1. The necessity to work across multiple international jurisdictions has a significant impact on arbitration. To start with, parties involved in an international dispute must carefully consider the choice of the arbitral institution. Different arbitral institutions have their own rules and procedures, which may vary in terms of efficiency and suitability for cross-jurisdictional cases. Some institutions, such as the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA), as well as some other arbitral institutions have a good track record of handling complex international disputes. Also, the choice of applicable law is a crucial decision that impacts the substance of the dispute. Parties may opt for the law of a related jurisdiction or choose a governing law that is neutral and unrelated to either party’s home jurisdiction. The seat or legal place of arbitration is also significant as it determines the procedural law and supervisory jurisdiction over the arbitration process. The choice of seat affects matters such as the enforceability of the arbitral award and the degree of judicial intervention in the proceedings. Parties should select a seat that is arbitration-friendly and recognised under international conventions, such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. International arbitration often involves parties, arbitrators and counsel from different countries, speaking different languages and having diverse cultural backgrounds. This presents challenges in communication and understanding. It is important to ensure effective interpretation and translation services are available and arbitrators are chosen with relevant language skills and cultural understanding. One of the primary advantages of THOUGHT LEADER 67 Arbitrating in MultiJurisdictional Disputes Thought Leader Arbitration is often challenging, and the addition of a multijurisdictional element complicates proceedings considerably. Differences in law, language and culture become stumbling blocks that require great experience to overcome. In this feature, Jan Heuvels shares advice on the most effective techniques for arbitrating a multi-jurisdictional dispute, drawing upon experience gained from over 30 years of practice.
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