The Principles And Practice Of — International Co...

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.

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. The Principles and Practice of International Co...

This is the "engine" of ICA. It is a treaty signed by over 170 countries that requires national courts to recognize arbitration agreements and, most importantly, enforce foreign arbitral awards as if they were local court judgments. 2. The Practical Process The arbitration clause is legally distinct from the

Because of the New York Convention, it is often easier to enforce an arbitral award globally than it is to enforce a national court judgment. Conclusion This is the "engine" of ICA

After a merits hearing involving cross-examination, the tribunal issues a "Final Award." This award is final and binding, with very limited grounds for appeal (usually only for procedural unfairness, not for a "wrong" decision). 3. Why Businesses Choose Arbitration