international arbitration when it deals with disputes resulting from international commercial agreements or any international relationships.

Arbitration is a voluntary process of dispute resolution where a neutral third party, the arbitrator, gives a final and binding decision after that each side had an opportunity to present its own view of the dispute. Most of the companies use the arbitration when they want to settle a dispute with another company, they indeed want to avoid going in front of national courts that they usually don't know and they want to have a quicker, private and more efficient way to settle their disputes, in order to maintain their business relationship.

The parties should specify in an arbitration agreement or an arbitration clause whether the disputes will be subject or not to the arbitration. The clause has to be inserted in the contract, however the arbitration agreement can be formed during the negotiation of the contract but also after the disputes occurs, and it has to be inserted in the contract as well. Arbitration is not a judicial process; it is not operated by the court system but by impartial arbitrators selected by the parties. International Arbitration can be directed by one or three arbitrators, the site, the format, the scope of arbitration should have been all decided by the parties in the arbitration clause.

[...] Two types of arbitration International arbitration can be conducted either Ad Hoc or through an established arbitration institution. In the institutional arbitration, the parties have to decide under which arbitral institution's rules (for example the rules of arbitration of the international chamber of commerce) they want to proceed the arbitration. Pre established rules and procedures are used in the institution to guide the parties, the institution can also offer the list of arbitrators with their competences, it can also provide facilities for arbitration. [...]


[...] The choice of the arbitrator As we can assume arbitration can occur for the resolution of an international negotiation only if both parties have clearly stipulated that in case of such a problem they want to have recourse of such a method. The both parties have to agree on the third party that will be the arbitrator. Normally the third party is selected from a different country than the ones were the two other parties have their habitual residence. This is considered as the first step of arbitration resolution meanwhile different situations can occur: -On one part both parties are willing to reach a quick resolution and so come to a quick decision on the nature of the third part. [...]


[...] But there are often refused regarding the convention. Cost: There should appear the allocation cost provided to the arbitrator. Award: This is the conclusion of the arbitration, and though the awards that goes for each party. 10) The signatures: The three parties must at the end sign all three to make the document become valid under the convention. Conclusion This report was aimed to understand international arbitration through a first part of presentation; we then discover all the legal aspects of the international [...]

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