Advantages of arbitration
The advantages refer to the benefits and outcomes achieved by the characteristics of arbitration and explain why arbitration is considered an attractive option for resolving disputes.
The advantages of arbitration include:
Speed of solution:
Arbitration provides a quick solution to disputes compared to traditional judicial procedures, which may take years to reach a final decision. Thanks to the simplified procedures and flexibility in scheduling hearings, the parties are able to obtain an arbitration decision in a shorter time.
Cost reduction:
Arbitration reduces the financial costs associated with resolving disputes. Compared to traditional trials that require significant legal expenses and court fees, arbitration avoids these costs thanks to its simple and straightforward procedures.
Achieving justice:
Arbitration contributes to achieving justice by selecting arbitrators who possess expertise and specialization in the relevant field of the dispute. These judges understand the details of the case better and can issue a fair ruling based on a deep understanding of the subject.
Implementation of decisions internationally:
Arbitration decisions are enforceable internationally thanks to agreements like the New York Convention, which ensures the recognition and enforcement of arbitration awards in member states.
Reducing stress:
Arbitration helps reduce tension between parties due to its informal and flexible nature. Instead of the tensions that may arise in lengthy and complex legal proceedings, arbitration allows the parties to collaborate in establishing the rules of the process and managing the dispute in a way that minimizes personal conflicts.
Steps of the arbitration process:
The procedures followed:
1. Submitting the case electronically: A student (of arbitration or mediation) submits a request for arbitration electronically through the link according to the type of arbitration required, following the instructions to complete the process of gathering the necessary information and documents.
2. As soon as you finish submitting your online application, we will automatically send you a copy of the arbitration or mediation request you submitted.
3. Application Review: The union will review the application to ensure its completeness, and will then proceed with the case registration procedures accordingly. If the file is not complete, we will follow up by contacting the client via email within 48 hours.
4. Paying the application fee: Once we finish reviewing the application and have the legal authority to manage the case, we will contact you to provide you with an invoice for the application registration fee and payment instructions.
5. Starting the case procedures: Once we receive the fees, we will register the application and assign a case number, and both parties will then receive an official letter providing them with more information regarding the next steps.
6. The technical committee in the federation appoints a number of arbitrators, as well as the location and language of the arbitration.
7. The claimant submits the arbitration request by filling out the arbitration request form, sends a copy of it to the respondent, and pays the necessary registration fees.
8.The union communicates with the defendant and informs them of the arbitration request, asking them to respond to the request within the time frame specified in the arbitration rules.
9. After the defendant's response, the union sends the reply to the plaintiff and requests a response to it.
10. The union is coordinating a group administrative call among the parties to determine the necessary points in the arbitration procedures, regarding the location, language, rules, number of arbitrators, and means of communication.
11. After the parties agree on the mechanism for appointing the arbitrators, the union will communicate with them and inform them of their appointment, following the administrative procedures related to the appointment and requests for recusal and disclosure in accordance with the provisions of the arbitration rules.
12.Before referring the dispute to the arbitration panel, the parties pay the final fees to the center.
13.
The arbitration panel schedules a preliminary call with the parties to hear a summary of the dispute and to establish a timeline for the proceedings, including the dates for arbitration sessions and deadlines for submitting briefs and responses.
14.After the parties have submitted their requests and responses, the arbitration panel inquires whether the parties have any additional evidence to present, other witnesses to be heard, or further statements to make. If they do not have any of that or if the committee is convinced that the case file is complete, it announces the conclusion of the hearings.
15. The arbitration panel reviews and deliberates on what the parties presented during the hearings, and issues the arbitration award within a period not exceeding 60 days from the date of the conclusion of the hearings.
The role of the judges in the process.
Arbitrators enjoy complete independence from the disputing parties, ensuring their neutrality and impartiality towards either side. Thanks to their expertise and extensive knowledge on the subject of the dispute, whether legal or technical, they ensure the accuracy of decisions based on an objective assessment of the evidence and arguments. They also oversee the organization of the sessions smoothly and ensure effective communication between the parties. The arbitration decisions they issue are final and binding, and they rely on specific laws or agreements. In international arbitration cases, arbitrators possess a deep understanding of legal and cultural complexities, which contributes to reaching amicable solutions in accordance with international standards.
Scope of the regulation and the authority of the center:
• The rules of the center apply if the parties agree in writing to refer their current or future disputes to arbitration at the center in accordance with these rules. This is considered an agreement to subject the arbitration to the rules in effect at the time the arbitration proceedings commence, unless the parties agree otherwise.
• The parties agree to arbitration at the center according to any other procedural rules, in which case the center's rules will complement their agreements in this regard.
The arbitration panel usually consists of three arbitrators, unless the parties agree otherwise, and it is formed as follows:
Confidentiality in Arbitration Procedures:
•The parties undertake to maintain the confidentiality of all arbitration provisions, decisions, and documents submitted during the proceedings, unless otherwise agreed in writing or required by law to disclose them. This commitment includes the judges, experts, and the secretariat.
• The deliberations of the arbitration panel remain confidential, except in cases that require disclosure based on a decision from a judicial authority.
• The center commits to not publishing any ruling or decision that reveals the identity of the parties without obtaining their prior written consent.
•Documents and correspondence related to arbitration can be destroyed six months after the issuance of the ruling, unless one of the parties requests the return of their documents or they are related to an appeal or enforcement.
