One of the primary advantages of arbitration is the relative ease of enforcement of arbitral awards in states which are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
When a dispute arises which must, under the terms of an arbitration agreement, be referred to arbitration, the first step will be for the parties to appoint the tribunal. Finding the right arbitrators and ensuring that the relevant contractual, statutory or institutional requirements are complied with is vital.
Which is best? This is an age-old question. Should you put an arbitration clause in your contract? And, if so, what sort of arbitration clause? In summary, there will never be a correct answer that applies to all circumstances. There is no straightforward solution and one size most definitely does not fit all.
Making an investment into another state, known as foreign direct investment (“FDI”), generally carries a significantly different risk profile from investment in an investor’s domestic market. FDI may be exposed to greater risks arising from the political, regulatory and economic environment of the State into which investment is made.