Arbitration is now the first-choice method
of binding dispute resolution in the widest range of
international commercial contracts. It is a private
process requiring the agreement of the parties, which is
usually given by way of an arbitration clause in the
contract. If there is no contractual provision to
arbitrate, a separate arbitration agreement may be entered
into once a dispute has arisen.
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Arbitration offers parties the freedom to
choose a method of dispute resolution tailored to their
precise needs. That freedom extends to the choice of
applicable law, the venue, the language, and the choice of
arbitration procedures, whether under institutional rules,
stand-alone procedures, like the UNCITRAL rules, or
entirely ad hoc.
Parties may also choose their arbitrators, thus ensuring
the constitution of a tribunal with precisely the right
qualifications and experience.
It is this freedom of choice that reinforces the key
elements of international arbitration: enforceability,
procedural flexibility, party-control, neutrality, privacy
and confidentiality, cost-effectiveness and speed.
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