When it comes to dispute resolution, selecting the right venue is essential. It can have a major impact on the process, from the local laws that oversee the arbitration to the rules that govern the proceedings. It's important to consider a few key criteria when making your decision. First, you'll need to pay attention to the local laws and judicial attitude towards arbitration in the chosen jurisdiction.
This will determine how the arbitration is conducted and who can act as counsel or arbitrator. Additionally, the local laws will be important for enforcing any final award or requests to annul it. The venue should also be convenient for both parties and their witnesses. The agreement should provide for a location that meets everyone's needs and is agreed upon by both parties.
It's important to consider factors such as physical and legal access to the area when making your decision. When choosing between arbitration and litigation, there are several details to consider. Arbitration institutions often have rules on consolidation of disputes into single arbitrations and use of summary procedures for “indisputable issues”, while litigation tends to achieve these objectives more easily. Finally, there are some potential disadvantages of choosing arbitration that should be taken into account.
These include higher costs, lack of public access to proceedings, and limited appeal options.
