The procedure for the same is provided for by law. [v] It provides that a person may be appointed as an arbitrator, regardless of nationality, unless the parties have agreed otherwise. The parties may themselves agree on a procedure for the appointment of the arbitrator. In the event that they do not reach an agreement, for example. B in arbitration proceedings with 3 arbitrators, each party appoints one arbitrator and the other two arbitrators, who are supposed to be the arbitrator, appoint the third arbitrator. The parties themselves, the designated authority or the arbitral institutions may appoint the arbitrator. In the case of disputes concerning international commercial transactions, it is essential that the arbitrator to be appointed does not have the same nationality as the parties to the dispute. This is done to protect the impartiality and preserve the neutrality of the arbitrator. Basic conciliation is not the only dispute resolution option available to you. Tools you can use during the arbitration process include hiring a mediator, early assessment of the situation by a neutral party, or even escalating the issue to your company`s executives.

In addition, electronic arbitration has gained momentum with the advancement of technology. Physical presence has taken a back seat and parties in different locations can settle their differences amicably through a video call. Unlike traditional litigation, it is much more comfortable and saves them time and costs the parties. Parties adopting the model arbitration clause recommended above may continue to enter into supplementary agreements on certain specific issues, such as the place of arbitration. B the nationality of the arbitrators, the requirements for the qualification of arbitrators, the rules on the replacement of arbitrators, the rules on default judgment and the language used in the arbitration. etc. In the absence of prior agreement on these matters, the disputes in question must be settled by the competent arbitral institution or arbitral tribunal, in accordance with the arbitral rules of the arbitral institution, as soon as the parties fail to reach agreement on these matters in the institutional arbitration procedure. If an unsigned arbitration agreement may be enforceable in court The parties may do so, but they must enter into an agreement after the existence of a dispute has been proven and before arbitration can begin.

This is called the submission agreement. The intention of the parties is of the utmost importance. No form has been imposed for an arbitration agreement and nowhere has it been mentioned that terms such as arbitration, arbitrators are essential conditions in an arbitration agreement. According to leading case law in this area, the intention of the parties to submit their dispute to arbitration should be clearly established in the arbitration agreement. Those who are aware of this tend to incorporate the traditional elements of the courts into arbitration. .