The Principles And Practice Of — International Co...
The process begins when the claimant files a notice. This is followed by the constitution of the tribunal, usually consisting of one or three arbitrators.
An arbitral tribunal has the legal authority to rule on its own jurisdiction. If a party claims the arbitrators have no power to hear the case, the arbitrators themselves—not a court—usually decide that question first. The Principles and Practice of International Co...
Practitioners and companies prefer ICA over national litigation for several strategic reasons: The process begins when the claimant files a notice
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. If a party claims the arbitrators have no
Unlike court records, which are often public, arbitration proceedings and awards are generally private.
A typical arbitration follows a structured path, though it is more flexible than a courtroom trial:
The practice of International Commercial Arbitration is a delicate balance between contract law and international treaty. It provides the "legal glue" that allows global trade to function, offering a predictable and enforceable way to manage risk in an unpredictable world.