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Court upholds jurisdiction of tribunal over settlement agreement lacking express arbitration clause. French court rules that mandatory expert determination provisions do not render arbitration clauses inapplicable.
Need for speed: get your anti-suit injunction fast! Are recordings made without consent of counterparty admissible as evidence in arbitration? Does Final Mean Final? Efficient Arbitration — Part 1: Metrics. Third Party Funding in Asia: whose duty to disclose? Most international arbitration institutions provide rules which govern the resolution of disputes to be resolved via arbitration.
Thanks to a treaty known as the New York Convention , which entered into force on 7 June , arbitration awards can be enforced in most countries unlike traditional court judgments. The primary laws on the basis of which international arbitration lawyers argue a case are the governing law of a contract, or the law of tort relating to a contract, the arbitration laws of the seat of arbitration, and the New York and Washington convention alternatively known as the ICSID Convention.
The primary benefits of using international arbitration to resolve a dispute rather than traditional court litigation include:. International arbitration lawyers assist their clients in pursuing their claims, preparing pleadings and argument on the merits before arbitrators. Most international arbitration lawyers have an understanding of foreign cultures, and they work on the basis of many different foreign laws.
Language skills are very important in international arbitration, as well as understanding the significant procedural differences with traditional court litigation. The physical location of lawyers versed in international arbitration is far less important, given that few physical hearings typically take place. Typically, only one or two short hearings is involved in an international arbitration, which sometimes take place via videoconference for small disputes.
As a leading arbitral institution administering cases, the AAA present parties with lists of arbitrators. The fee payable to obtain such lists depends on the number of arbitrators included.
Recently, it has made efforts to expand its arbitrator profiles. The international arbitration information on this website is sponsored by the international arbitration law firm Aceris Law LLC. At a minimum, all arbitrators must be: Independent to the parties to the dispute; and Impartial with respect to the subject matter of the dispute.
Parties should also find international arbitrators who have: Significant prior experience in international arbitration, ideally as an arbitrator; Fluency in the language of the arbitration; Knowledge of the substantive law at issue; Knowledge of the applicable arbitral rules ; Knowledge of the specific field in dispute for highly technical matters; Integrity, intelligence and attention to detail ; Sufficient time to devote to the case in question; and Case management skills to ensure an efficient procedure.
Arbitral Women Arbitral Women is a non-governmental organisation which has existed since CiArb Members Directory CiArb has a freely searchable list of many potential arbitrators, mediators, adjudicators and even expert witnesses. Clerks Room Located in the United Kingdom, Clerks Room maintains a list of arbitrators specialized in arbitration matters, although it does not appear to be regularly updated. Grain and Feed Trade Association Gafta Arbitration Gafta offers arbitration services for its parties who use its standard forms of contract.
Institute for Energy Law The Institute for Energy Law, a membership organization and one of the divisions of the Center for American and International Law, has a free list of individuals with substantial experience in the arbitration of energy disputes.
International Chamber of Commerce ICC Since , the ICC has provided information on cases registered including the names of the arbitrators, their nationality, their role within a tribunal, the method of their appointment and whether the arbitration is pending or closed. Investment Policy Hub The Investment Policy Hub, powered by the United Nations Conference on Trade and Development, contains information on previous arbitrator appointments in investment arbitration cases, accessible at the bottom of the page.
Jus Mundi Jus Mundi, a subscription-based international law and arbitration database, offers a free alphabetic list of arbitrators. Polish Chamber of Commerce The Polish Chamber of Commerce maintains a searchable list of arbitrators from a variety of countries who may be worth considering for a given case.
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