Loading...
 
 
 
 
 
 

Choice of Arbitration Rules: The Dilemma

Views: 372 Published: 23 Apr 2003 Average Rating: unrated Print
 

In the midst of such a formidable and intimidating array of legal wisdom and expertise in arbitration, I venture to raise a simple question: by what criteria can a legal adviser, especially an adviser in Africa, decide on which of the arbitration rules to choose for the international commercial contract he is negotiating? The sponsorship of this conference includes at least three of the world's most prestigious institutions administering international commercial arbitration. The oldest of these institutions, the LCIA, has now established a Pan African Council. But the institution with the heaviest load of work is without doubt the ICC. ICSID deals with the narrower field of international investment disputes. UNCITRAL has no administration for arbitrations carried on under its Rules, although, the LCIA and the latest arbitration institution, the WIPO Arbitration Center, offer to rectify the deficiency by providing administration services for parties proceeding under the UNCITRAL Rules. The question posed involves the subsidiary question whether or not the choice of a particular set of Rules really matters. Does it matter whether the Rules adopted for the contract are the ICC, LCIA, ICSID, UNCITRAL, AAA, WIPO, or the other national Rules, like the Swedish Chamber of Commerce, which have gained international recognition? Does it matter whether the arbitration is held in London, Paris, Geneva, New York or Cairo or some other African country? With the increasing business and trade relations between developing countries, what should happen in the case of a South-South business relationship which has turned sour? Where should the aggrieved party turn for the implementation of the intended arbitration?


This content is only available to paid members.

Register Now
 

Related Discussions

Please sign in or register to post on this forum

 

The Childrens Trust
2014-04-07 19:15:46

Social media and procurement

Do you know about experiences and recommendations for using social media for procurement in the public sector?
 
 
Replies: 1

OHL
2014-03-28 10:12:25

Orderly Transition clauses

Recommendation for sources that have examples of orderly transition (post termination) provisions? Thx
 
 
Replies: 1
Anonymous
2014-03-26 14:34:06

Virginia Contract Interpretation

What principle to apply when two (or more) contract clauses are in contradiction?
 
 
 
 
Replies: 3

Altran Technologies
2014-03-04 02:07:18

Co-Contracting under UK Law

A colleague from the UK sustains that co-contracting is forbidden under UK law. Would anybody being aware of some restriction relating to co-contracting between two lo...
 
 
 
 
 
Replies: 4
Anonymous
2014-01-28 02:37:33

Intra-Group Transfers - Hive

Hi following share purchase sale there often follows an intra-group transfer of assets leaving the former company basically a shell and dormant. How would the members ...
 
 
 
Replies: 2
Anonymous
2013-12-28 00:08:27

Back to back T&Cs

Hi all, i would like to have your advice on what is the correct way to sell through an agent. We initially submit a proposal with our T&Cs to our agent, who will a...
 
 
Replies: 1

Selectica
2013-12-17 11:22:18

What are the top healthcare legal issues?

 
 
Older entries »
Replies: 1