Safe seat Flashcards
what is the seat
rationale
the home of the arbitration
So that the court can carry out any interim orders
Clarb
London based oganisation
Accredits and trains arbotratrs
can remove arbitrators upion their own discretion
Pricnipels of safe seat
Helps parties choose where to have their dseat
acts as a golden standardf for countries to follow
provides the factors in which arbitration works best
Wat are the principles
Law
Judiciary
Legal expertise
Education
Right to representation
Facilities
Accessibility and safety
Ethics
Enforceability
Immunity
Law
Ratyionale: Used to be an anti-arbitration feeling
law must allow for arbitration by:
Minimal court intervention
fairness of proceedings
Balancing confidentiality and transparency
Judicary
If judiciary is opposed to arbitration it makes it ineffective
but if they are too arb and unable to make a decision when the arbitration wouldn’t work, it would also be bad
Legal expertise
Can have counsel both from their home country and in the place of the seat
Access to representation
Access to justice
but also helps advance arguments so respondent not shielded from liability
Singapore- have to be singaporean to represent
Accessibility and safety
Must be a safe place for all parties
must have easy port of entry exit etc
Education
BEtter education betwer knowledge on the arbitration
Facilities
Must provide for facilities for the arbitration,ie. hearing rooms etc
Ethics
Must be conforminh with modern views and with the modern progression of arbitration
Enforceability
Must adhere to international treaties and enforce arbitral awards
Immunity
Rationale; arbitrators used to be scared of civil libaility, now they have immunity
Exception-UAE
Where law may differ from seat
Enforceabiluty
arbitraton agreement
lex arbitri
law of privilege/evidence
