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3 Choice of the seat of arbitration contd.

What aspects of the formal
legal infrastructure of a seat are
most important?

Neutrality and impartiality (34%) and
‘arbitration-friendliness’ of a seat (i.e. the
record of the courts in enforcing agreements
to arbitrate and arbitral awards) (25%) are the
aspects of ‘formal’ legal infrastructure that
most influence the choice of seat. Also
important is whether the country concerned is
a signatory to the New York Convention 1958
(20%), a factor that might be expected to be a
higher priority for corporations, but given the
wide acceptance of the New York Convention
internationally it appears to be expected in
most countries. Whether the national
arbitration law is based on the UNCITRAL
Model Law, the ability to join third parties and
the availability of appeals against awards are
relatively unimportant compared to
these factors.




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