Analysis of the Basic Considerations in the Choice of Seat of Arbitration in International Commercial Arbitration

Abstract

In the conduct of international commercial arbitration, one major decision parties have to make is the selection of the seat of arbitration since every international arbitration is attached to a legal place. Selecting the seat of arbitration is one of the fundamental foundations of an effective international commercial arbitration agreement and there are factors parties should consider when making the decision as to seat since such choice would ultimately have an impact on the entire process. This article
therefore examines the factors the parties should consider when making a choice of the seat of arbitration in international commercial arbitration. It adopts a doctrinal research approach with emphasis on the review of legislation, case law, rules, conventions, literature, internet sources, reports, considered essential to the subject of the article. It found that the choice of the seat comes with certain consequences such as the extent of judicial assistance available from the national court of the seat of
arbitration and available measures for the enforcement of arbitration agreement among others. The article therefore recommends that parties take into consideration when selecting seats in international arbitration, some or all of the legal and tactical factors set out in this article