what is arbitration?

In an arbitration, the parties agree to have their dispute decided by arbitrators they choose themselves (one or more arbitrators) instead of by a court. The parties can agree to arbitrate before any dispute arises by including an "arbitration clause" in their contract or after a dispute arises between them in a so-called "submission agreement."  [more...]

what kind of arbitration?

There are two different kinds of arbitration: "institutional" and "ad hoc" arbitrations. The difference between the two types are whether the arbitration is "administered" by an arbitration organization (the institution) or not. If not, the parties themselves take care of all administrative duties and it is called an "ad hoc" arbitration. [more . . .]

what rules apply to the arbitration?

This question often leads to confusion because the rules that govern the "arbitration process" – in other words, how the actual arbitration works – are not the same as the law that governs the contract or the laws and rules that may apply to various other aspects of the arbitration, such as the enforcement of the arbitration award. When it comes to the rules that determine how the arbitration itself will work, the parties are free to agree on any set of rules. In practice, this means that the parties choose the rules formulated by one of the well-known arbitration organizations (such as the LCIA, ICC, or ICDR) or the rules formulated by the United Nations (such as the UNCITRAL Arbitration Rules). [more . . .]

how do i find an arbitrator?

Finding the "right" arbitrator for your case is as important as choosing a jury or, if you were able to, choosing a judge to decide your case. While many arbitration institutions will provide lists of potential arbitrators if asked, sophisticated clients rely on experienced arbitration counsel who are familiar with the leading arbitrators and can sit down with the client to review who is best suited to resolve their dispute. Each case, each situation, and indeed each client, may be better served by some arbitrators than others depending on their expertise, experience, legal background, industry knowledge, and a score of other relevant factors.

is there going to be a trial?

Yes, there is but it will be called a "hearing" and will differ in many respects from what happens in court. Then again, that is not surprising since the parties are likely from different countries and trials differ from country to country. Arbitration hearings incorporate the best aspects of the various legal systems to make the hearing most efficient. [more . . .]

what rules of evidence apply?

The short answer is none, unless the parties agree otherwise to include evidentiary rules. Generally speaking, arbitration organizations' rules do not include rules of evidence. Instead, parties are free to choose their own rules of evidence, such as the new "IBA Rules on the Taking of Evidence in International Arbitration."

is there an appeal?

There is no "appeal" in the traditional sense of the word. Arbitration awards can be set aside - "vacated" - only on limited statutory grounds in legal proceedings brought in court. However, some arbitration rules allow for the award to be "corrected" for specific reasons (such as calculation errors), and there are rare instances where the award can be changed through a process called "revision". But as a general rule, arbitration awards are final.

in what countries can i enforce the award?

Unlike most court judgments that are only enforceable in the country where they were given or a limited number of countries, most arbitration awards are enforceable in virtually any country in the world. However, enforcement entails use of the courts and various other technical aspects, for which clients should consult an experienced arbitration lawyer.