The commercial arbitration and mediation center
In line with the discussion on how arbitration process is being conducted, there is a respected international institution that handles these disputes. These international agencies prepare and actually conduct the proceedings that are violating the policies or treaties. There are actually two types of arbitration process applied, and these are ad hoc and institutional. In ad hoc arbitration, parties organize and plan their own arbitration, including the selection of arbitrators, designation of rules and applicable law, and the powers of the arbitrators.
And all of these aspects of the arbitration must be specified in the agreement. As discussed earlier the parties can select the institution they prefer that will handle their case. And from there the institution is the one will represent the party in the actual arbitration process. The following are just some of the well-known arbitration institution that can be tagged by parties, and these can be either international or national institutions, depending on what is applied.
For the international Arbitration institution, the following are listed: (1) The Commercial Arbitration and Mediation Center for the Americas (CAMCA) CAMCA is designed to provide commercial parties involved in the free trade area of NAFTA with an international forum for the resolution of private commercial disputes; (2) European Court of Arbitration, The European Court of Arbitration is a private institution with its chief seat in Strasbourg and national and local departments throughout Europe; (3).
The Inter-American Commercial Arbitration Commission (IACAC), The IACAC established and administers a system for settlement, by arbitration or conciliation, of international commercial disputes in the Western Hemisphere; (4) International Centre for the Settlement of Investment Disputes, Pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1966), ICSID provides facilities for the conciliation and arbitration of disputes between sovereign member countries and their official subdivisions and investors who qualify as nationals of other member countries; (5) International Court of Arbitration, International Chamber of Commerce (ICC).
An international arbitral institution composed of members around the world; and (6) Permanent Court of Arbitration (The Hague) The Permanent Court of Arbitration (PCA) is an international organization providing services for resolving disputes between States, including disputes between States and private parties and those involving intergovernmental organizations.
The PCA site contains information about its services, model clauses, and rules. The parties to the 1899 and/or 1907 Conventions for the Pacific Settlement of International Disputes comprise the members of the Permanent Court of Arbitration. These are the well known international arbitration institution that handles global disputes.
This also commonly appoints by parties. On the other hand, there are also national arbitration institution that handles local issues, and these are: • Australia. Australian Centre for International Commercial Arbitration • Australia. Institute of Arbitrators and Mediators Australia (IAMA) • Austria. International Arbitral Centre of the Austrian Federal Economic Chamber (Vienna International Arbitral Centre) • Belgium. Belgian Centre for Arbitration and Mediation (CEPANI) • Bulgaria.
Arbitration Court at the Bulgarian Chamber of Commerce and Industry • Canada. British Columbia International Commercial Arbitration Centre • Canada. Canadian Commercial Arbitration Centre • Chile.
Santiago Arbitration and Mediation Center • China International Economic and Trade Arbitration Commission • Croatia. Permanent Arbitration Court at the Croatian Chamber of Commerce • Czech Republic. Arbitration Court Attached to the Economic Chamber of the Czech Republic • Egypt. Cairo Regional Centre for International Commercial Arbitration (CRCICA) • Estonian Chamber of Commerce and Industry • France. Arbitration Chamber of Paris • France.
Centre de Mediation et d’Arbitrage de Paris • German Institution of Arbitration – Deutsche Institution fur Schiedsgerichtsbarkeit • Hong Kong International Arbitration Centre • India. Indian Council of Arbitration (ICA).
• Indonesian National Board of Arbitration • Iran-United States Claims Tribunal • Italy. Chamber of National and International Arbitration of Milan • Japan Commercial Arbitration Association • Korean Commercial Arbitration Board • Malaysia. Kuala Lumpur Regional Centre for Arbitration • Mexico – Centro de Arbitraje de Mexico • Netherlands Arbitration Institute • Poland. Court of Arbitration at the Polish Chamber of Commerce • Portugal.
Centre for Commercial Arbitration, Lisbon Trade Association, Portuguese Chamber of Commerce • Romania. Court of International Commercial Arbitration Attached to the Chamber of Commerce and Industry of Romania and Bucharest • Russia. St.
Petersburg International Commercial International Arbitration Court • Singapore International Arbitration Centre • Southern Africa. Arbitration Foundation of Southern Africa • Sweden. Arbitration Institute of the Stockholm Chamber of Commerce • Switzerland. Swiss Chambers’ Arbitration • Tunisia. Center for Conciliation and Arbitration of Tunis • United Kingdom. London Court of International Arbitration • United Kingdom. Chartered Institute of Arbitrators • United States.
Chicago International Dispute Resolution Association (CIDRA) • United States. International Centre for Dispute Resolution (ICDR) These number of known national commercial arbitration institutions per country also
helps countries in protecting their local business and economy against other countries. It also serves as a counter arbitration process that may help the country in providing good business, like trading with other countries. Finding an international arbitrary institution may not be that gives assurance that the party may have the advantage in the proceedings in the arbitration process.
Arbitrator is the person who needs to be appointed well by the parties, a person who has vast experience in the process and law in the international level is highly necessary. The needed technical expertise must be carried by the arbitrators. They will be the main person that will carry the success of such conflict.
Some of the possible application that may be apply by the arbitrator during the litigation or arbitration process are the following: (1) advice on technical or financial matters before a contract is signed; (2) assessment of the value of a company’s assets during a takeover ; (3) advice on price re-evaluation under long-term contracts; (4) establishment of the legal scope of technology transfer agreements; (5) test for the quality of a product or building project; (6) investigation of the performance of an industrial plant and conformity with specifications; (7)
Rendering of a record of the factual situation during construction of an industrial plant; and (8) expert testimony in a court of law or in arbitration proceedings, at the request of the parties or the judge or arbitral tribunal. These are just some of the main duties and expected actions as well as qualities that an arbitrator may desirably have in order to have a better chance on winning the arbitration or litigation process. For the parties, this is necessary that they focus on selecting the right institution but having to appoint the well-experience arbitrator is more important and these must be taken more consideration. (Expertise Resolution Services, n. d. ).
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