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3 Choice of the seat of arbitration contd.
Which seats have corporations
used most frequently over the
past five years, why were they
selected and how do their users
rate them?
We did not ask respondents to further define
the terms ‘neutral and impartial’, which was
mentioned by a number of respondents in
relation to London, Paris, New York and
Geneva. From the interviews, it appears that
this factor has two main components:
neutrality and impartiality in relation to the
parties (i.e. a third country for both/all of them
and not otherwise disposed towards them)
and a broader concept of the neutrality and
impartiality of the jurisdiction as a whole,
including its national courts. In relation to the
latter, a number of interviewees referred to
Geneva and its tradition of being politically
neutral which is reflected in respondents’
perceptions of it as a neutral seat.
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