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ADVANTAGES AND DRAWBACKS OF ARBITRATION

ADVANTAGES AND DRAWBACKS OF ARBITRATION. Maëva DIOCHOT Marie ESNAVANT. DEFINITION OF ARBITRATION. The arbitration is a consensual mode of international regulations, it involves the interests of the international trade. CARACTERISTICS OF ARBITRATION. The arbitration is a consensual procedure

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ADVANTAGES AND DRAWBACKS OF ARBITRATION

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  1. ADVANTAGES AND DRAWBACKS OF ARBITRATION Maëva DIOCHOT Marie ESNAVANT

  2. DEFINITION OF ARBITRATION • The arbitration is a consensual mode of international regulations, it involves the interests of the international trade.

  3. CARACTERISTICS OF ARBITRATION • The arbitration is a consensual procedure • The parties choose one or several arbitrators • The arbitration is neutral • The arbitration is a confidential procedure • The decision of the arbitration court is definitive and easy to execute

  4. ADVANTAGES • International recognition of arbitral awards • flexibility in its progress • freedom to choose the place of the arbitration and the arbitrators by name • Chambers are specialized • Confidentiality • The parties research a justice which is different from the justice returned by the state jurisdictions

  5. DRAWBACKS • The arbitration does not allow to put itself shielded from a petition for nullity • It can be necessary to have appeal to the public authorities to make it apply • Drift towards one method of payment of expensive, long and quibbling disputes • The arbitration procedures can be long

  6. CONCLUSION • The arbitration was created to give users a structure and capacities which are adapted to the resolution of their discords. • We can give you an example of arbitration: the American Express company uses it.

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