3 ms·
I had a friend, a barrister and an architect, whose main business was arbitrating big international deals in the construction and mining industries. By writing
by denton-scratch 5y ago
I had a friend, a barrister and an architect, whose main business was arbitrating big international deals in the construction and mining industries. By writing arbitration into the contract you get an arbitrator who is a top-notch lawyer and knows the industry, whereas if you rely on the court system the parties are going to have to spend time (and money) educating the judge, possibly unsuccessfully.
This guy was actually part of a consortium of similar lawyers all over the world.
These disputes are completely normal. The amounts of money involved in these contracts is huge; and it's impossible to write into a contract every detail of what might go wrong. So when something goes wrong that isn't written into the letter of the contract, arbitrators pick up the slack. Contract arbitration is generally a paper exercise. The parties don't normally face-off in a courtroom.
There are even internationally-agreed standards of jurisprudence concerned with this kind of arbitration. The specific rules to be used willl be written into the contract.
https://uncitral.un.org/en/texts/arbitration/contractualtexts/arbitration https://uncitral.un.org/en/texts/arbitration/contractualtext...