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Deciding on the right dispute resolution process: Arbitration Justin Michaelson

Deciding on the right dispute resolution process: Arbitration Justin Michaelson. 1. It is a truly private forum. Not publicly listed. Concept of “inherent confidentiality”: Moscow City Council case. 2. Provides a flexible procedure. Not every dispute suits one level of regulation.

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Deciding on the right dispute resolution process: Arbitration Justin Michaelson

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  1. Deciding on the right dispute resolution process: ArbitrationJustin Michaelson

  2. 1. It is a truly private forum • Not publicly listed. • Concept of “inherent confidentiality”: Moscow City Council case.

  3. 2. Provides a flexible procedure • Not every dispute suits one level of regulation. • Adapting to the parties’ needs.

  4. 3. Choosing your own “judges” • Very often, allows the parties to select their own ‘arbitrators’ • Party autonomy.

  5. 4. Speed of process • It can be, but is not always, quicker than litigation.

  6. Compatibility with other methods of non-binding dispute resolution process • Arbitration can easily dove-tail into other non-binding processes of dispute resolution. • The “Mediator-Arbitrator”.

  7. Enforceable within the EU, through the exemption under Brussels Regulation 44/2001 • ‘Arbitration’ agreements work more effectively than exclusive jurisdiction clauses. • Strategic use of Exclusive Jurisdiction clauses. • Through Transport and The Front Comor

  8. 7. Facilitates the resolution of cross-border disputes • International Arbitration is intended to provide a “jurisdiction-neutral” approach.

  9. 8. “International” Arbitration Awards are Immediately enforceable • International Arbitration awards are immediately enforceable in over 140 countries. • The same is true of domestic Awards, although the regime is a little less stringent.

  10. Conclusions • Flexible process • Judges with suitable expertise • Guided by party autonomy • Confidentiality

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