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35 Int'l L. News 1 (2006)

handle is hein.journals/inrnlwnw35 and id is 1 raw text is: INTERNATIONAL
LAW NEWS
WINTER2006      VOL. 35 NO. 1
SECTION OF INTERNATIONAL LAW  AMERICAN BAR ASSOCIATION
WWWABANET.ORG/I NTLAW
WHT    CHOS INTTTOAL
ARBITRATO   FOR ITRATIOAL
CO     E  CAL DIPUE

BY RAMON MULLERAT

!he resolution of disputes arising from international
commercial transactions is generally complex and
problematic. Different languages, customs, cultures,
parties' locations, and legal systems contribute to this com-
plexity. That is why, in international disputes, arbitration is
often advisable over litigation, and why it has become the
dominant system of resolving disputes in international busi-
ness and trade.
Advantages of Arbitration
Below are the advantages of choosing arbitration for interna-
tional business disputes.
Time: Thanks to the fact that each case stands on its own
merits (avoiding a backlog of cases), that the proceedings are
flexible, and that the possibility to appeal the award is limit-
ed, arbitration is generally quicker than litigation.
Cost: Saving time means saving money Traditionally, one
of the advantages of arbitration is its lower cost in compari-
son to litigation. Unfortunately, the tendency is for arbitration
to become lengthier and costlier, so all involved should strug-
gle to return to the original simplicity of arbitration.
Flexibility: The private nature of the arbitration proce-
dure allows the parties and arbitrators to fix the procedure. At
the same time, they have discretion, not afforded to national
court judges, to move away from the rigid nature of the litiga-
tion procedure. This flexibility is particularly useful in the
field of international arbitration, when the parties and arbitra-
tors come from different jurisdictions and legal systems.
Party autonomy: In arbitration, parties have the option to
choose the relevant rules and laws. Party autonomy is thus
the main priority, and the arbitration process aims to give
effect to it at all possible times, enforcing and supporting the
parties' consensus to arbitrate, rather than interfering with it.
continued on page 6

SPECIAL

FOCUS

ISSUE

T R A N S
NATIONAL
LITIGATION &
ARBITRATION

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