Arbitration Laws of the World
Understanding domestic arbitration laws is crucial for any party involved in international arbitration. These laws dictate important aspects of the arbitration process, such as the selection of arbitrators, the timeline for proceedings, and the enforcement of awards. Additionally, domestic arbitration laws can provide parties with important tools to protect their rights, such as anti-suit injunctions and measures for securing costs.
When it comes to international arbitration, it is essential to understand the domestic arbitration laws of the jurisdiction where the arbitration will take place. While 72 countries have adopted the UNCITRAL Model Law, which has helped to standardize arbitration laws in those jurisdictions, the majority of countries have not. Therefore, it is important to carefully review the relevant arbitration law before commencing arbitration proceedings or becoming involved in domestic litigation.
One issue that parties must be aware of is the potential waiver of the right to arbitration if it is not raised at an initial court hearing. This is a common rule in many countries, and failure to raise the right to arbitration at the appropriate time can result in a party losing the right to arbitrate the dispute.
Fortunately, there are resources available to help parties navigate the complex landscape of domestic arbitration laws. For example, a comprehensive list of domestic arbitration laws from around the world has been compiled and made available online. This list includes the arbitration laws of many countries that are not publicly available elsewhere, such as Andorra, Grenada, Kiribati, Lesotho, Macedonia, and Tonga.
However, it is important to note that the domestic arbitration laws can and do change over time. Therefore, parties should always verify that the arbitration law in question has not been amended before relying on it in a case. By staying informed about the relevant domestic arbitration laws, parties can better protect their interests and ensure a fair and efficient arbitration process.
