The Prominent Malpractices in International Commercial Arbitration and How to Avoid Them
Introduction
International commercial arbitration is one of the most important alternative methods for resolving commercial disputes that arise between parties across borders. However, some improper practices may negatively impact the arbitration process and its outcomes. This article aims to highlight the most prominent of these practices and how to avoid them to ensure justice and the efficiency of arbitration.
Key Improper Practices in International Commercial Arbitration
1-Inaccurate Selection of Arbitrators
One of the most common mistakes is choosing arbitrators who lack experience or impartiality. This may lead to unfair decisions or delays in the arbitration process.
2-Neglecting the Drafting of the Arbitration Agreement
Failing to draft a clear and precise arbitration agreement can result in significant issues, such as not specifying the applicable laws or the arbitration venue, thereby opening the door to interpretations and disputes.
3-Delays in Procedures
Delays in submitting documents or adhering to specified timelines are common problems that extend the duration of arbitration and increase its costs.
4-Excessive Interference by Parties
When parties attempt to influence arbitrators or interfere in the arbitration process, it undermines the integrity of arbitration.
5-Lack of Transparency
A lack of transparency in procedures or evidence submission can erode trust in the arbitration process and its outcomes.
How to Avoid Improper Practices
1-Selecting Qualified and Impartial Arbitrators
It is essential to ensure that arbitrators have the competence and experience in the field of dispute, along with a commitment to impartiality.
2-Drafting a Clear and Precise Arbitration Agreement
The arbitration agreement should include detailed provisions about the applicable laws, arbitration language, venue, and procedural rules.
3-Adherence to Timelines and Procedures
Both the parties and arbitrators must strictly adhere to the specified schedule to avoid unnecessary delays.
4-Ensuring Integrity and Transparency
All evidence and procedures must be clear and disclosed in a manner that enhances trust in the arbitration process.
5-Minimizing Interference
Parties must respect the independence of arbitrators and avoid any attempts to influence their decisions.
Conclusion
International commercial arbitration is an effective tool for resolving disputes, but it requires careful and disciplined practice to avoid mistakes that may hinder justice. By selecting qualified arbitrators, drafting a clear agreement, adhering to procedures, and ensuring integrity, fair and efficient arbitration can be achieved, meeting the expectations of the parties involved. Awareness of improper practices and ways to avoid them is therefore a fundamental step toward the success of any arbitration process.
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