The Principles: And Practice Of International Co...
International Commercial Arbitration (ICA) is a private system of justice that bypasses national courts in favor of neutral, expert panels. 1. The Core Principles The entire system rests on a few foundational pillars:
Parties can appoint arbitrators with specific technical or industry knowledge (e.g., oil and gas, maritime law, or intellectual property). The Principles and Practice of International Co...
A typical arbitration follows a structured path, though it is more flexible than a courtroom trial: A typical arbitration follows a structured path, though
The process begins when the claimant files a notice. This is followed by the constitution of the tribunal, usually consisting of one or three arbitrators. It is a treaty signed by over 170
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 Seat is the legal home of the arbitration (e.g., London or Singapore). Its laws govern the procedure and the court's power to intervene. The Venue is simply where the hearings physically take place.