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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?
It appears that parties will usually first
negatively delimit the seats that meet a basic
neutrality and impartiality threshold by
excluding those they consider do not meet
this basic requirement, which would normally
include the home jurisdictions of the two
parties. They will then positively select from
amongst the acceptable seats depending on
which is considered to be most
‘arbitration-friendly’.
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