Selection of arbitrators. One of the main advantages of arbitration is that the parties choose the arbitrators either by agreement or, in the case of three arbitrators, by each party by choosing an arbitrator and asking those arbitrators to choose the final arbitrator. Mergers and acquisitions can also lead to disputes between start-ups and large companies. In international arbitration, these disputes can be resolved by arbitrators with specific industry experience, often – if necessary – on an urgent basis and with any decision that is then enforceable worldwide. Ad hoc arbitration, on the other hand, is an arbitration that the parties administer themselves. It shall be conducted in accordance with the rules adopted for the purposes of the specific arbitration procedure without the participation of an arbitration institution. The parties may establish the arbitration rules themselves, leave the rules to the discretion of the arbitrators or, as is more usual, issue written rules specifically for ad hoc arbitration, such as the UNCITRAL Rules.4 They then conduct the arbitration directly in cooperation with the arbitrator. This includes adjusting the selection of the arbitrator, whether the arbitration is confidential, how long arbitrators must resolve their dispute, how much discovery should be allowed, and other special procedures that may make sense for a particular contract or dispute. Unique procedures are often used for experts, such as. B the obligation of the parties to present similarities and disagreements between the experts before the hearing, or to have the witnesses of both parties examined on a question at the same time (so-called “hot tubbing”). Redfern and Hunter on International Arbitration, now in its 5th edition, is widely regarded as one of the leading texts on the law and practice of international arbitration.

Although this source focuses on practitioners and arbitrators, it covers both the theory and practice of international arbitration, contains in-depth discussions on all aspects of arbitration, and draws on arbitral awards from arbitration institutions around the world to illustrate their discussions. Most of the documents contained in the printed resource are also available online through Kluwer Arbitration. Appointments shall be made in accordance with the terms of the arbitration agreement or, where applicable, the rules of the institution concerned or national law. It is common for disputes to be referred to one or three arbitrators. If three arbitrators are to be appointed, it is customary for each party to appoint one and for the institution in question or the two arbitrators chosen to appoint the third arbitrator to act as chairman. Where a single arbitrator is appointed, it is customary for such appointment to be made by the institution or, if ad hoc, by a designated appointing authority. The parties also often add rules regarding the law governing the contract, the number of arbitrators, the place of arbitration, and the language of the arbitration. Signatories to the New York Convention are required to enforce arbitration provisions and to enforce arbitral awards rendered in other signatory States. This means that a U.S. company will render an arbitral award to the domestic courts of another signatory country (i.e., China, France, India, etc.) and local courts enforce the sentence, which increases the chances that you will be paid or your injunction will be enforced. The presumption of severability of an arbitration agreement is a fundamental prerequisite for determining the validity of an international commercial arbitration agreement.

In particular, arbitration clauses are likely to be “separable” or “separable” from the contract in which they are located (sometimes referred to as the “main contract” or the “underlying” contract) if the arbitration agreement takes the form of an arbitration clause in the main contract. Article 16(1) of the UNCITRAL Model Law expressly provides that “an arbitration clause that forms part of a contract shall be treated as an agreement independent of the other contractual terms”. As with all contractual clauses, the introduction of a “standard” arbitration clause in all contracts cannot be useful because there is no “standard” contract or dispute. Rather, the parties should consider whether there are any issues that the clause should address in the particular circumstances. .