Deciding on the right dispute resolution process: Arbitration

Justin Michaelson

1. It is a truly private forum

• Not publicly listed.

• Concept of “inherent confidentiality”: Moscow City Council case.

2. Provides a flexible procedure

• Not every dispute suits one level of regulation.

• Adapting to the parties’ needs.

3. Choosing your own “judges”

• Very often, allows the parties to select their own ‘arbitrators’

• Party autonomy.

4. Speed of process

• It can be, but is not always, quicker than litigation.

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”.

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

7. Facilitates the resolution of cross-border disputes

• International Arbitration is intended to provide a “jurisdiction-neutral” approach.

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.

Conclusions

• Flexible process

• Judges with suitable expertise

• Guided by party autonomy

• Confidentiality