What to look for in a seat?
The following may be helpful to consider before choosing your seat:
- Modern Arbitration Law
Has your proposed seat adopted the Model Law and if so are there any significant qualifications to its adoption? If you are not choosing a Model Law jurisdiction, have you checked whether the procedural laws in your location are arbitration-friendly?
- The National Courts
What is the approach of the local courts to arbitration? Have you checked, perhaps with local counsel, as to what the local courts attitude to enforcing the parties’ agreement to arbitrate and supporting the arbitration process? What is the national courts approach to intervention in the arbitral process? How likely are they to enforce any award rendered?
Arbitral and Legal Expertise
Does your proposed seat have an established high quality and sophisticated legal system? If so, your choice of seat may be more likely to have a sufficient pool of resident experienced and qualified arbitrators?
Your choice of seat should also be practical on a logistical level. Will those likely to be involved in the arbitration be able to travel easily to and from the arbitration venue? Is there a good transport infrastructure at your location which will facilitate the parties and arbitrators once they are in place. Can any logistical issues including issues relating to translators, stenographers or interpreters be satisfactorily dealt with?