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Instead of rigid rules of civil procedure, the tribunal issues "Procedural Order No. 1," which sets the timetable for briefs, document production (discovery), and witness statements.
An arbitral tribunal has the legal authority to rule on its own jurisdiction. If a party claims the arbitrators have no power to hear the case, the arbitrators themselves—not a court—usually decide that question first. The Principles and Practice of International Co...
Practitioners and companies prefer ICA over national litigation for several strategic reasons: Instead of rigid rules of civil procedure, the
Because of the New York Convention, it is often easier to enforce an arbitral award globally than it is to enforce a national court judgment. Conclusion If a party claims the arbitrators have no
It avoids the "home-court advantage." A French company and a Japanese company might agree to arbitrate in Switzerland to ensure a level playing field.
A typical arbitration follows a structured path, though it is more flexible than a courtroom trial:
