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Introduction to International Commercial Arbitration
Transcript of Introduction to International Commercial Arbitration
The parties choose their own "judges"
State very little involvment (but does enforce award)
Basis contract between the parties
Optional, never mandatory Advantages No appeal against awards
Enforceable awards in 148 countries (of 196)
Cheap (?) Disadvantages Requires a contract
Costs (parties pay arbitrators) More About the Contract Doctrine of separability: arbitration clause valid even though main contract invalid
Difference between "lex contractu" and "lex arbitri"
Must indicate arbitration and, if an institute is chosen, the institute without any doubt Ad hoc and Institutional Arbitration In many cases, an Arbitration Institute is chosen (institutional arbitration)
The institute's procedural rules will apply
Leading in Sweden: Arbitration Institute of the Stockholm Chamber of Commerce
Parties can make their own rules (ad hoc arbitration)
Requires experience and skill Procedural Rules At the base the law of the seat of the arbitration (not necessarily the same as where arbitration is conducted)
If applicable, the institutional rules
Note UNCITRAL Model Rules
Otherwise, the parties' own rules
Procedural orders by the arbitrators Introduction to Basic Procedural Tenets Basic procedural safeguards
Right to be heard
Right to present one's case
Mandate of the arbitrator must not be exceeded
(Possibly mandatory provisions in the lex arbitri) These are the only grounds on which enforcement may be denied Sources of Variety and Uncertainty Varying content of the lex arbitri
In particular mandatory rules
Remedy: UNCITRAL Model Law
Uniform rules for different countries
An offer, not directly applicable
Sweden's arbitration law ("lag om skiljeförfarande") based on Model law Enforcement Enforcement governed by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Every State will have its own particular rules for how enforcement is effected
But basic rules in Article IV of the Convention
Very narrow grounds for refusal of enforcement
Error of law not ground for refusal This presentation can be found on prezi.com
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