Realizing the Advantages of International Commercial Arbitration Henri C. Alvarez October 6, 2005

Advantages private neutral predictable binding limited judicial review summary enforcement flexible

How to Realize the Advantages choosing the place of arbitration choosing the procedure choosing the arbitrators ensuring privacy and confidentiality finality and judicial intervention considering the arbitration agreement

Place of Arbitration legal seat nature and scope of judicial scrutiny measures available to court to support proceedings grounds available to challenge award grounds upon which award may be set aside

Procedure broad freedom to select procedure institution rules or ad hoc arbitration choosing the “right” rules the arbitral tribunal’s discretion choosing counsel

Choosing Arbitrators expertise vs. experienced independence impartiality

Privacy and Confidentiality the confidentiality myth by rule or agreement

Finality and Judicial Intervention subject to less review UNCITRAL Model Law due process jurisdiction parties subject matter public policy

Arbitration Agreement standard institution clause vs. specially tailored clause most important aspect of any arbitration

Elements of the Arbitration Agreement scope of agreement parties subject matter place of arbitration applicable rules number of arbitrators/method of appointment arbitrator qualifications

law applicable to the merits language of the arbitration confidentiality interim relief limits on judicial intervention/appeal negotiation or mediation as a preliminary step

Conclusions privileged form of dispute resolution larger than the sum of its parts a powerful tool for the management and resolution of disputes exercise of autonomy/flexibility is key