Questions for Local Lawyers
- Is the dispute capable of being referred to arbitration under the local law?
- What procedural rules of the local law are mandatory (and cannot, therefore, be excluded by agreement of the parties)?
- Does the law of the seat impose any unusual requirements on the form or substance of the parties arbitration agreement/clause (for example, the use of a particular institution)?
- Is it advisable for me to include an express choice of law to govern my arbitration clause?
- How far will the local courts intervene to assist the arbitration, for example, by granting an interim injunction, by compelling disclosure of documents or by compelling witnesses to attend?
- What is the danger of the local courts intervening to frustrate the arbitration: can one party stall the proceedings by frequent court applications?
- What are the powers of the arbitrators?
- Will the arbitrators have power to decide as "amiable compositeur"?
- What form will the arbitration award take?
- Is the award final; can the parties effectively exclude any right of appeal to the courts, on legal and/or procedural grounds? If not, what are the consequences?
- Will the arbitration award be enforceable under local law?
- What is the likely cost and duration of arbitration proceedings?