Topic 8: Dispute Resolution Flashcards
Will the decision in an Arbitration be binding?
YES
What is ad hoc arbitration?
A form of arbitration in which you are free to choose your own rules to be followed
How can you ensure an arbitration?
Must include an arbitration clause into the contract, must be mutually agreed to
What is a submission agreement?
An agreement as to where an arbitration would be heard, which ‘court’ and which country
What is institutionalised arbitration?
When the arbitration will follow the procedure of a specific institution, rather than of the parties as in ad hoc
How does the New York Convention help arbitrations?
1) Applied in over 100 countries
2) Forces arbitration award
3) Enforces cross border awards, which alternative courts may not have power in