Advantages you did not even think about !

ADVANTAGES  (Added values)

The advantages of Conventional Arbitration as compared to a trial before a State Court of Justice are:

  • Choice of the arbitrator according to his competencies and his expertise in a particular field (Judge picking);
  • Availability of the arbitrator -vs- availability of the judge;
  • Case management and control of deadlines by the arbitrator;
  • Rapidity of progress of a file towards a date of hearing on the merits;
  • Confidentiality of the hearing -vs- public trial;
  • Preservation or improvement of the business relationship with the other party;
  • “Don’t wash your dirty linen in public”;
  • Confidentiality of documents and strategic information -vs- all availability to the public:
  • Detailed tender :  Business secret;
  • Particular working method :  Business secret;
  • Fully detailed accounting (profits, impact expenses) :  Business secret;
  • Particular cases :
    • Franchising agreement:  Business secret;
    • Strategy of marketing : Business secret;
    • Industrial secrets;
  • Confidentiality of the Arbitration Award;
  • Usually, procedural rules and rules of evidence are eased (favours the producing of evidence and of all the evidence);
  • Generally, the atmosphere is more relaxed;
  • May be less expensive than a trial before a State Court of Justice;
  • Particular case of International Arbitration:
    • Easiness of execution of the Arbitration Award : (International Treaties specific with the execution of the arbitration decisions);
    • Juridical security (? trust in the judicial system of that other country ?).