Arbitration

Arbitration is quickly becoming the primary method to resolve international commercial disputes, and its advantages are widely recognised:

• neutrality: neither party is required to submit to the national jurisdiction of the other
• party control and flexibility of procedure: parties have a large autonomy
• party-nominated arbitrators: the parties can choose their arbitrator(s)
• privacy: confidentiality can be secured
• cost-effectiveness: although parties have to pay for the fees of their arbitrators, they devise a procedure which is proportional and adapted to the case

Stibbe has well reputed arbitration practitioners, who advise on the appropriate arbitration clauses for international commercial agreements in terms of:

• place of arbitration
• language of the proceedings
• applicable law
• number of arbitrators
• administered arbitration or ad hoc

An adequate arbitration clause is the first prerequisite for the later enforcement of the award under the New York Convention which is ratified by some 120 countries worldwide.

Our lawyers regularly act as counsel in both national and international arbitration proceedings concerning all types of disputes concerning i.a. construction, distribution, IT, energy, sales, share purchase agreements, investments.

Some of our arbitration practitioners sit regularly as arbitrators appointed by either the parties or various arbitration institutions (ICC, Cepani, LCIA, etc.). Acting as an arbitrator provides insight in the decision making process of arbitral tribunals and familiarity with other arbitrators which in turn enhances our role as counsel in arbitration.