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Question 1 Arbitration Advantages

cathal otoole Engineering English 7 slides

Slides in this set (7)

  1. Q1 ARBITRATION advantages part 1

    • POINT NUMBER 1
    • PARTIES HAVE CONTROL OVER
    • 1. WHEN AGREEMENT IS MADE
    • 2. PARTIES SELECT THE ARBITRATOR OR TRIBUNAL
    • 3. SELECTION MAKES PROCESS FUNDAMENTAL TO
    • SMOOTH
    • EFFICIENT OPERATION
    • 4. PARTIES MAY CHOOSE ARBITRATOR
    • 4. A who is EXPERT IN FIELD OR SUBJECT MATTER OR DISPUTE
    • REASON WHY COMMERCIAL CONTRACTS DO THIS
  2. Q1 Arbitration Advantages part 1

    • 4. B EXPERT APPOINTED ASSURES PARTY THEY HAVE KNOWLEDGE OF INDUSTRY
    • 4.C THEY WILL POSSESS IN DEPT KNOWLEDGE
    • 5. THE POSITIVE EFFECTS ARE
    • A DECISION MADE REFLECTS INDUSTRIES BEST PRACTICES AND EXPECTATION
    • B EXPERTS IN THE FIELD HAVE KNOWLEDGE LAWYERS AND JUDGES HAVE TO FIMILIARIES THEMSELVES
    • C IF MORE THAN 1 THERE IS MORE KNOWN IN FIELD TO BE MADE ON DECISION
    • D IN ARBITRATION THERE IS NO LISTING SYSTEM AND BACKLOGS LIKE IN NORMAL COURT SYSTEM
  3. Q1 Arbitration Advantages part 2

    • parties determine the
    • law
    • structure
    • procedures
    • and power of the arbitrator
    • parties may control all aspects of the arbitration
    • feel less injustice when decisions dont go there way
    • because there the ones who designed it
    • model law give parties scope on how the arbitration is conducted
    • failure to design arbitrator or tribunal will choose procedure
  4. arbitration advantages part 2 where

    • parties have power to select where the country which in
    • turn decides the national laws in that country and
    • there proceedings the court in that jurisdiction will
    • preform a supervisory role example if in DUBLIN
    • ARBITRATION ACT 2010 WILL APPLYHelpful for
    • international companies they can avoid nuance
    • countries with particular laws this provides certianty for companies that operate globally
    • parties can select
    • time
    • place
    • and procedure
    • costs involved
  5. Arbitration advantages part 3

    • ARBITRATION IS USUALLY CONDUCTED IN PRIVATE
    • WHICH AVOID RISKS OF
    • REPUTATIONAL DAMAGE
    • COMMERCIAL DAMAGE
    • CONCEAL CONFIDENTIAL INFORMATION
    • CONCEAL SENSITIVE INFORMATION
    • SUCH INFORMATION IN UK OF CONFIDENTIALITY MATTERS IS A MATTER OF LAW RATHER THAN ARBITRATION
    • THIS IS UNDECIDED IN IRELAND
    • OXFORD SHIPPING Co ltd V nippon yussen Kaisha 1984
    • MR justice LEGGAT EXPLANATION FOR OBLIGATION OF CONFIDENTIALITY
    • THAT CONFIDENTIALITY IN ARBITRATION STAYS IN ARBITRATION
    • OTHER CASES EMERGED EXCEPTIONS TO THE OBLIGATIONS OF CONFIDENTIALITY LOOK AT NEXT PAGE
  6. Q1 ARBITRATION advantages PART 3

    • EXCEPTION OF OBLIGATIONS OF CONFIDENTIALITY
    • 1.
    • PARTY IN ARB CAN WAIVE ITS RIGHTS.
    • 2.
    • DOCUMENTATION CAN BE ORDERED TO BE DISCLOSED BY COURTS.
    • 3.
    • PARTIES CAN CHALLENGE AWARD AND RATIONAL OF AWARD THROUGH THE COURTS
    • ALL INFORMATION, PLEADINGS, SUBMISSIONS CONSIDERED WOULD HAVE TO BE DISCLOSED
    • 4.
    • also PARTIES may DISCLOSE INFORMATION IT OBTAINED TROUGH the arbitration process
    • like competitive information eg auditing or companies affairs
    • the reason for this is that the company found a legal cause of action or ability to defend its claims
    • 5.
    • IN UK london and estates LTD V paribas ltd 1995
    • decided if information is in the public interest or in the interest of justice should be disclosed
  7. Q1 Arbitration advantages PART 4

    • 4. Arbitration result is binding
    • Model law in arbitration Act 2010 provides limited opportunity for a challenge on award

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Engineering Slide Set on Question 1 Arbitration Advantages , created by cathal otoole on 30/04/2017.
Created by
cathal otoole · Apr 2017
Updated
May 8, 2017
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  • Created by cathal otoole · Apr 29, 2017
  • Copied by cathal otoole · Apr 30, 2017
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