International Arbitration Thought Leadership
Karim A. Youssef, CEO of Youssef & Partners (Youssef + Partners), has written a highly acclaimed publication entitled “Consent in Context: Fulfilling the Promise of International Arbitration, Multi-contract and Non-contract arbitration”, West, 2009 – 2012.
The Dichotomy of Consent in Arbitration
In this publication, Youssef examines the widely accepted statement that international arbitration is or ought to be “consensual by nature” in order to critically examine the dichotomy between the requirement of an agreement to arbitrate and the reality of multi-party and non-contractual arbitration.
Marginalization of Consent in Modern Arbitration
With precise and rigorous analysis, Youssef demonstrates how consent is increasingly marginalized within modern arbitration, threatening to extinguish the promise of international arbitration as a cost- and time-efficient mode of dispute resolution.
Consent in Context: Fulfilling the Promise of International Arbitration, Multi-contract and Non-contract arbitration, West, 2009-2012 (Preface by Jan Paulsson)
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FAQ ABOUT International Arbitration
How is arbitration used to solve?
Arbitration is a form of alternative dispute resolution used to resolve conflicts outside of the traditional court system. It allows disputing parties to present their case to an impartial third-party arbitrator who then makes a binding decision to settle the dispute.
What does arbitration based mean?
Arbitration-based means that the dispute resolution process is based on the consent and agreement of the involved parties to submit their dispute to arbitration, rather than going through the traditional court system.
What is the use of technology in international arbitration?
Technology is increasingly being utilized in international arbitration to improve efficiency, reduce costs, and enhance the overall process. This includes the use of video conferencing, electronic document sharing, online dispute resolution platforms, and AI-powered tools for case management and analysis.
What are the principles of international arbitration?
Key principles of international arbitration include party autonomy, neutrality, confidentiality, flexibility, expertise, and enforceability of awards. These principles help make arbitration an attractive alternative to court-based litigation for resolving cross-border commercial disputes.
