International arbitration continues to grow in popularity as an
alternative form of dispute resolution. Parties routinely cite
cost-savings, efficiency, autonomy, and expertise as the advantages
of arbitration over civil proceedings in foreign jurisdictions. It
is not enough to settle on arbitration as the method of dispute
resolution, however. Parties must also determine the arbitral
"seat".
Generally, the "seat" refers to the city and the
"law of the seat" refers to the seat's legal
jurisdiction. The seat does not necessarily have to be in the same
jurisdiction as the governing law of the contract, nor does it have
to be the city where the hearing itself takes place. The seat may
also impact the manner in which the arbitration is conducted.
Accordingly, choosing the seat is an important decision when
entering into an arbitration agreement. A post setting out
important considerations when making this decision can be found
here: "
Top 3 Considerations for Selecting