Professional Documents
Culture Documents
ADVANTAGES (NICCF-FCACS)
1. Neutrality
2. International Enforcement
3. Centralized Dispute Resolution.
Other reasons:
4. Commercial Competence/Expertise
5. Finality of Decision
6. Procedural Flexibilty/Party Autonomy
7. Confidentiality
8. Additional Powers of arbitrators
9. Continuity of Role
10. Arbitration involving state
DISADVANTAGES
1. Cost of Arbitration
2. Delay
3. Limits in arbitrator’s powers
4. Multi-party/Bi-polar Arbitrations
5. Non-signatories to arbitration agreement
6. Consolidation
7. Joinder of issues involving 3rd parties
8. Conflicting Awards
9. “Judicialization”
10. Changes in arbitration
- It is DOMESTIC if it does not fall under any of the enumerated circumstances which
makes an arbitration International. (?)
(B) WHAT “LAWS” GOVERN EACH UNDER ADR ACT ---????
4. AD HOC v. INSTITUTIONAL + PROS CONS OF EACH
ADVANTAGES of AD HOC: It’s more Flexible and Confidential, may take more into
consideration the particularities of the current dispute in the determination of the procedure
DISADVANTAGES of AD HOC: Risk of procedural breakdowns, uncertainty of having
technical defects, largely dependent of the cooperation between/among the parties
ADVANTAGES OF INSTITUTIONAL:
-Reduced Risk of procedural breakdowns and technical defects
-Tries and tested
-more sophisticated
-Ensures a more efficient/effective processes due to provisions on competence, separability,
provisional measures, disclosure , impartiality, correction/changes to awards, replacements,
and costs
DISADVANTAGES OF INSTITUTIONAL:
More expensive
May fail to take into consideration the complexity of the case for example in setting
dealines/time limits etc.
HOWEVER, the Revised Model Law (2006) recognized 2 options for the state:
Option1- Adhere to the writing requirement, with the definition of “writing” extended to
include electronic communications of all types
Oprion2- Dispense altogether with the writing requirement (Hence, allowing oral agreements)