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.
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 Seat is the legal home of the arbitration (e.g., London or Singapore). Its laws govern the procedure and the court's power to intervene. The Venue is simply where the hearings physically take place. The Principles and Practice of International Co...
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.
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 Instead of rigid rules of civil procedure, the
An arbitral tribunal has the legal authority to rule on its own jurisdiction. If a party claims the arbitrators have no power to hear the case, the arbitrators themselves—not a court—usually decide that question first.
The subject (often associated with the seminal textbook by Redfern and Hunter) covers the primary mechanism for resolving cross-border business disputes. The Venue is simply where the hearings physically take place
A typical arbitration follows a structured path, though it is more flexible than a courtroom trial: