Charndell
Dispute management services


                                                                         Charndell Associates Co., Ltd.
                                                                     4/F, Unit 1402, GP House, 
                                                                                      572 Soi Ladprao 112. Wangthonglang,
                                                                   Bangkok 10310, Thailand
                                                                         Phone: (66-2) 514-9170 to 1
                                                              Fax: (66-2) 514-9172
                                                                           E-mail:
vsmith@charndell.com

 

      

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ARBITRATION

As an alternative to litigation parties to disputes are turning to arbitration to resolve their disputes.

Some of the potential advantages and disadvantages of arbitration are:

Advantages:

  • Arbitration is more flexible than court proceedings and arbitration procedures can be adopted to suit the parties and the circumstances of the dispute.
  • Arbitration can be less expensive and quicker than litigation.
  • Technical matters can be referred to an arbitrator with expert knowledge in the field of the dispute.
  • The proceedings and results of arbitration are private and not in the public domain.
  • An arbitration award is more easily enforced than a court award in foreign jurisdictions.

Disadvantages:

  • Judges are normally more experienced in acting in a judicial capacity and are more familiar with the details of the law.
  • The right of appeal is limited.
  • Third parties can normally only be joined in the proceedings where the parties consent to this.
  • Arbitration incurs expenses for the venue of the hearing and the cost of the arbitrators whereas the cost of using the court system is normally minimal.

The Arbitration Process:

Arbitration is a consensual form of dispute resolution allowing the parties to determine how they wish the proceedings to be conducted, subject to any limitations the arbitration rules and laws governing the arbitration may impose on the parties.

The arbitration procedures normally consist of the following:

·        A request to commence the arbitration by the Claimant.

·        A reply to the request by the Respondent.

·        Appointment of the arbitrators.

·        A preliminary meeting held with the parties to determine the issues in dispute and the procedures for the arbitration.

·        Further submissions by the parties if required.

·        Submission of witness statements and a hearing (if a hearing is required).

·        Submission of closing statements by the parties.

·        Publication of the award by the arbitrators.


Once an award has been made the parties are required to comply with the terms of the award. Under most arbitration rules there are time limits within which challenges on the award can be made. Should a party not voluntarily comply with the award the other party can normally seek enforcement of the award through the courts in the place of enforcement.

Management of the Arbitration:

The effectiveness of arbitration depends largely on the arbitratorís experience and ability to manage the dispute. The arbitrators are provided with a number of powers manage the arbitration either in the arbitration agreement, the chosen arbitration rules of the law chosen to govern the arbitration. The choice of the arbitrators is one of the most important decisions the parties will make in an arbitration.

 


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