Navigating the Arbitral Institutions and Venues

A recent survey suggests that the most important aspect of arbitral seat-selection is the 'formal legal infrastructure' of the seat. This includes the arbitration law of the seat, its attitude towards enforcing arbitral awards, as well as its neutrality and impartiality. Second to the formal legal structure was the convenience of the seat, for example the availability of judicial assistance. Interestingly, the choice of arbitral institution did not rank very highly in the factorsaffecting parties' choice. In this paper, CIArb President Professor Doug Jones AM explores the role that an arbitral institution can play in an arbitration, and concludes that the availability of arbitral institutions should indeed be kept inmind by parties when choosing an arbitral seat. In doing this, the significance of the Australian Centre for International Commercial Arbitrations and the Australian International Disputes Centre is explored.

Download Article  |  Doug Jones