International Arbitration Law Assignment - University Name

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Homework Assignment
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This assignment delves into the realm of international arbitration law, examining its significance and benefits. It highlights the advantages of arbitration over litigation, such as speed of decision-making, reduced costs, and procedural flexibility. The assignment explores the limited appeal rights in arbitration and the expertise of arbitrators. It also emphasizes the privacy and confidentiality of arbitration proceedings, making it a preferred method of dispute resolution for many clients. The reference list includes sources such as "Cases and Materials on Arbitration Law and Practice" and "Ethics in International Arbitration" to support the analysis. The assignment provides a comprehensive overview of the key aspects of arbitration and its role in resolving disputes.
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Running head: INTERNATIONAL ARBITRATION LAW
International Arbitration Law
Name of the Student
Name of the University
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1INTERNATIONAL ARBITRATION LAW
Activity 1
The benefits associated with arbitration as per its significance to most clients are explained
below:
Speed of decision-making- The speed of the arbitration process is considered as the main reason
to select arbitration over litigation. The restricted right to appeal in arbitration eliminates the
time-consuming appeal process that results in delay of final adjudication. Thus, it can prove to be
a shorter process than litigation to resolve disputes1.
Costs – Arbitration is less expensive than court litigation owing to the constricted process of
completing any discovery and trial. In litigation pre-trial processes, appeals involve significant
expenses that cause financial hardships to the parties to the dispute.
Procedural flexibility- the procedural and statutory rules mainly exercises control over the
litigation process in courts. Although the parties to a dispute seeks arbitration to resolve disputes,
they may incorporate provisions within the concerned construction agreement or any mutual
agreement to establish rules that restricts the interrogation of witness and exchange of documents
process before hearing, thus, enhancing procedural flexibility to the parties to the dispute.
Limited appeal rights- Arbitration restricts limited appeal rights as an arbitration award is
considered binding and final even if the arbitrator has erred in resolving the dispute based on
mistake of law or fact. Unlike arbitration, litigation process allows review of decisions of courts
in case judges commit mistakes by law or fact.
1 Carbonneau, Thomas E. Cases and Materials on Arbitration Law and Practice. West Academic Publishing, 2015.
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2INTERNATIONAL ARBITRATION LAW
Expertise of the arbitrator- since arbitrators is selected amongst the professionals who have
adequate experiences in their relevant field, thus, providing greater level expertise than a judge
does. The arbitrators are selected based on their expertise in the subject matter of the issue thus
enabling them to comprehend the matter in dispute effectively2.
Privacy- the arbitration proceedings are held in private thus, ensuring privacy of the parties and
confidentiality of the disputes. As compared to courts hearings, which are open to public,
arbitration hearings are more private.
2 Rogers, Catherine A. Ethics in International Arbitration. Oxford University Press, 2014.
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3INTERNATIONAL ARBITRATION LAW
Reference list
Carbonneau, Thomas E. Cases and Materials on Arbitration Law and Practice. West Academic
Publishing, 2015.
Rogers, Catherine A. Ethics in International Arbitration. Oxford University Press, 2014.
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