The Principles And Practice Of International Co... Review

This is the "golden rule" of arbitration. Unlike litigation, where rules are imposed by the state, parties in arbitration can choose the language, the seat (legal location), the applicable law, and the specific individuals who will judge their case.

The arbitration clause is legally distinct from the main contract. Even if the underlying contract is found to be void or terminated, the agreement to arbitrate remains valid so the dispute can still be resolved. The Principles and Practice of International Co...

Instead of rigid rules of civil procedure, the tribunal issues "Procedural Order No. 1," which sets the timetable for briefs, document production (discovery), and witness statements. This is the "golden rule" of arbitration

Practitioners and companies prefer ICA over national litigation for several strategic reasons: Even if the underlying contract is found to

It avoids the "home-court advantage." A French company and a Japanese company might agree to arbitrate in Switzerland to ensure a level playing field.