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BIAC-a center for alternative dispute resolution

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farzanamili:
5. What types of disputes can be arbitrated?

Almost all types of civil disputes can be arbitrated. This includes contractual disputes, shareholder disputes, commercial disputes, family disputes, tort, etc. In some countries, a few categories of criminal cases are also resolved through arbitration. It is always advisable to check with your counsel to determine if the case is suitable for arbitration.

source: BIAC

farzanamili:
6. What are the benefits of arbitration?

Arbitration provides distinct advantages over court litigation.

Arbitration is a private method of settling disputes; parties can tailor the arbitration proceeding in the manner they choose. For example, parties involved in arbitration can agree to limit the number of witnesses each side will present, set parameters on the amount and type of evidence that will be presented, and pre-determine what issues the arbitrator’s award should cover.

Another important advantage of arbitration is that in arbitration the parties can choose their arbitrator(s) having experience in the subject matter of the dispute. If the parties had gone to court, it is uncertain if the judge dealing with their case would have expertise or experience in areas/ matters of the dispute. The arbitrator’s knowledge allows for a quick, in-depth analysis of the issues, which in turn saves time and expense.

Unless parties decide otherwise, arbitration hearings are confidential and the decisions reached are generally not matters of public knowledge. On the other hand, court proceedings are generally in the public domain. The companies involved may not want the public to be aware of the details of their business dealings.

Arbitration Award is final and binding on both the parties. A party may challenge an Arbitration Award on very limited grounds. Usually, courts have very limited scope to set aside an Arbitral Award.

Finally, unlike court’s order, Arbitration Award is enforceable in 148 countries around the world, if the place of arbitration occurs within a country which is signatory to New York Convention.

 
source:BIAC

farzanamili:
7. Are there any disadvantages in arbitration?

In arbitration, parties must ensure that all the required documents, evidences and witnesses are submitted; otherwise, their case may suffer. Secondly, an arbitration award is very difficult to set aside on appeal. This can be a serious problem for a party that is not prepared for a decision against it. Arbitration can sometimes be as expensive as court litigation. However, since the parties are in control of the arbitration process, they may design it in a way to prevent lengthy extensions and also contain costs.

source:BIAC

farzanamili:
8. What rights do I have in arbitration?

Where a three-member arbitral tribunal is agreed in advance, each side has the right to nominate one arbitrator, and the two arbitrators thus nominated finally select the presiding arbitrator. Where the two arbitrators are unable to agree on a third arbitrator, the rules of the place of arbitration will specify how the presiding arbitrator is to be chosen. Usually, these three arbitrators constitute an Arbitral Tribunal and the Tribunal jointly conducts hearing (usually with lawyers’ assistance), examines witnesses and evidences and render arbitration award. Parties may also agree to conduct arbitration by a sole arbitrator instead of three; the parties have to agree on the selection of the single arbitrator. Any party mat challenge the nomination of an arbitration by another party, on specific grounds.

source:BIAC

farzanamili:
9. How do I choose an Arbitrator?

Where the number of arbitrator is one, both parties must agree on the single arbitrator. Where the number of arbitrators is three, each party has an opportunity to choose one arbitrator. In choosing an arbitrator, several considerations are relevant. For instance, what is the reputation of the person, whether he has experience/ expertise in the subject, does he command confidence, will he be available during arbitration hearing, is he likely to represent your interests effectively even though he is expected to be neutral, etc. The Chartered Institute of Arbitrators has guidelines, including on the type of admissible contacts between the party and the proposed arbitrator before his appointment. Every Arbitration Centre maintains a list or panel of arbitrators, comprising of qualified individuals, their expertise and schedule of fees. Parties may also consult such a list before selecting one as an arbitrator. However, parties are free to choose their arbitrator(s) outside such a list.

source: BIAC

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