Robert Masson

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 ?).