The main reasons why the parties do not put attention to such clause, amongst the others, are that:
(i) such clause is usually one of the last clauses in a contract and often, after having negotiated all the commercial terms, the parties are somewhat tired and
(ii) none of the parties, when signing a contract, actually believe that a dispute might arise.
In many cases, it is difficult for the parties to select between an ad hoc or an administered arbitration and often they might have some difficulties in considering which arbitration institutions best suit for their contract.
One of the most respected institutions is the London Court of International Arbitration (LCIA) that, although its name would suggest a territoriality limit, administers international arbitration disputes.
The selection of the 2014 LCIA Rules for international disputes can be advantageous for many reasons including the reduced costs if compared with other arbitration institutions. The administration of the cases is generally quicker and rather efficient.
LCIA adopted recently new Arbitration Rules which provide significant changes mainly in respect of (1) the law governing the arbitration agreement, (2) the proceedings itself (3) the conduct required to legal representatives and (4) the appointment of emergency arbitrators (as part of the emergency procedures available under the LCIA Rules).
Also, the 2014 LCIA Rules have improved certain features that strengthen the professionalism of arbitration proceedings administered by LCIA.
Questo articolo è stato scritto a mero scopo informativo e non può essere inteso in nessun modo quale parere legale.