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Advantages of Arbitration tribunal Home Site Map Contacts

It is possible to carry such possibilities of the parties to advantages of an arbitration court legal investigation:
-  To choose the arbitration court independently. The parties for the purpose of the reference to the arbitration court have the right to select any concrete arbitration court, having specified about it in the agreement;
-  Independently select arbitration court structure. In each arbitration court, there is so-called list of arbitrators. The parties by a mutual consent select to themselves arbitrators (one or three, one for each party and the third to destination heads of the arbitration court). Possibility to select arbitrators causes the maximum objectivity and impartiality in the legal investigation. The list of arbitrators is made in such manner that professional specialization of the arbitrators is underlined. And it also is advantage. 
- To select a place of adjudication. The party as usual can declare to the arbitration court necessity of the legal investigation for a certain place;
-  Possibility of the fast dispute settlement at the expense of the simplified procedure. The expense of time for an exchange of letters if the parties are in the different countries can be uniform inconvenience for the parties during consideration of dispute by the arbitration court. However, any court has such disadvantage, because parties live in different places;
-  Possibility of the termination of arbitration consideration by the lawsuit agreement of the parties. The arbitration court does not object acceptance by the parties of the lawsuit agreement  and such lawsuit agreement will be valid the decision accepted by the arbitration court, with all advantages, which such decision can have before another;
-  Confidentiality of considered dispute. Extraneous persons can be not supposed to proceeding under the statement of the parties. Judges of the arbitration court should adhere to requirements of confidentiality concerning the information, which constant known for it from considered cases;
-  The guaranteed prevailing right of arbitration consideration. In the presence of the valid arbitration agreement between the parties, the court (not arbitration) cannot consider such dispute;
-  Free choice of the applicable right (the international customs) and establishment of legal investigation procedure if it does not contradict the law;
-  Friendly conditions of dispute consideration - arbitrators are not obliged to carry the judicial form, there are no other attributes of the state court in boardroom, etc.;
-  Official obligatory level of the made decision. The decision of the arbitration court, accepted according to its competence of civil or economic affairs, is subject to obligatory voluntary performance by the party, and in cases of refusal of voluntary performance - compulsory performance is provided with the authorized state bodies, i.e. the parties are not threatened with long judicial lawsuits in several judicial instances. The decision of the arbitration court after its acceptance goes to the state court where it is checked on presence of formal requisites (which list is provided by the law) and then goes to executive service for performance.
- Immediate performance of the decision of the arbitration court. The law of Ukraine "About arbitration courts" provides, that the arbitration court decision is subject to immediate performance if another is not specified in the decision. In the foreign trade arbitration of the decision is subject to immediate performance if it is specified in the decision.
It is only a number of advantages; their list can be continued infinitely long.
Certainly, there are no advantages without omissions.
Arbitration courts’ disadvantages are:
- The enterprise is limited in financial resources. The basic inconvenience is connected with essential expenses of legal investigation in the arbitration court: cost of services of the authoritative arbitration court can be represented by 1% or 5% of the sum of operation "plus" administrative expenses.
- There is no confidence, that the respondent will voluntary execute the court decision. Besides, through insufficient settlement of institute of the arbitration courts in Ukraine the state executors with watchfulness concern decisions of such courts.
So, as a conclusion it is possible to say, that addressing with the claim in court with general jurisdiction, you consciously go on a dispute aggravation. Irrespective of who will carry case, relations between the claimant and respondent already will not get along well. And claimant will be provided with a label of litigious person. Another story - the arbitration court. It "third party court", chosen by the most lawful participants of dispute to which they voluntary trust the right to take out the decision concerning their business and obviously undertake to execute it.
Arbitration consideration of dispute urged to provide:
- Protection of the rights of legal and physical bodies, which are protected by the law, in realization by them of civil-law relations;
- Quickness and profitability of dispute decision procedure;
- Preservation and further strengthening of business and partner relations of the parties, which have dispute, despite a divergence, which is between them.
Certainly, legal arbitration proceedings are not cure in the decision of all problems, which arise in Ukraine and whale world, but granting to the parties of the possibility to solve dispute peacefully answer signs of democratic society.



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