Services - International Commercial Arbitration
Quicklinks:
Introduction - The Advantages - Recognition & Enforcement of Awards - Arbitration (Scotland )Bill
- Our Experience - Contact Details
Introduction
As international trade has increased, so have international disputes, and there has been a steady growth in the practice of submitting those disputes to International Commercial Arbitration. This is because the parties often wish to avoid such disputes being tried before the national courts of their opponents; and the desire to find a neutral decision maker to resolve such transnational disputes.
The Advantages of International Commercial Arbitration
The relative efficiency and inexpensiveness of international arbitration compared to international litigation before national courts, means that many parties choose this method of dispute resolution, as it will afford them:
- An opportunity to select decision-makers who have the appropriate degree of ability and expertise necessary to determine the particular dispute
- An ability to adjust the procedures to meet the particular circumstances of the case
- Efficiency and speed of the process
- International recognition and enforcement of Awards
Recognition and Enforcement of Awards
As a consequence of the procedures which have been adopted by International Institutions such as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), and the American Arbitration Association (AAA); and the various Conventions, including the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, many clients who pursue cases through International Commercial Arbitration have found the significant advantage that successful Awards can be recognised internationally and enforced speedily in any one of the 142 of the 192 United Nations states (information current as at 1 October 2009), who have contracted to the New York Convention.
The Arbitration (Scotland) Bill
The Arbitration (Scotland) Bill soon to be passed into law by the Scottish Parliament, Arbitration will clarify and consolidate Scottish Arbitration Law, and introduce a new statutory framework for those Arbitrations where there is no express agreement in the contractual documentation. It will extend the opportunities for individuals, small and medium sized firms and large businesses to utilise this means of Alternative Dispute Resolution. This means that not only will Scottish businesses be able to benefit from the provisions, but international companies with transnational disputes can choose to have their disputes determined in Scotland; and could lead to Scotland becoming a World-leader in International Commercial Arbitration.
Our Experience in International Commercial Arbitration
Iain Clark is experienced in conducting International Commercial Arbitrations, and is ideally placed to represent clients with International Commercial Arbitration business, following his recent successful completion, from start to finish, of an especially complex International Commercial Arbitration under the International Court of Arbitration procedure of the International Chamber of Commerce (ICC) in Geneva, Switzerland.
Iain is also Visiting Lecturer on International Commercial Arbitration at the University of Edinburgh and at the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) at the University of Dundee.
Please feel free to contact Iain to discuss your requirements, whether that be in relation to suggested Arbitration Clauses for inclusion within your Contracts, or to represent you in Arbitration proceedings in Scotland or abroad.
Contact details:
Iain K Clark
Solicitor Advocate
Young & Partners LLP
Business Lawyers
126 West Regent Street
GLASGOW G2 2BH
Scotland, United Kingdom
Legal Post: LP-25, GLASGOW 1
| Telephone: |
+44 (0)141 222 5936 |
(Direct Dial) |
| |
+44 (0)141 222 5935 |
(Reception) |
| |
|
|
| Fax: |
+44 (0)141 248 6718 |
| |
|
| Email: |
ikc@businesslaw.co.uk |
Downloads:
|
