Arbitration is a
privately run tribunal offered as a service by institutions or private
individuals. Arbitration courts decide a
dispute finally without recourse to the ordinary courts of law. Their decisional authority is derived solely from the
agreement of the parties. Arbitration procedures are quite similar to
ordinary court procedures; there too claims have to be formally
submitted. The parties, however, have essentially greater freedom in
shaping the procedures; at their discretion various decisions may be
taken e.g. about the place and language of arbitration and about
choosing the arbiters.
There are several
reasons why one will benefit from choosing arbitration.
Some Advantages
Arbitration
courts regularly have short response times
The public is excluded from
the procedure
Arbitrators
are specialized in their respective fields
Awards
can internationally be enforced markedly easier than ordinary court rulings
Not to be confused with...
It is an essential feature of arbitration that the arbitrage is effectively
equivalent to an ordinary court decision. The award is final and the route
to the ordinary court is precluded. Arbitration is a true competitor for
the ordinary court process; it is indeed a powerful instrument for
resolving a dispute. The following are clearly distinct from arbitration:
Negotiations inserted
to avoid opening a case before an ordinary court
Mediation:
is aiming also at an amicable settlement. In case the need arises and given
the result then enforcement is possible only if a suit to this extent had
been filed.