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International businesses are continuing to arbitrate the vast majority of their international disputes in this intensifying global marketplace. There are, perhaps, twenty or so competing sets of rules that can be applied to arbitrations on the international level. "A best practice approach to the rules of arbitration on the global level is essential to ensure efficiency and continued growth of this important dispute resolution process", says Robert B. Davidson, a full-time arbitrator and mediator at JAMS, The Resolution Experts, and Executive Director of JAMS Arbitration Practice. The Vienna Vis Moot Court Competition in Vienna this month used the JAMS International Arbitration Rules for the hypothetical problem argued by over 200 law school teams from all over the world. "The JAMS Rules have several unique features intended to streamline the arbitration process and to meet certain problematic situations encountered with greater frequency in modern arbitration practice," he says. "For example, the suggested JAMS arbitration clause, used in both the international and domestic arbitration rules, adds a key phrase to make it "unmistakably clear" that the parties intended to arbitrate questions of arbitrability in accordance with the U.S. Supreme Court rule established in the case of First Options of Chicago v. Kaplan. They also provide that the arbitrators are to decide whether a contract has been formed at all. These provisions discourage court interference either at an early stage of the proceedings or after an arbitration has been commenced," says Davidson. "The doctrine of First Options has sometimes proven to be a trap for the unwary in cases involving U.S. parties, or in proceedings that require recognition and enforcement of awards in the United States." Davidson is available to write on the importance of various international arbitration rules provisions and on the process generally. [03/27/2008]
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