Arbitration

The content of an arbitration clause and selection of the arbitration institute is of great importance as the rules of the institute may differ substantially.  Careful attention is needed regarding the costs of arbitration of the proposed arbitration institute, the language skills of the arbitrators, the sector knowledge of the arbitrators, the applicable law, location, number of instances and so on before signature of a contract with an arbitration clause!

An arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process.  It binds the parties to resolution outside of the courts and thus is considered as a kind of forum selection clause.  In some jurisdictions as for example in South Africa arbitration is compulsory for labor disputes.

The legal meaning as well as the use of the term arbitration may -as with mediation- differ from jurisdiction to jurisdiction.  Simultaneously to the forum or jurisdiction selection, the applicable law need to be assessed carefully.

More specifically on arbitration, A-LAW has experience in domestic and cross border markets with:

• Advice and draft of the arbitration clause and arbitration agreement under the relevant legislation and rules : Ad hoc arbitration, Institutional arbitration, Arbitration tribunal.
• Arbitration under the Belgian Arbitration Act of 24 June 2013;
• Recognition and enforceability proceedings of foreign arbitral awards under The New York Arbitration Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards;
• International arbitration under the rules of the International Chamber of Commerce; CCPIT and multiple local Chambers of Commerce and business associations in domestic and cross border jurisdictions.
• Comparative research on the legislation on arbitration in different jurisdictions and the legal guarantees provided within the legal framework.
• Drafting of petitions to start arbitral proceedings;
• Drafting of written submissions under the relevant rules of arbitration;
• Oral pleadings before the arbitral panel or tribunal;