International Law Arbitration

Arbitration is a form of alternative dispute resolution where two parties refer their legal dispute to an arbitrtion court (Schiedsgericht)

If two parties declare that they will stick to the decision the arbitration court declares that is called arbitration award (Schiedsurteil) which is the same as a enforceable court judgement

Their are competent court for arbitrations

The arbitration institution will usually advice on appropriate arbitrators, use its own procedure rules and often provide additional arbitration services

ICC - International Chamber of Commerce

• est. 1923

• formular expensive

DIS - Deutsches Institut für Schiedgerichtbarkeit

• most important abitration institut in germany

• close to the german civil procedure

The International Centre for Settlement of Investment Disputes

• based in washington

• arbitration institute for the world bank+

Diffucult if more than two parties are involved

no injunction available (es ist nicht erzwingbar, zwei partein müssen sich darauf einlassen)

obtaining evidence is limited by time

can be more expensive than normal courts

It is extremly diffucult to correct a decision once it is taken because there is no other level above (die parteien haben sich darauf geeinigt)

Certain areas are excluded from arbitration for example family law, immigration law and criminal law

parties may adapt proceedings to their need because arbitration is very flexible

each partie can choose one arbitrator with expertise in a specific field for example a lawyer with a background on technical devices

It is normally faster than regular courts because it has only one instance. If the abrtration is settled both parties have two weeks time to send in all the documents to the 3 arbitrators

can be cheaper

it is not public so alle the informations a kept confidential

arbitral awars are easier to enforce in other countries

neutral forum because arbitrtional instances have no governmental influence or state interest