Arbitration is increasingly being recognised, including in the banking and financial sector, as a means of resolving disputes that can meet the needs of parties who are no longer satisfied with the characteristics - and often the timeframe - of litigation before national courts.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Top 10 tips for drafting arbitration agreements Introduction. Scope of the arbitration agreement. Seat of the arbitration. Governing law of the arbitration agreement. Choice of rules. Language. Number and appointment of arbitrators. Specifying arbitrator characteristics.
Hearing Stage: Parties present their case through a process that may be in-person, over the phone, or document-based, depending on the arbitration rules and agreement. Additional written arguments may also be submitted post-hearing. Award Stage: The arbitrator closes the hearing once all evidence is submitted.
Therefore, banks and financial institutions wishing to arbitrate should ensure that an arbitration clause is included in the relevant contract, specifying the arbitral institution that will provide administrative support to the arbitration, the number of arbitrators (and how they are to be selected), the language of ...
To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation. Arbitrator selection. Preliminary hearing. Information exchange and preparation. Hearings. Post hearing submissions. Award.
Either Party to a contract in which there is an Arbitration clause can either himself or through an authorised agent may invoke Arbitration so as to refer the dispute to arbitration, as per provisions of the arbitration clause.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.