Shanghai international arbitration lawyer

Our Shanghai lawyer share insights on the international arbitration matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information..

A.  Commercial Arbitration and Mediation Center for the Americas (CAMCA) (http://www.adr.org/sp.asp?id=22092)
The Commercial Arbitration and Mediation Center for the Americas provides commercial parties in the Americas with a forum for the resolution of private commercial disputes and is designed to be consistent with the North American Free Trade Agreement (NAFTA).  It is the joint creation of the AAA, the British Columbia International Commercial Arbitration Centre, the Mexico City National Chamber ofCommerce, and the Quebec National and International Commercial Arbitration Centre, and it is governed by representatives from each group.  Its Arbitration Rules and  Model Clause  (http://www.adr.org/sp.asp?id=22092) are found on the American Arbitration Association's Web site.  The Web site is in English, French, and Spanish.

B.  European Court of Arbitration ( http://cour-europe-arbitrage.org/index.php?lang=en ) [English, French, Italian, Spanish, German, Arabic]
Headquartered in Strasbourg with departments throughout Europe, the European Court of Arbitration is a private organization that specializes in swift, affordable arbitrations.  It is an open body, with regulations and compromise clauses applicable to anyone.  In addition, unlike most arbitral institutions, there is no designated list of arbitrators; parties select their own.  You can find  links under "Standard Agreements" on the home page to Arbitration Clauses and Rules.

A.  International Chamber of Commerce (ICC) (http://www.iccwbo.org)
The dispute resolution procedures of the International Chamber of Commerce specifically target international business disputes.  ICC arbitrations are confidential and offer the parties the choice of arbitrators, place of arbitration, rules of law, and language of the proceeding. The ICC has several dispute resolution mechanisms. The current ICC Rules of Arbitration (http://www.iccwbo.org/court/arbitration/id4199/index.html) are available in PDF and HTML formats in 13 languages.  In force as of january 1, 2012, the 2012 Rules of Arbitration can be found in English, Portuguese, Spanish, French and German.  Model or Suggested Clauses (http://www.iccwbo.org/court/arbitration/id4114/index.html) for each of the ICC's dispute resolution procedures can be used in contracts and business agreements. The ICC Model Arbitration Clause is available on the Web site in over 35 languages.

B.  International Court of Arbitration (ICA)   (http://www.iccwbo.org/court/arbitration/id4400/index.html)[In English, Spanish, French]
The International Court of Arbitration was established in 1923 as the arbitration body of the ICC.  It has administered over 17,500 arbitration cases involving parties and arbitrators from about 200 countries and territories.   The ICA oversees the arbitration process and regularly reviews the progress of pending cases.  One of the Court's most important functions is to scrutinize and approve all arbitral awards.  A detailed explanation of the ICA arbitral process is available in English (http://www.iccwbo.org/uploadedFiles/Court/Arbitration/810_Anglais_05.pdf).
The ICA Awards page (http://www.iccwbo.org/court/arbitration/id4096/index.html) lists sources for redacted extracts of ICC arbitral awards.  These are available by subscription.  The ICC International Court of Arbitration Bulletin,  published since 1990,  contains previously unpublished extracts from ICC awards with commentaries as well as articles.  To find out where an award has been published, you can enter the case number in a search box on the Awards page.  

Shanghai international arbitrationlawyer

This Shanghai lawyer blog shares insights on international arbitration matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

More and more China businesses frequently choose binding arbitration as a less costly ad speedier alternative to litigation. Other reasons businesses opt for arbitration are control over the process, privacy and confidentiality of the proceedings, the relative finality of the outcome, and a less adversarial process that may preserve future business relationships.

With the increasing popularity of arbitration, it is not surprising that attorneys familiar with the tactics and practices of litigation have brought to the arbitration process these adversarial tactics. These tactics drive up the costs, delay proceedings, and ultimately bring in court review of the outcome. Examples are expanded discovery, exhaustive arbitral motion practice, and extensive hearing times.

If an important goal of the business client is to preserve the speed, efficient, and economy of the arbitration process, it is important to work closely with outside counsel to set the appropriate guidelines at the outset of the process to preserve these goals. Experienced outside counsel who have litigated international commercial cases and been through the arbitration process are in a position to effectively deal with opposing counsel and establish a plan to preserve the business client goals of efficient and economy throughout the arbitration. process.

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