Impartiality of Decision Maker. Neither party may be able to find neutral tribunal in other country. Parties may choose arbitrators with technical backgrounds. Limited discovery in arbitration, so less burdensome. Usually less expensive than litigation.
Party is often unfamiliar with foreign legal system.
B. Kinds of Disputes Subject to Arbitration 1. Commercial disputes between private parties of different countries. Investor disputes with host government a. Because of uncertainty of adequate relief in foreign courts, agreement to arbitrate in a forum where enforcement of award is assured may be essential. Parties specify in agreement all aspects of arbitration, including applicable law, rules under which arbitration will be carried out, method for selecting arbitrator, language, place of arbitration and arbitrable issues.