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Non-signatories may join arbitration by asserting rights or obligations under the agreement. This often occurs through doctrines like equitable estoppel, where a party cannot argue against an agreement they have benefited from. In the context of a Maine Arbitration Agreement with Foreign Company, ensuring that non-signatories understand their potential involvement is crucial.
Arbitration is an out-of-court method for resolving a dispute between a worker and an employer. Arbitration takes place in front of a neutral decision-maker called an arbitrator (or in some cases, a group or panel of arbitrators) who will listen to each side and make a decision about the case.
Perhaps the foremost advantage of international arbitration over litigation is that an international arbitral award is enforceable virtually worldwide, while a judgment from a national court is oftentimes only enforceable in the nation that issued it.
International arbitration is arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract.
International commercial arbitration is a means of resolving disputes arising under international commercial contracts. It is used as an alternative to litigation and is controlled primarily by the terms previously agreed upon by the contracting parties, rather than by national legislation or procedural rules.
International arbitration addresses any case or potential dispute between parties usually located in two different countries and is the most common form of alternative dispute resolution (ADR).
One must look at the parties to the dispute, the amount in controversy, cost, availability of qualified arbitrators, and the ease of enforcement in Vietnam. Upon examining and comparing these factors, domestic arbitration may indeed be the better option.
Questionable FairnessMandatory arbitration. If arbitration is mandatory by contract, then the parties do not have the flexibility to choose arbitration upon mutual consent.Subjective Arbitrator.Unbalanced.Arbitrarily (inconsistently) following the law.No jury.Lack of transparency.
Singapore was selected along with London as jointly the most preferred places for arbitration in the world, followed by Hong Kong in second place, according to the 2021 Queen Mary University of London and White & Case International Arbitration Survey released on 6 May.
An arbitration agreement must be in writing; An arbitration agreement must comply with the requirements of a valid contract; An arbitration agreement must be in respect of a dispute that is arbitrable; Parties may agree on the number of arbitrators and their nationalities (subject to it being an odd number);