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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Why is jurisdiction in arbitration considered to be all important,

Resolved Question:

Why is jurisdiction in arbitration considered to be all important, and how does it affect the award?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is this for an essay please?

Customer:

YES. IT IS FOR AN ESSAY AND I WOULD BE GRATEFUL IF YOU COULD GIVE ME AN ANSWER TODAY1

Alex Watts :

I am not going to write the essay for you, I can give you pointers - is that ok?

Customer:

That's ok.

Alex Watts :

Jurisdiction is important because clearly where the dispute is litigated is important.

Alex Watts :

This is because if for example its in the UK the award may be different to that of Germany.

Alex Watts :

Clearly it is easier to litigate as a UK national within the UK.

Alex Watts :

If you do this abroad it will be costly as you need a UK/foreign lawyer and they can be expensive.

Alex Watts :

Therefore if the jurisdiction is in the UK and the contract is governed by the UK then it makes a big difference to the cost of litigation.

Alex Watts :

As to arbitration then this is an agreement between the parties to be bound by a non court process

Alex Watts :

This means it goes before a Chair who will hear the case and make a decision

Alex Watts :

Once the parties agree arbitration and the decision is made, one party can't pursue it then in Court.

Alex Watts :

So it makes a difference in that arbitration is a non Court process

Alex Watts :

Can I clarify anything?

Customer:

No, thanks. And thanks for the assistance.

Customer:

No, tha

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