Are there any special considerations for international arbitration?
Yes, there are certain considerations for international arbitration when it comes to Delaware law. First and foremost, Delaware recognizes certain agreements that allow parties to resolve international disputes through arbitration, including international agreements such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention. This agreement allows for easier recognition and enforcement of foreign arbitral awards in signatory countries, which are mostly members of the United Nations. In addition to the New York Convention, Delaware also follows the Federal Arbitration Act (FAA). This act, which applies to all states and territories, governs arbitration regardless of the parties’ geographic location. It outlines the procedure to be followed in arbitration and allows for courts to review any disputed award based on certain criteria. Because Delaware law recognizes agreements that allow for international arbitration, it imposes a duty on both the parties involved and any supervising court to treat such agreements fairly. This means that the arbitration process must be conducted in a manner that will ensure the protection of the parties’ rights within the international context. Finally, Delaware courts generally recognize that international arbitration is a complex process and that there are cultural and linguistic differences that must be considered. As a result, Delaware courts have been known to allow for more liberal discovery rules and to provide interpreters in order to ensure that the proceedings are conducted fairly.
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