The Principles And Practice Of International Co... -

An arbitral tribunal has the legal authority to rule on its own jurisdiction. If a party claims the arbitrators have no power to hear the case, the arbitrators themselves—not a court—usually decide that question first.

International Commercial Arbitration (ICA) is a private system of justice that bypasses national courts in favor of neutral, expert panels. 1. The Core Principles The entire system rests on a few foundational pillars: The Principles and Practice of International Co...

The subject (often associated with the seminal textbook by Redfern and Hunter) covers the primary mechanism for resolving cross-border business disputes. An arbitral tribunal has the legal authority to

The arbitration clause is legally distinct from the main contract. Even if the underlying contract is found to be void or terminated, the agreement to arbitrate remains valid so the dispute can still be resolved. Even if the underlying contract is found to

Practitioners and companies prefer ICA over national litigation for several strategic reasons:

It avoids the "home-court advantage." A French company and a Japanese company might agree to arbitrate in Switzerland to ensure a level playing field.

Parties can appoint arbitrators with specific technical or industry knowledge (e.g., oil and gas, maritime law, or intellectual property).