Commercial Arbitration

- covers matter arising from all relationships of a commercial nature, whether contractual or
not
- Relationships of a transactions: any trade transaction for the supply or exchange of goods
or services; distribution agreements; construction of works; commercial representation or
agency; factoring; leasing, consulting; engineering; licensing; investment; financing;
banking; insurance; joint venture and other forms of industrial or business cooperation;
carriage of goo

International Arbitration
- arbitration between companies or individuals in different states, usually by including a
provision for future disputes in a contract.
- allows the parties to avoid local court procedures.
- Has different rules than domestic arbitration, and has its own non-country-specific standards
of ethical conduct
- process may be more limited than typical litigation and forms a hybrid between the common
law and civil law legal systems

Advantages of Arbitration
 Unlike in court, parties can select an arbitrator with an appropriate degree of practical
experience.
 Arbitration is often faster than litigation in court, and a time limit can be placed on the length of
the process.
 Arbitration can be cheaper and more flexible, more commercial and less formal than court.
 Unlike court rulings, arbitration proceedings and arbitral awards are confidential.
 Unlike in court, there are very limited avenues for appeal of an arbitral award, which limits the
duration of the dispute and any associated liability.
 Due to the provisions of the New York Convention 1958, arbitral awards are generally easier
to enforce in other nations than court judgments.

Role Of Courts
- can offer parties an alternative method of dispute resolution that will suit the parties’ needs
and result in the effective administration of justice.
- Courts decide how close a program is to the court, how mandatory or voluntary a process is,
who the neutrals are, how and if neutrals will be compensated, how confidential the process
is and whether the process is binding.
- typically, courts either provide access to ADR for entire sectors of a court (e.g., family or
housing) or for particular types of cases within a sector of a court (e.g., divorce or landlord-
tenant cases).
- courts that develop and maintain a roster of neutrals from which neutrals are appointed by
the court.
- ourt contracts with an outside entity to administer the ADR program and provide services on
the court's behalf.

Construction Arbitration

- include those between or among parties to, or who are otherwise bound by, an arbitration
agreement, directly or by reference whether such parties are project owner, contractor,
subcontractor, quantity surveyor, bondsman or issuer of an insurance policy in a
construction project.