Asymmetrical Arbitration Agreement: Validity And Enforcement - Litigation, Mediation & Arbitration
Introduction Arbitration has long been valued as an entirely voluntary process. In an ideal international commercial arbitration equally sided parties may freely decide to arbitrate as well as agree on innumerable options of how exactly possible disputes shall be resolved: institution or ad hoc arbitration, seat and language of arbitration, venues and means of proceedings, number and description of arbitrators, allocation of costs, etc. Enjoying such procedural freedom, parties frequently decide that one party saves the option to refer disputes either to arbitration or to state court whilst t...
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