Contrasting the English and French Court Decisions in Dallah v Pakistan - Essay Example

This essay will analyze the English and French court decisions about this case and later conclude by offering a comparison and contrast of the decisions.

The concept of Arbitration is a process by which parties who are bound by a contract can choose to settle disputes without engaging in any time-consuming litigation process. In most cases, the parties agree in their respective contracts about the arbitration methods that will be employed in case of any disputes that could happen in the future. In some other cases, such arbitration can also remain a statuary requirement. The process of Arbitration is governed through various statutes in different countries and has acquired international recognition via conventions such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention).

1 For many reasons Arbitration is the most sought-after option than litigation as the process is quicker and also involves lesser expenses and a higher degree of transparency compared to litigations. Also in cases where a lower judicial standard could compromise the outcome of a case, arbitration is the preferred choice for resolving disputes. In addition, in cases of multinational companies which usually include parties to settle international disputes in contracts and where a higher degree of confidentiality is at stake; the process of arbitration would be more suitable to settle such discrete cases compared to the court litigations.

In some other cases, arbitration can be preferred by parties to ensure control of the proceedings throughout the case which could be vital for making crucial decisions. In the arbitration process parties usually have their choice of representation who would be involved in presenting their arguments in the case. Individuals with the necessary skills and legal expertise are mostly chosen to contend on their behalf. In addition, the parties also have considerable say in the appointment of the chairperson for the arbitration process.