introduction Flashcards
What is special about arbitral proceedings
Lack of formality
Alternative to litigation
Emphasis on the autonomy of parties
What are the types of laws involved in arbitration
- Law that governs the enforceability of the agreement
- The lex arbitri- the procedure
- The law that governs the substance of the dispute
- The law of the enforcement of the award
What are the types of dispute resolution
Negotiation
Mediation
Concillation
Dispute Boards
Expert opinions
Asjudication
Arbitration
What is negotiation
Discussion between the parties on the dispute trhough settlement
Advantages of negotiation
No costs as no third party involvement
A lot of autonomy
Privacy
Disadvantages
No enforceabliluty
Could end up with no result
There could be a power imbalance
Mediation
Neutral 3rd party mediator
Types of mediatior
Facilitative; Focuses on the parties interests, convincing them that resolving the dispute now would be good for business
Evaluative: Actually looks at dispute and offers their thoughts and discusses the costs
Advantages
Some party autnomy, they can choose to bind the decision
Saves money
Can choose the mediator
Disadvantages
Can compromise legal interests
Concillation
3rd party neutral who hears the issues and gives a deicsion of what the courts would decide
This deicsion is not binding
Dispute boards
Usually for infrastructure/construction cases
Expert determination
Looks a facts and makes an informed decision based on experience
Adjudication
Administrative tribunals under statutory provisions
Arbitration
Both parties agree to resolve thre dispute through thir party arbitrator
Agree to bind themselves to the deicsion made
