International Commercial Arbitration is the special system of litigation approved and undertaken by the United Nation, the United States, as well as Egypt. The United Nations issued these International Commercial Arbitration codes to settle disputes between individuals, groups, entities and companies, whether contractual or non-contractual. There are many countries that have issued legislation on international arbitration inspired by the provisions of the United Nations law on international arbitration, such as the Arab Republic of Egypt, the United Kingdom, and the United States. The United States Supreme Court has defined international arbitration as follows:
(Offering disputes to appointed arbitrators based on certain conditions or assigning other entities to assign arbitrators to issue binding arbitration awards to all parties involved after having been given equal opportunities to voice their points of view. 11-5-2003 )
( Under article 10 of the Egyptian Arbitration Act No. 27 of 1994 on arbitration in civil and commercial matters that the arbitration agreement is the agreement of the parties to have a recourse to arbitration to settle all or certain disputes which have arisen or may arise between them due to certain contractual or non-contractual relationships.)
This could come as one of the conditions of the arbitration clause contained in the contract signed between the parties involved, or may be under a separate agreement after the dispute has been initiated. The parties involved in the conflict have the right to choose their own judges rather than relying on the existing judicial system. Also through the agreements in its inception and in determining the mandate of the arbitrators and delineation of disputes within the framework of this mandate to adjudicate on the effects of disputes between the parties rather than the arbitrators chapter in others which may arise between the parties. The disputes, even if only from relevant legal association with the agreement of the parties involved, and not covered by the original agreement, where the arbitration agreement is the basis of the jurisdiction of the arbitrators, are to be settled between the two ends.
Arbitration is of utmost importance to strengthen and attract foreign investment and capital. Thus accelerating the local development operations within the various states as well as to giving freedom of choice to individuals and corporate bodies in settling their disputes.
The advantages of the arbitral tribunal is that it has become the most important means of settlement of disputes between States and between individuals, regardless of their nationalities, especially in the area of international trade in order to attain the best outcome for the parties involved.
These advantages include first and foremost, international confidence. The major concern of all multinational companies, investors, and capital owners of intercontinental ballistic missiles is the legal security of their invested money. Foreign investors are not knowledgeable of the existing arbitration laws in the host country. This lack of awareness of the legal system of litigation can cause disputes between parties. Resolving these conflicts requires the expertise of professionals in the international commercial arbitration laws. The parties involved choose the most appropriate procedural and substantive law for each dispute, and gives them the opportunity to choose judges and lawyers experienced in international Arbitration to defend them in front of the arbitration bodies. Arbitration Pioneers handles such situations professionally, whether in Arabic or English.
Means that the arbitrator will not be controlled by the normal court procedures and the mandated scheduled timing for legal declarations thus avoiding lengthy procedures of regular courts. Arbitration panels are well-resourced to adjudicate upon the dispute at hand in contrast to the competent courts with cases, not to mention the litigation before the regular courts.
These panels are opposite to the normal competent courts which run normal litigations on two degrees to challenging the judgment by the losing parties then resorting to the cessation court; thus causing lengthy procedures that can take years to reach final judgments.
Arbitration is less costly for involved parties compared with the local courts that are lengthy and cover costs for lawyers and legal court experts. Therefore, most business people resort to arbitration.
Maintaining good relationships among parties:
The parties to the arbitration will willingly accept in good faith the arbitration awards that will be rendered by the arbitration panels thus keeping good relationships among them. In addition, one of the advantages of arbitration is keeping the confidentiality of parties in contrast to the regular court hearings.
This confidentiality maintains the commercial and industrial secrets leading to maintaining civil relationships among parties after rendering the arbitration awards.
Arbitration promotes international trade:
Arbitration is a tool that promotes trade on the national and international level, especially the confidence and trust in the field of international transactions. This encourages trade between states and assures foreign investors fearing a recourse to the national judiciary and the application of the existingder national law; and to the length of the proceedings and the belief in the bias of the national judge to the parties involved.
Arbitration is a private justice:
Arbitrators are different than the state competent judges whose job is to render judgements in the different cases by issuing binding awards that will not allow parties to go back to the regular courts or arbitration for the same disputes. At the same time, we can notice that arbitration is not far from the normal litigation system where arbitrators can always seek the help of the competent courts in many procedures. In addition, the competent courts support and oversee the performance of the arbitrators during their work in the different arbitration cases.
Arbitration is based on an agreement between parties:
Arbitration is a means of legal procedures to settle disputes between parties and is different from the state judgement public system. This system is imposed by the authority of the domentestic states. Arbitration, on the other hand, finds its grounds based on the agreements among parties. Upon acceptance of the assigned arbitration case, the arbitrator becomes the sole judge of the dispute practicing his work independent of the parties of the dispute.
The main advantage of arbitration is that arbitrators can render binding awards that can be both domestically and internationally especially among countries who are members of the New York Convention of 1958 for the recognition and enforcement of the International Arbitration Awards.