The Principles And Practice Of International Co... Page

Because of the New York Convention, it is often easier to enforce an arbitral award globally than it is to enforce a national court judgment. Conclusion

It avoids the "home-court advantage." A French company and a Japanese company might agree to arbitrate in Switzerland to ensure a level playing field. The Principles and Practice of International Co...

Instead of rigid rules of civil procedure, the tribunal issues "Procedural Order No. 1," which sets the timetable for briefs, document production (discovery), and witness statements. Because of the New York Convention, it is

Practitioners and companies prefer ICA over national litigation for several strategic reasons: 1," which sets the timetable for briefs, document

The arbitration clause is legally distinct from the main contract. Even if the underlying contract is found to be void or terminated, the agreement to arbitrate remains valid so the dispute can still be resolved.

After a merits hearing involving cross-examination, the tribunal issues a "Final Award." This award is final and binding, with very limited grounds for appeal (usually only for procedural unfairness, not for a "wrong" decision). 3. Why Businesses Choose Arbitration

The process begins when the claimant files a notice. This is followed by the constitution of the tribunal, usually consisting of one or three arbitrators.