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3 Choice of the seat of arbitration

What drives decisions about
the seat of arbitration?

The most important factor is the ‘formal legal
infrastructure’ at the seat (62%), which
includes the national arbitration law and also
the track record in enforcing agreements to
arbitrate and arbitral awards in that jurisdiction
and its neutrality and impartiality. This was
followed by the law governing the substance
of the dispute (46%), reflecting the findings
on the nexus between law and seat in
Section 1. Convenience is also an important
factor (45%) including location, industry
specific usage, prior use by the organisation,
established contacts with lawyers in the
jurisdiction, language and culture and the
efficiency of court proceedings. Also
consistent with the results in Section 1
regarding the order of choices about law, seat
and institution and the influences between
them, the choice of institution is of low
importance in influencing the choice of seat.


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