Why resort to arbitration?

Characteristics common to numerous disputes	Legal proceedings	Arbitration
International dimension	multiple proceedings with different legislations that may come to differing results possibility of a real or presumed advantage for the party in whose country the proceedings are held	unique proceedings in accordance with the legislation determined by the parties arbitration proceedings and the arbitrator’s nationality may differ from the legislation, language and institutional culture of the parties
Technical matter	the adjudicator may not have the required expertise(s)	the parties may choose one or several arbitrators with the required expertise(s)
Matter of urgency	proceedings are often very long protective measures allowed in certain jurisdictions	the arbitrator(s) may shorten the proceedings arbitration may allow for protective measures; it will not oppose a protective measure before a judiciary power
Necessity of a final decision	Possibility to lodge one/several appeal(s)	Very few possibilities to lodge one/several appeal(s)
Confidentiality, business secrets and reputation	proceedings and decisions are public knowledge	proceedings and decisions are confidential

Characteristics common to numerous disputes

Legal proceedings

Arbitration

International dimension

multiple proceedings with different legislations that may come to differing results
possibility of a real or presumed advantage for the party in whose country the proceedings are held

unique proceedings in accordance with the legislation determined by the parties
arbitration proceedings and the arbitrator’s nationality may differ from the legislation, language and institutional culture of the parties

Technical matter

the adjudicator may not have the required expertise(s)

the parties may choose one or several arbitrators with the required expertise(s)

Matter of urgency

proceedings are often very long
protective measures allowed in certain jurisdictions

the arbitrator(s) may shorten the proceedings
arbitration may allow for protective measures; it will not oppose a protective measure before a judiciary power

Necessity of a final decision

Possibility to lodge one/several appeal(s)

Very few possibilities to lodge one/several appeal(s)

Confidentiality, business secrets and reputation

proceedings and decisions are public knowledge

proceedings and decisions are confidential

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Why resort to arbitration?

Comparative table on why to resort to arbitration for a common law or international (private and/or public) dispute