Are there any special considerations for international arbitration?
Yes, there are special considerations for international arbitration in Texas. First, for international arbitration, the parties must agree that the arbitration will be conducted under the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. This model law sets out the legal standards and procedures for international arbitration in Texas. Second, in Texas, an international agreement to arbitrate must be in writing. This means that parties intending to arbitrate must have a written agreement that sets out the dispute resolution process and the legal basis under which the parties agree to arbitrate. Third, if the parties have chosen a chosen a specific arbitral institution such as the International Chamber of Commerce or the International Centre for Dispute Resolution, the parties must ensure that they follow the rules of the institution when conducting their arbitration. Finally, it is important for parties that choose to arbitrate in Texas to select arbitrators who are knowledgeable in international arbitration law. In addition to being familiar with the applicable laws, the arbitrators should also be knowledgeable about the interests of each of the parties and the issues in dispute. In summary, there are several special considerations for international arbitration in Texas. Parties must agree to a specific model law for international arbitration and must have a written agreement in place. If an arbitral institution is chosen, the parties must abide by the institution’s rules. Finally, parties should also select qualified arbitrators who are familiar with international arbitration law and the issues at stake in the dispute.
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