Arbitration is a popular type of alternative dispute resolution ("ADR"), which resolves disputes without Court involvement. What makes arbitration different is the decision is legally binding, rather than just a recommendation and is enforceable.
There are many international institutions that set rules and appoint arbitrators, with one of the most popular being the International Chamber of Commerce ("ICC") Court of Arbitration. Although it is a Court by name, it does not make decisions on disputes but instead "exercises judicial supervision of arbitration proceedings" (ICC, 2022). It is recognised as the leading institution for international arbitration, and many arbitration clauses will refer to the ICC Rules of Arbitration, which are administrated by the ICC Court of Arbitration.
In November 2020, Claudia Salomon made history by becoming the first woman President of the ICC Court, and she began her term in July 2021. In January 2021, Claudia presented alongside FIDIC President, William Howard, as part of our monthly webinar programme. View the full webinar recording here.
International arbitration agreements are enforced by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, more commonly known as the "New York Convention". The New York Convention requires the 168 states that have signed the treaty to recognise international arbitration awards and enforce them.
There are many benefits of using international arbitration as a dispute resolution tool, compared to litigation, with the primary reason being that it is private. International arbitration may also offer more flexibility, as parties have the choice over the country and language in which the arbitration is conducted, as well as choice over who is appointed as arbitrator and the arbitration process and procedure.
At Barton Legal we have vast experience of interpreting arbitration clauses and can assist in any international arbitration matters. By using an English law firm, such as Barton Legal, you can also access English consultants and counsel. We can help you to identify and instruct the right people for any specific aspect of your case or for the overall administration of the dispute.
At Barton Legal, we also have a comprehensive understanding of the ICC Rules and role of the Court and we can advise on the procedure and preparatory steps to be taken when faced with an arbitration claim.
If you have any queries regarding arbitration (either domestic or international) please do not hesitate to get in touch by email leeds@bartonlegal.com or call our office on 0113 202 9550.
How can Barton Legal help?
At Barton Legal we have extensive experience in all the standard contract forms, including JCT as well as NEC, IChemE, and FIDIC.
We believe that an increased understanding of contractual terms and the roles and responsibilities of all parties ensures a successful conclusion to a project, which is why we always use plain English and ensure you understand and can apply the terms of your contract.
Our aim is to reduce legal gobbledegook and increase collaboration between parties to increase the prospects of completing your project on time and on budget
We place great emphasis in the early stages of the contract on understanding and preparing thoroughly, in order to avoid costly disputes later.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
