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Arbitration Thu Huong & Winthrop Faculty of ESP FTU


Three branches of the U.S. Federal Government Congress/ Parliament / National Assembly

Legislative

President and Vice president / Prime Minister

Executive

Courts

Judicial


US judicial system


Vietnam’s Judicial System


Arbitration 

A form of alternative dispute resolution (ADR), Is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators"), by whose decision (the “award") they agree to be bound.


Arbitration ď Ź

ď Ź

ď Ź

It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides. Is most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions. Can be either voluntary or mandatory and can be either binding or non-binding.


Mediation   

Can be binding or not binding An alternative to court action Eg: in divorce situations – in America 50% marriages end up at divorces.


Arbitration 

   

Has been the dominant force in dispute resolution in areas such as: Shipping Commodities, and Construction Takes place in private place, unlike litigation in the court.


Arbitration 

A neutral forum with a panel of three arbitrators:  One chosen by one party  One chosen by the other party  One chosen either by the parties or the two party-appointed arbitrators.


Arbitration 

Main centres for international arbitration are: Paris, London, Geneva, Stockholm, New York, Hong Kong and Singapore.

Stockholm: east-west trade disputes

London: shipping & commodities


Name recognition 

Paris: home of the International Chamber of Commerce and its rules.

London: home of the London Court of International Arbitration.

Geneva


Arbitration ď Ź

Arbitration bodies try hard to get their standard arbitration clause put into people contracts, so they have a captive market once disputes arise.

ď Ź

They do this by publicising their activities and their rules.


Arbitration 

What people look for in an arbitration is: 

Speed

Cost effectiveness

Confidentiality, and

Reliability.


Arbitration The choice of the venue depends on:  The availability of good experienced arbitrators.  The availability of good experienced arbitration lawyers, and expert witnesses such as accountants and engineers.  The cost of these people.  The support that local legal system gives to arbitration.  Accessibility: flight access, good facilities, administrative back-up, good telecommunications, IT support, and climate.


Arbitration ď Ź

National legislation has to lend its support to such an important economic activity as arbitration.


Terms       

Dispute resolution Arbitrators Award A third party reviews the case Imposes a decision Legally binding Non-binding


Terms       

Voluntary Mandatory International commercial disputes Shipping / Commodities / Construction In private place Litigation in the court. A panel of three arbitrators


Terms     

Name recognition Arbitration bodies standard arbitration clause A captive market Speed, Cost effectiveness, Confidentiality, and Reliability. Legislation


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