Arbitration is one of the finest ways to resolve a conflict, when parties agree for a settlement without taking the matter into court. This technique involves one or more arbitrators to review the dispute and make a final decision.
2. WHAT IS INTERNATIONAL ARBITRATION?
Arbitration is one of the most effective ways to resolve a
conflict, offering a final and binding solution when parties are unable
to agree upon settlement and without taking a matter into court. This
technique involves one or more arbitrators reviewing the dispute
and making a final and binding decision. When arbitration awards
are rendered in international disputes, they are typically enforceable
throughout the 149 States that are Parties to the New York
Convention.
3. BENEFITS OF INTERNATIONAL ARBITRATION:
There are many benefits with international arbitration as compared to
domestic court proceedings. Some of them are mentioned below:
Speed: For individuals or organizations looking for faster outcomes
to dispute resolution, arbitration is a great choice, especially if the
parties agree to expedited (or “fast-track”) arbitration proceedings.
The entire process can be much quicker than traditional court
procedures since there is no appeal.
Inexpensive: Cases in traditional court last for years, especially
when there are appeals, which translates into increasing costs over
time. Because proceedings take less time, the cost of the entire
process can be significantly less than in court litigations.
4.
Simplified Proceedings: In arbitration, the procedural rules tend to be far
simpler than before domestic courts, and they are highly flexible and may be
customized by the Parties. Therefore, one can enjoy the relaxation of simple
proceedings as compare to traditional court procedures, which can be very timeconsuming and confusing when they are motion-based.
Hire an Expert to Act as Judge: In arbitration, parties have the option of
choosing an arbitrator who is an expert in a particular industry or type of law, as
opposed to more generalized domestic judges, who oversee many different types
of disputes. Skilled arbitrators have special qualifications to understand the
dispute from an industry perspective, for instance arbitrators familiar with the
construction industry will understand the meaning of a critical path and how it is
determined.
Privacy: No public hearings is another potentially significant advantage. It simply
means that you can keep the whole matter private and the hearings will take
place in private rooms. Decisions are not typically published, except for in
international investment arbitrations, which are arbitrations involving States.
5.
Neutrality: In international disputes, the party who is the litigant before a
domestic judge typically has an advantage in the dispute. This is untrue
in arbitration, where arbitrators may be selected from States other than
those of the Parties to the dispute.
Better-informed Judgments: Because domestic judicial systems tend
to be overburdened, domestic court judgments do not always have time
to review all of the documents and pleadings provided in sufficient detail.
This is typically not the case with respect to arbitrators.
Enforceable Decisions: In international disputes with their seats of
arbitration located in one of the 149-odd State members to the New York
Convention, the decision rendered is enforceable just like a court
judgment in ¾ of the world.
Hence, we can say that International Arbitration is an ideal way to
resolve conflicts in a swift and efficient manner, with the oversight of
expert arbitrators and through using good counsel.
7.
Christophe Dugué: Christophe Dugué is an international lawyer &
arbitrator and is also a partner of the Dugue & Kirtley firm. He previously
was a partner at Shearman & Sterling for 10 years. He specializes in
international and domestic arbitration as both counsel and arbitrator. He
practices in both English and French, under a variety of applicable laws.
William Kirtley: William Kirtley is an international lawyer & arbitrator. He
is a Franco-American, Harvard-trained and experienced lawyer who
focuses on international arbitration and all other different forms of
arbitration.
Elisa Warbington: Ms. Elisa Warbington is a French-qualified and
Cambridge-trained lawyer who works in English, French and Italian who
has over 13 years of experience International Commercial Arbitration
and International Arbitration Law.
8.
Sylvana Sinha: Sylvana Sinha has over 10 years of
experience, working at the highest level of International Arbitration.
Her legal practice has included Investor-State and international
commercial arbitrations and U.S. federal court proceedings relating
to international disputes.
Thibault Beurnier: Thibault Beurnier is a member of the
International Arbitration Commission of the ICC French National
Committee, International Arbitration Institute and the International
Law Association. He has also served as Counsel at the ICC and
regularly serves as an expert for the French Ministry of Defense.
9. SERVICES
Arbitration & Dispute Resolution
Investment Arbitration Strategy
International Commercial Arbitration
ICC Arbitration
International Construction disputes.
Conferences (Arbitration Planner)
Corporate Law Disputes
Criminal Law Disputes In An Investment-Treaty Context
International Arbitration Law
Public International Law