Most arbitration institutions adopt rules on court appointment and arbitration procedures. In many cases, the rules of procedure will give the Tribunal a great deal of discretion in determining the nature and timing of the various stages of the arbitration process. B such as filing briefs, exchanging documents and testimonies, and planning hearings. Under English law, there is an implicit duty of confidentiality in arbitration proceedings, but this is not the case in some other jurisdictions. If confidentiality is important, you should consider keeping an explicit commitment, arbitration and all documents generated for confidential arbitration in the compromise clause. You may not have to do this in all cases, as some institutional provisions already provide for confidentiality. This may affect the qualifications and expertise required by potential arbitrators and should be included in the arbitration clause. Parties may agree to waive the right to appeal in legal status to ensure that an arbitral award is final and binding, as far as the laws of the state concerned permit. Some institutional rules (such as the CCI and LCIA rules) also include this exemption. In order to reduce costs and improve the efficiency of dispute resolution, companies often require their clients and employees to sign an arbitration agreement. Unfortunately, but because arbitration clauses often appear as a “fine impression” in long standard contracts, people often sign arbitration agreements without realizing that they are doing so. 7.Finality Is it wise to include a provision that states that the award is final? This does not exclude the possibility of an appeal, but specifies that the parties intend to comply immediately with the sentence or to make it legally enforceable.
According to the widely accepted principle of “dissociability,” a compromise clause in a contract is deemed separate from the contract in which it is located. This means that the compromise clause survives the termination of the contract and allows all claims arising from that termination to be referred to arbitration. It is generally considered that, if the choice of the compromise clause is not made separately, the applicable law of the contract as a whole is also the applicable law of the compromise clause. Some of these issues lead to different design points and others, for example, provide information on the arbitration rules to be chosen. Parties are often unable to accurately predict the types of conflicts that may arise and how their opponents might react. However, they may have a broad idea and, taking into account potential threats, the parties can tailor the arbitration mechanism to the likely types of litigation. For example, if your counterparty is a state entity in a country where state-owned enterprises are known to take advantage of every opportunity to delay proceedings, an arbitration procedure managed by a well-known international arbitration institution is probably preferable to ad hoc arbitration. Make sure all parties are able to conclude the agreement. For example, French public bodies generally do not have the right to mediate in national arbitrations, unless this has been authorized by decree.
Under Dubai law, if the Dubai government or its divisions and companies are parties to the agreement, arbitration must take place in Dubai and must be governed by Dubai procedures and laws, unless the ruler of Dubai has granted a waiver. Unlike a typical court proceeding, arbitration appeals are not admissible unless it is proven that the arbitrator was biased or that his opinion was contrary to public policy. If you think about where you should choose, think about how the process can support national courts at headquarters. They should consider law enforcement and check whether the headquarters are located in a country that is a party to an international agreement such as New York.