NCJ Number
94901
Journal
Business Lawyer Volume: 38 Dated: (August 1983) Pages: 1685-1728
Date Published
1983
Length
42 pages
Annotation
American Arbitration Association (AAA), International Chamber of Commerce (ICC), London Court of Arbitration (LCA), and United Nations Commission on International Trade Law (UNCITRAL) arbitrations are reviewed from inception to award, and English, French, and American arbitration laws applicable to international commercial arbitration are examined.
Abstract
International commercial arbitrations administered by the AAA, conducted either by AAA or UNCITRAL and subject to U.S. arbitration laws are best designed to provide the parties with the most efficient and effective system of alternative dispute resolution. There is only one drawback to arbitration in the United States: if a party initially contests an arbitrator's jurisdiction, resolution of the controversy may be lengthy and involve costly court proceedings. In LCA arbitrations conducted in London and governed by English arbitration laws, interference by the English courts during several stages of the arbitral proceedings is likely. Similarly, in ICC arbitrations held in Paris and subject to French arbitration laws, interference by French courts is also likely. Arbitrations held in the United States are less restricted by parochial interests as reflected in domestic arbitration laws and judicial decisions. Moreover, international arbitrations administered by the AAA are less costly, and there is substantially less time-consuming institutional involvement by the AAA during and after the proceedings than is ordinarily the case with the ICC. Use of AAA or UNCITRAL laws is more likely to achieve the goals of international commercial arbitration than is use of the LCA or ICC rules. Numerous references are included.