News and Insights
Publications
The Partners of Landolt & Koch publish and make presentations on international arbitration matters, and on other areas in which the firm practises. To view a list of publications and presentations please click on the name of the author below:
Phillip Landolt
Christopher Koch
Jacob C. Jørgensen
Arbitration Institutions & Associations
Arbitration is the private resolution of disputes between parties bound to an arbitration agreement in the contract, or otherwise, by obtaining a final and binding termination of the dispute in a decision (award) issued by privately appointed judges (arbitrators).
Disputes must be referred to arbitration if the parties have agreed to an arbitration clause in their contract. This agreement legally replaces the ordinary jurisdiction of the state courts by arbitration. Most national laws, following the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, require national courts to decline jurisdiction and refer a dispute to arbitration if the parties have so agreed.
It is essential to draft the arbitration clause correctly. Many an arbitration has been complicated and some even frustrated by a pathologically drafted arbitration agreement. It is therefore highly advisable to obtain legal counsel before entering into an arbitration agreement. Landolt & Koch will ensure that your arbitration clause is the right one for your contract and your business.
What is Arbitration?
In institutional arbitration the arbitration agreement refers to arbitration rules which are promulgated and administered by an arbitration institution, such as the ICC Rules of Arbitration, the Swiss Rules of International Arbitration or ICDR Rules of the American Arbitration Association. In that case the arbitration is conducted under the auspices of the institution.
When parties agree to arbitrate but do not refer to institutional arbitration rules, they have an ad hoc arbitration clause. The United Nations Commission on International Trade Law (UNCITRAL) developed the UNCITRAL arbitration rules, a widely used set of rules to govern ad hoc arbitrations. Parties may refer to them in the arbitration clause or they may subsequently be adopted at the outset of arbitral proceedings. There is generally no institutional supervision over ad hoc arbitrations.
Knowing what institutional rules to select for the arbitration requires knowledge of the advantages and disadvantages of the different arbitration rules on the market. Landolt & Koch has extensive experience with a wide variety of arbitral rules and is able to advise our clients on the choice of the most appropriate rules for their contract and the type of dispute they may face.
Institutional or Ad Hoc Arbitration?
Arbitral tribunals generally consist of a sole arbitrator or a panel of three arbitrators. The number of arbitrators is either determined by agreement of the parties or by the arbitral institution or in the case of ad hoc arbitration by the court at the place of arbitration.
Who Decides The Dispute And How Are They appointed?
