What is arbitration

Arbitration is a dispute resolution mechanism and is available to the parties in both domestic and international disputes.

The parties refer a dispute to arbitration when they are not happy with court proceedings which are not always happy of how their disputes are resolved by their state courts.

In many jurisdictions this takes too much time and is regretfully mainly a formalistic intellectual exercise conducted distantly from the parties.

In international disputes, whenever a party cannot impose its Courts to the other one and does not intend to accept the jurisdiction of the courts of the other contracting party, arbitration is not only an attractive solution, but it frequently becomes necessary.

Arbitration may be organised directly by the parties by setting up their own arbitration rules or referring to already existing rules without requesting that the proceedings be administered by an arbitration centre. These arbitrations are defined “ad hoc”.

The parties more frequently refer the dispute to an administrating body. That body, like the European Court of Arbitration, appoints the arbitrator, who must proceed under its rules.

The parties are invited to experience arbitration, by carefully selecting the arbitrator.

 

The Arbitration Rules – Commercial and Foreign Investment Arbitration

CEA’s arbitration rules aim at resolving disputes between private parties, frequently referred to as commercial disputes (even if they are not necessary only commercial and may concern disputes on other rights of which the parties may freely dispose).

Information may be provided as to foreign investments disputes.

 

Standard Clauses

The parties may select the Standard Arbitration Agreement of this institution or to mediate and – if unsuccessful – to arbitrate the dispute through our Mediation plus Arbitration Standard Agreement.

The parties are then offered a short standard arbitration agreement, as well as a mediation and arbitration standard agreement, while a longer one, which deals with several other important and delicate issues, is also available to more sophisticated users.