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International Commercial Arbitration and the Developing Countries

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International commercial arbitration is an alternative dispute resolution mechanism of solving disputes arises out of international trade and commerce. It has been vastly developed as one of the most efficient and preferable method of commercial dispute resolution internationally and resulting in the involvement of parties from around the globe that come from different legal systems.
Now a day’s developing countries institutions are increasingly entering the IP market, and multiparty, multinational IP relationships are becoming more common, and even essential to socio-economic development. Through transactions involving these relationships scientific, technical, entrepreneurial, creative, and traditional knowledge is exchanged. This leads to increase a large number and type of international disputes. For resolving these disputes the arbitration mechanism is adopted as it resolve disputes (commercial or political) quickly through practical solutions rather than relying on the inflexible and lengthy processes of national litigation that the existing systems had to offer. In modern times, with the rapid growth and expansion of international business transactions Commercial arbitration is an efficacious alternative dispute resolution technique in business community. Though, it is a private, cost-effective and prompt method of resolving cross-border disputes, which makes the parties to opt for this mechanism over domestic litigation. But at the same time it is not a “neutral” venue or system, requires the foreign party to follow the other national’s court procedures and systems, may involve different languages, cultures and business practices, is usually slow (and therefore costly), and that foreign court judgments are often difficult (if not impossible) to enforce outside the country in question. This brief paper attempts to set forth some of the issues that will require special attention in the years to come if arbitration as a means of dispute resolution is to continue to grow.

ABBREVIATIONS

 INTELLECTUAL PROPERTY-IP
 ALTERNATIVE DISPUTE RESOLUTION-ADR
 INTERNATIONAL CHAMBER OF COMMERCE-ICC
 LONDON COURT OF INTERNATIONAL ARBITRATION-LCIA
 INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION-ICDR
 WORLD INTELLECTUAL PROPERTY ORGANIZATION-WIPO
 AMERICAN ARBITRATION ASSOCIATION-AAA
 UNITED NATION COMMISSION ON INTERNATIONAL TRADE LAW-UNCITRAL
 COMMERCIAL ARBITRATION AND MEDIATION CENTR FOR AMERICA-CAMCA
 INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESMENT DISPUTE-ICSI
 NORTH AMERICAN FREE TRADE AGREEMENT-NAFTA

INTERNATIONAL COMMERCIAL ARBITRATION AND THE DEVELOPING COUNTRIES

INTRODUCTION:-
International commercial arbitration is an alternative dispute resolution mechanism of solving disputes arises out of international trade and commerce. It has been vastly developed as one of the most efficient and preferable method of commercial dispute resolution internationally and resulting in the involvement of parties from around the globe that come from different legal systems. Generally, arbitration can be defined as a voluntary process of dispute resolution where a neutral third party gives a final and binding decision after giving opportunity to each side to present their views. This method is particularly useful in international business transactions where parties are often unfamiliar with foreign legal systems.
Now a day’s as developing countries institutions are increasingly entering the IP market, and multiparty, multinational IP relationships are becoming more common, and even essential to socio-economic development .Through transactions involving these relationships scientific, technical, entrepreneurial, creative, and traditional knowledge is exchanged. This leads to increase a large no. and type of international disputes. For resolving these disputes the arbitration mechanism is adopted as it resolve disputes (commercial or political) quickly through practical solutions rather than relying on the inflexible and lengthy processes of national litigation that the existing systems had to offer.
With the rapid growth and expansion of international business transactions resulting from globalization, it is increasingly important for businesses to have an established method of resolving business disputes quickly, efficiently and constructively. So that if the dispute arise during business transaction the parties can resolve that dispute privately and informally and which will also help them to maintain their business relationship .
The process of arbitration is different from that of the usual judicial process of the courts. It provides greater flexibility to parties as compared to court proceedings; in arbitration process it is the parties who decide where the proceedings are to be conducted, the time period to respond to a claim, how formal the process will be, who will be the arbitrators and whether to involve the lawyers in the arbitration. The arbitration process is conducted outside the court system by unbiased arbitrators who are selected by the parties to the arbitration. The arbitration proceedings are based on criteria that fit best to the nature of contract and its proceedings are usually carried out by either one or a panel of three arbitrators. It is the parties only who decides about the structure, format, site and scope of arbitration and mentioned the same in arbitration clause of their contract . The arbitration clause usually mentioned by the parties at the time when they formed the contract which help the parties to establish a framework for expeditious resolution of contract disputes arises at any time after entering into the contract.

MEANING OF ARBITRATION
Alternative dispute resolution (ADR) is a procedure for settling a dispute by means other than litigation, such as arbitration, mediation, or mini-trial. It is a special established mechanism for the final and the binding determination of dispute concerning a contract between two or more parties that has an international element between them. The disputes concerning to the contract are determined by independent arbitrators in accordance with the standards and the procedure chosen by the parties involved in the dispute. Though, there are no official definitions to define the term arbitration at the international as well as at the national level. However, in the legal sense, arbitration can be defined as one of the technique which is use for dispute resolution where cases are settled outside the court. As, compared to a regular court case where a judge or jury decides the case, the arbitral tribunal reviews the dispute and issues the decision. For determining whether a controversy is arbitral there is a two-step process: first, parties should specify in an arbitration agreement or in an arbitration clause of a contract whether disputes will be subject to arbitration; second, the parties should consider that the law of the country in which the arbitration takes place may prohibit arbitration for certain types of disputes . Arbitration for commercial matters, however, is normally encouraged . The unique feature of the arbitration process is that it is a private dispute resolution mechanism, which nevertheless provides arbitrators with judicial power, which provides that :-
• Arbitration is a private dispute resolution method, in which the arbitrators’ mandate to resolve a dispute derives from a contract (i.e., an arbitration agreement or arbitration clause).
• Arbitrators have the power to deliver an award that finally resolves the dispute that is binding on the parties.
CHARACTERISTICS OF ARBITRATION
The principal characteristics of the process of arbitration are as follow :

 Mechanism For The Settlement Of Disputes :-
If there is no dispute, there can be no arbitration. When the dispute arises between the parties, the parties choose this method for resolving/handling their disputes as it generally provides agreed solution to the disputes.
 Consensual :-
Arbitration must be founded on the agreement of the parties. It does not only mean that they must have consented to arbitrate the dispute that has arisen between them, it also means that the authority of the arbitral tribunal is limited to that which the parties have agreed. But in most of the cases arbitration is only semi-consensual which provides that either the claimant in the dispute which may wish to turn to the courts or the claimant may commence the arbitration in accord with the arbitration agreement, but the respondent may refuse to participate. Nevertheless, “the arbitral tribunal may continue the proceedings and make the award on the evidence before it.”
 Private Procedure:-
It is not a part of the state system of courts while it is a consensual procedure based on the agreement of the parties. In arbitration parties settle their dispute by negotiation or other private and confidential means; it becomes an article of faith that the private nature of arbitration also led to confidentiality .
 Arbitration leads to a final and binding determination of the rights and obligations of the parties:-
Arbitration leads to a final and binding determination of the rights and obligations of the parties. Many arbitration rules, such as ICC Arbitration Rule 28(6), specifically provide that “Every Award shall be binding on the parties. By submitting the dispute to arbitration under these Rules, the parties undertake to carry out any Award without delay ….” Therefore it can be said that arbitration is a procedure that does not lead to a final and binding determination of the rights and obligations of the parties is not arbitration .
The above characteristics of arbitration distinguish it from the other form of ADR such as meditation. Arbitration is a determination of legal rights whereas mediation is a form of facilitated negotiation that looks beyond rights and allows the parties to focus on their under¬lying interests. Here, as in arbitration, a third party (mediator) is involved in the resolution of the dispute between the two commercial parties. However, the mediator has no power to impose a decision on the parties. Mediators work with the parties to resolve their dispute by an agreement; they cannot issue a binding decision. Thus, the outcome of a successful mediation is a settlement rather than an enforceable award and due to this reason arbitration is preferred over mediation.

NEEDS & DIFFERENT METHODS OF COMMERCIAL ARBITRATION
• NEEDS OF COMMERCIAL ARBITRATION
International commercial arbitration or international arbitration is a favourite method of resolving disputes or cases related to international commercial contracts that are generally, entered into by and between large international corporations or institutions or the government of different countries around the world. The resolution of these contractual disputes is the responsibility of the International Chamber of Commerce or the ICC, the American Arbitration Association (its international branch), the International Centre for Dispute Resolution or the ICDR, the Hong Kong International Arbitration Centre, the London Court of International Arbitration or the LCIA, the World Intellectual Property Organization or the WIPO and the Singapore International Arbitration Centre or the SIAC, as the case may be .
International commercial arbitration is considered a dispute resolution hybrid due to the versatility in its arbitral proceedings. The arbitration procedures can use a combination of both common law and civil law whereby the ability to resolve a case becomes more attainable and successful. It enables the parties to a contract, to agree that if a dispute arises, a neutral and respected third party or parties will be appointed to resolve their dispute in accordance with procedures that they will have a large part in devising, in a desired venue, in accordance with a set of arbitration rules they have chosen, with a particular set of laws to give the arbitration its legal basis (the lex arbitri) and another set of laws in accordance with which the dispute will be resolved (lex causa). Without either of these sets of law, the arbitration will not be effective or enforceable . Generally, international arbitration offer various advantages over litigation, includes:-
 Privacy and confidentiality:
Arbitration proceedings are not like domestic litigation proceedings, these proceedings are private and, unless the parties agree otherwise, they remain confidential while litigation proceedings take place in public. So.the evidence and the documents exchanged in the arbitration, and the final award cannot be disclosed to third parties. The duty of confidentiality is binding on the arbitrators, the parties, and their counsel, and it is considered to be an important commercial advantage of arbitration .
 Procedural flexibility:
Arbitration agreement of the parties determines the arbitration proceedings. The party autonomy principle provides parties with considerable liberty to set up their own dispute resolution process in accordance with the needs and the particulars of their dispute. Therefore, procedural flexibility and party autonomy make arbitration the most suitable dispute resolution mechanism for international commercial transactions.
 Neutrality:
Neutrality is of utmost importance in the context of international arbitration, where each party wants to avoid a national court of its co-contractor. It is the most attractive feature of international arbitration. Proceedings generally take place in a country with which neither party has links; the dispute is determined in accordance with transnational rules or according to the national law of a neutral country; and arbitrators are appointed from different countries and with different nationalities .
 The parties appoint the arbitral tribunal:
In arbitration proceedings the parties have the opportunity to appoint those who will decide on the dispute (i.e., the arbitrators). Usually, arbitral tribunals consist of either one arbitrator, who is chosen by either parties, or three arbitrators, where each party appoints one arbitrator and a chairman is then chosen by the two party-appointed arbitrators. The fact that the parties may participate in the constitution of the tribunal enhances their confidence in the arbitration process, as they can appoint arbitrators who are familiar with their legal or cultural background. It also gives the parties the opportunity to select arbitrators who have expert knowledge required by the particular characteristics of the dispute .
 Enforceability of arbitral awards:
International arbitration awards are more easily enforceable than national judgments. This is due to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which has now been signed and ratified by 143 countries. The New York Convention has thus established an internationally harmonized regime for the enforcement of arbitral awards, where recognition and enforcement are only exceptionally disallowed on limited grounds. By contrast, there is no international convention that enables the enforcement of national judgments.
As above mentioned advantages the arbitration is preferred by many countries as a way to resolve their commercial disputes. The most significant reasons for the reference of this procedure for settling the dispute by many parties, as it avoids local practice of litigation in different jurisdiction.

• DIFFERENT TYPES OF INTERNATIONAL COMMMERCIAL ARBITTRATION
There are two fundamental ways in which the arbitration conducted namely ad-hoc or through an established arbitration institution, with advantages and disadvantages to each. Parties are free to choose between these two types in their arbitration agreement . If the parties fail to specify in their agreement which type of arbitration they prefer, the arbitration will be presumed to be ad-hoc.
 AD-HOC ARBITRATION:-
Ad-hoc arbitration is an arbitration that is specifically designed by the parties for a particular dispute. In this process parties without using an arbitration institution such as ICC (International court of chambers) select the arbitration format and structure. Parties may opt for the ad-hoc arbitration to reduce costs, to accelerate the process and/or to structure proceedings to suit their particular needs. While opting for ad-hoc arbitration, parties must specify all aspects of the arbitration, including applicable law, rules under which the arbitration will be carried out, the number of arbitrators, the method for selecting the arbitrator(s), the language in which the arbitration will be conducted and the place of arbitration in the arbitration clause which is included in the contract at the time of formation of the contract . Parties in ad-hoc arbitration either develop their own rules or select established arbitration rules (although sometimes the United Nations Commission on International Trade Law (UNCITRAL) arbitration rules are used) to govern the arbitration or they may use arbitration institution rules without submitting the dispute to that institution .
 Advantages of Ad-hoc Arbitration :-
• More flexible than institutional,
• The parties are completely free to adapt the proceedings to the particulars of the case.
• It can also be less expensive than institutional arbitration, as the parties avoid the fees of the institution and they can negotiate the fees of the arbitrators.
 Disadvantages of Ad-hoc Arbitration:-
• At the time when the contract is concluded parties may expect any dispute they might have to be settled in a friendly manner but at the time the dispute ripens they may be less inclined to cooperate.
• Since any particular procedural rule may favour one or the other party in the dispute that now exists, they are unlikely to be able to settle upon the rules of procedure for their arbitration.
• In the absence of the rules of an arbitration institution as well as the impetus that a permanent structure can give, they may well find it difficult even to commence the arbitration .

 INSTITUTIONAL ARBITRATION
In this arbitration process is conducted under the auspices of a particular arbitration institution and in accordance with the rules of that institution. Institutional arbitration is more popular among international parties, because the parties feel more comfortable with experienced institutional administrators (known as “case managers”) who are willing to take care of any issue that might arise during the proceedings. Parties are also attracted by the reputation and the strong brand name of many established arbitration institutions, which, as many parties believe, increases the enforceability of an arbitration award. Various arbitration institutes such as the International Chambers of Commerce (ICC), the London Court of International Arbitration (LCIA), the American Arbitration Association (AAA), and the Stockholm Chamber of Commerce have been established which are having their own formal procedures and rules to arbitral process so assist the parties in resolving their dispute . The institution chosen by the parties for resolving the dispute, may govern the administration proceedings as per its own rules or any other rules if requested by the parties.  Advantages of Institutional Arbitration :-
• Availability of pre-established rules and procedures;
• Administrative assistance from institutions with a secretariat or a court of arbitration;
• Lists of experienced arbitrators, often listed by fields of expertise;
• Appointment of arbitrators by the institution if the parties request it;
• Physical facilities and support services for arbitrations;
• Assistance in encouraging reluctant parties to proceed with arbitration; and,
• An established format that has proven workable in prior disputes.
 Disadvantages Of Institutional Arbitration :-
• Institutions charge administrative fees for services and use of facilities. Expenses may be high in disputes over large amounts, especially where fees are related to the amount in dispute. For small amounts in dispute, institutional fees may be greater than amount in controversy;
• The institution's bureaucracy may lead to delays and added costs; and,
• Parties may be required to submit responses in abbreviated time periods.

Thus, these are the two ways through which proceedings of international commercial arbitration are conducted. Parties are free to choose between these two types in their arbitration agreement.

INTERNATIONAL ARBITRATION INSTITUITIONS
With the growth of the international business, international commercial arbitration has also grown and expanded and as a result of which arbitral institutions have also been grown and changed. Arbitration institutes persistently update their rules and regulations so to present an international arbitration-friendly format, and to improve their ability to deal with certain issues.
Institutions are usually varied in cost and quality of administration. Many companies usually prefer to work with the older, better established institutions, even if the cost of the institutions may be somewhat higher. Some of the examples of prominent international arbitration institutions available are listed below:-
 American Arbitration Association (AAA):-
The AAA performs arbitration services for international disputes under any of its specialized subject matter rules, the UNCITRAL rules or any other rules chosen by the parties. The AAA will administer arbitrations anywhere in the world. In addition, the AAA has cooperative agreements with a number of foreign arbitration institutions .
 International Chamber of Commerce (ICC) Court of Arbitration:-
ICC Arbitration is a flexible and efficient procedure for resolving domestic and international disputes. The ICC provides administrative services to facilitate the settlement of international commercial disputes. The ICC Court is based in Paris and has affiliates in 59 countries, including the United States. It will administer arbitrations under its own rules at any location selected by the parties. However, parties must file pleadings and all other paperwork at the Paris location, which serves as a clearinghouse for all documents, sets costs and fees, decides challenges to the appointment of arbitrators and approves draft arbitral awards. The ICC will review the final award to ensure that it meets the basic requirements for enforcement & the awards are binding, final and susceptible of enforcement anywhere in the world .
 The Inter-American Commercial Arbitration Commission:-
The Inter-American Commercial Arbitration Commission has established, maintains, and administers throughout the western hemisphere a system for settlement, by arbitration or conciliation, of international commercial disputes. The system includes national sections or representatives in almost all countries in the western hemisphere. Where no such national section or representative exists, the commission performs all activities that would otherwise be performed by a National Section. Arbitrations are conducted by arbitrators, who are specially selected by the parties or by the Commission in accordance with the IACAC Rules of Procedure (which are nearly identical to the UNCITRAL rules) utilizing existing panels of highly qualified individuals who render awards on the merits of dispute.
 The London Court of International Arbitration (LCIA):-
The LCIA is one of the world’s leading international institutions for commercial dispute resolution. The LCIA provides efficient, flexible and impartial administration of arbitration and other ADR proceedings, regardless of location, and under any system of law. The international nature of the LCIA’s services is reflected in the fact that, typically, over 80% of parties in pending LCIA cases are not of English nationality. The LCIA has access to the most eminent and experienced arbitrators, mediators and experts from many jurisdictions, and with the widest range of expertise . The LCIA's dispute resolution services are available to all contracting parties, without any membership requirements. In order to ensure cost-effective services, the LCIA’s administrative charges, and the fees charged by the tribunals it appoints, are not based on sums in issue. A registration fee is payable with the request for arbitration and, thereafter, hourly rates are applied by the arbitrators and by the LCIA.
 Commercial Arbitration And Mediation Centre For The America (CAMCA):-
This institution was created jointly by the American Arbitration Association, the British Columbia International Commercial Arbitration Centre, the Mexico City National Chamber of Commerce and the Quebec National and International Commercial Arbitration Centre. CAMCA operates with uniform rules, policies and administrative procedures. Cases may be filed by the parties with any of the offices of the member institutions . A multi-national panel of arbitrators and mediators is available to serve under these rules.
 International Centre for the Resolution of Intellectual Property Disputes (WIPO Arbitration Centre):-
The WIPO Arbitration and Mediation Centre was established in 1994 and forms part of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. Its purpose is to offer arbitration, mediation and expert determination services for the resolution of commercial disputes between private parties involving intellectual property. The dispute resolution procedures offered by the Centre, which lend themselves also to other types of commercial disputes, constitute alternatives to court litigation . WIPO is international, independent and neutral, and is supported by external experts in international dispute resolution and intellectual property.
The parties to the dispute are free to choose any of the arbitration institute which are in existence but if the agreement is between the host state and the foreign investor in that case, the agreement should include a commitment by the State to resolve disputes through arbitration and to "internationalize" the agreement. Internationalization implies that the rights and duties of parties cannot be legally affected by unilateral action of the host state . The arbitration clause should be sufficiently broad and clear in order to include issues of nationalization, expropriation and unilateral abrogation of "stabilization clauses". The State should also agree that the arbitration clause is an explicit waiver of sovereign immunity against enforcement and execution of the award or any judgment be referring to the ICSID.
 International Centre for Settlement of Investment Disputes(ICSID):-
ICSID is considered to be the leading international arbitration institution devoted to investor-state dispute settlement. It is an autonomous international institution established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. The ICSID convention sets forth ICSID's mandate, organization and core functions. Its primary purpose is to provide facilities for conciliation and arbitration of international investment disputes. It was created by the Convention as an impartial international forum providing facilities for the resolution of legal disputes between eligible parties, through conciliation or arbitration procedures . Recourse to the ICSID facilities is always subject to the parties' consent. ICSID in addition to its normal rules of procedure for arbitration and conciliation proceedings also maintains an additional facility to handle disputes that do not fall within its usual jurisdiction. The additional facility is authorized to administer disputes that do not fall within the scope of the ICSID Convention as long as they are between states (or subdivisions or agencies of states) and nationals of other states and fall within one of three categories:
1. One of the parties is either not a contracting state or a national of a contracting state.
2. At least one of the parties is a contracting state or a national of a contracting state but the dispute does not arise directly out of an investment.
3. A fact finding proceeding.
Unlike any other arbitral institutions, ICSID imposes jurisdictional requirements that must be met in order to arbitrate before ICSID. Thus, counsel must take special care in drafting an ICSID arbitral clause. The jurisdictional requirements for ICSID may be summarized as follows :
1. The arbitration must involve an investment dispute.
2. One of the parties to the dispute must be a State which is a party to the ICSID Convention ("Contracting State") or a constituent subdivision or agency of a Contracting State. For a State's subdivision or agency, the State must designate the subdivision or agency to ICSID as an entity authorized to arbitrate under the auspices of ICSID.
3. The other party must be a private party that is a national of another Contracting State. Nationality is determined as of the date of consent to ICSID arbitration, which may occur when a contract containing an ICSID arbitration clause is signed. If the private party is a company locally incorporated in the host country, it may still qualify as a national of another Contracting State for jurisdictional purposes of ICSID if the parties agree, explicitly or implicitly, to treat it as a national of another Contracting State and if it is, in fact, foreign controlled.
4. The Contracting State involved in the dispute must consent in writing to ICSID jurisdiction. Consent may be given in the parties' contract, in a nation's internal law, in a bilateral investment treaty, or in a multilateral treaty, such as the North American Free Trade Agreement (NAFTA ).
In drafting the ICSID arbitration clause, counsel should take these jurisdictional requirements into account, and make sure the parties comply in the agreement, or otherwise, with each. Because of the jurisdictional requirements of ICSID, it is wise to provide in the arbitration clause for a back-up institution to administer the arbitration in the event ICSID jurisdiction fails.
These are the institutions which are used for the settlement for the international commercial disputes.

RULES OF INTERNATIONAL ARBITRATION INSTITUTES

All the international arbitration institutes established for the settlement of the disputes have their own rules and procedure or they may refer to the rules which are referred by the parties in the arbitration clause for settling the disputes which may occur between the either the parties or between the host state and the foreign investor, when referred before it. And, where the parties do refer their disputes to ad-hoc institutes in that case parties may use any of the following rules:-

 Arbitration Rules of the United Nations Commission on International Trade Law
(UNCITRAL):-

The UNCITRAL Arbitration Rules were adopted in 1976 after extensive deliberations and consultations with various interested international organizations and leading arbitration experts . The General Assembly of the United Nations has recommended the use of the UNCITRAL Arbitration Rules in international commercial contracts. Revised UNCITRAL Arbitration Rules were adopted in 2010 and are intended to reflect the evolution in arbitral practice in the period since the adoption of the 1976 Rules . UNCITRAL promulgated rules for use in ad hoc international arbitrations. The rules are widely accepted. Some arbitration institutions have adopted the UNCITRAL Rules as their institutional rules and other institutions will administer arbitrations under the UNCITRAL Rules, if requested. The rules cover all aspects of the arbitral process, including the appointment of arbitrators, conduct of arbitral proceedings, and effect of any award. In order for these rules to function most efficiently, parties should specify an appointing authority in their arbitration agreement that will appoint arbitrators and decide challenges when necessary. If parties fail to designate an appointing authority in their arbitration agreement, or the designated appointing authority refuses or fails to act, both the 1976 and 2010 UNCITRAL Arbitration Rules provide that any party may request the Secretary-General of the Permanent court of Arbitration (PCA) to make such designation. Under either the 1976 or 2010 Rules, the Secretary-General of the PCA may also serve directly as appointing authority if the parties so agree .

 American Arbitration Association International Arbitration Rules:-
The American Arbitration Association (AAA) is an arbitration institution that has developed International Arbitration Rules, Commercial Arbitration Rules, Securities Arbitration Rules, Patent Arbitration Rules, and rules designed for specific sectors including construction, employment, labour, patents and textiles. This Arbitration Association and its international arm, the International Centre for Dispute Resolution (ICDR) are committed to the principle that commercial arbitration, and particularly international commercial arbitration, should provide a simpler, less expensive and more expeditious form of dispute resolution than resort to national courts. The purpose of these rules provided by this association is to make it clear to arbitrators that they have the authority, the responsibility and, in certain jurisdictions, the mandatory duty to manage arbitration proceedings so as to achieve the goal of providing a simpler, less expensive, and more expeditious process. These rules may be adopted by parties at any time in arbitration clauses or by agreement or in any other arbitration administered by the AAA.

 International Chamber of Commerce Rules of Conciliation and Arbitration:-
ICC Rules of Arbitration are used worldwide to resolve business disputes through arbitration. The main purpose of these rules to offer to the business partners a means of resolving disputes amicably, in the way best suited to their needs. These rules provide the provisions which regulate the filing of claims, the constitution of arbitral tribunals, the conduct of proceedings, the rendering of decisions and the determination of costs. While offering security and predictability , the ICC Rules also accommodate any preferences parties in dispute might have with respect to certain aspects of the proceedings, such as the choice of arbitrators, the place, and the language of arbitration. These rules define and regulate the conduct of cases submitted to the International Court of Arbitration of ICC. The ICC International Court of Arbitration is the only body which is authorized to administer arbitrations under the Rules.
All these arbitration rules which are mentioned above can be referred by the parties in their arbitration agreement/clause for resolving their disputes if it may arise either before or during the performance of the commercial transaction, thus allowing the parties to decide on the procedure to be followed in the arbitration. While in most cases the parties choose arbitration institution in which the arbitration will take place. Any arbitration that takes place in the context of an institution will be conducted in accordance with the rules of that organization. The rules set forth the procedures for the commencement of the arbitration, the appointment of the arbitrators, the conduct of the proceedings and the issuance of the award. The optimal way for parties to ensure a successful arbitration is to draft an appropriate arbitration clause that specifically meets their needs. Although a model clause may be used in standardized contracts, in complex international transactions the parties should tailor the arbitral provision to the needs of the specific contract. The examples of such model clause recommended by the institutions are as follow:-
 UNCITRAL Arbitration Rules:
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force." UNCITRAL notes that "Parties may wish to consider adding .
(a) The appointing authority shall be... (name of institution or person);
(b) The number of arbitrators shall be...(one or three);
(c) The place of arbitration shall be...(town or country);
(d) The language(s) to be used in the arbitral proceedings shall be...."

 ICC Arbitration Rules:
"All disputes arising in connection with the present contract shall be finally settled under the Rules of [Conciliation and] Arbitration at the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules." Parties should also designate the place of arbitration in the clause, otherwise, the ICC will choose."
 NAFTA Advisory Committee on Private Commercial Disputes:
"(a) Any dispute, controversy or claim arising out of, relating to, or in connection with, this contract, or the breach, termination or validity thereof, shall be finally settled by arbitration. The arbitration shall be conducted in accordance with [identify rules] in effect at the time of the arbitration except as they may be modified herein or by mutual agreement of the parties. The seat of the arbitration shall be [city, country], and it shall be conducted in the [specify] language. The arbitration shall be conducted by [one or three] arbitrators, who shall be selected in accordance with [the rules selected above]."
(b) The arbitral award shall be in writing and shall be final and binding on the parties. The award may include an award of costs, including reasonable attorney's fees and disbursements. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets."
The following clauses are meant to serve as model arbitra¬tion clauses though drafter at the time of drafting the arbitration clauses. However, should keep in mind any transac¬tion-specific needs that should be further addressed.

ENFORCEMENT OF ARBITRAL AWARDS
Recognizing the growing importance of international arbitration as a means of settling international commercial disputes, the conventions on the recognition and enforcement of foreign arbitral awards seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral awards. The term "non-domestic" appears to embrace awards which, although made in the state of enforcement, are treated as "foreign" under its law because of some foreign element in the proceedings, e.g. another State's procedural laws are applied .
The Conventions aim is that foreign and non-domestic arbitral awards will not be discriminated against and it obliges parties to ensure such awards are recognized and generally capable of enforcement in their jurisdiction in the same way as domestic awards. An ancillary aim of the Convention is to require courts of 1 give full effect to arbitration agreements by requiring courts to deny the parties access to court in contravention of their agreement to refer the matter to an arbitral tribunal . The conventions which lead to the recognition and enforcement of the foreign arbitral award are as follow:-
 The "New York Convention":-
The New York Convention resulted from an international effort to make arbitration more certain and efficient means of resolving international disputes. Since the New York Convention became available for ratification in 1958 .Almost all the major international trading nations are parties to the New York Convention. Article I of the New York Convention sets out its scope:
“This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought, and arising out of differences between persons, whether physical or legal. It shall also apply to arbitral awards not considered as domestic awards in the State where their recognition and enforcement are sought.”
.
Article1 of the convention provides that awards made in the territory of any contracting state other than the one in which enforcement is sought (Article 1(1). Under Article 1(3), a contracting party can opt for the reciprocity reservation, whereby it will only apply the Convention to arbitral awards made in another contracting state .
Article III of the Convention requires a Contracting State to "recognize arbitral awards as binding" and to enforce the awards according to the State's own rules of procedure. A State may not impose "more onerous conditions or higher fees or charges" for the recognition or enforcement of awards under the New York Convention than it would impose for a domestic award.
Article IV of the Convention provides that the procedure for obtaining enforcement of an award is straight forward. The party seeking enforcement must supply the court with a "duly authenticated original award" and either the original or certified copies of the arbitration agreement .'
Article V of the convention provides the limited grounds on which opposing party can challenge the enforcement of awards under this convention, they are as follow :
1. the parties were suffering under some incapacity or the arbitral agreement was invalid;
2. the party against whom the award is invoked was not given proper notice of the arbitrator’s appointment or the arbitration proceedings or was unable to present his case;
3. the award decides matters not within the scope of the arbitration agreement;
4. the composition of the arbitral tribunal or the procedure used did not accord with the parties’ agreement or applicable law; or
5. The award has not yet become binding or has been set aside or suspended by a competent authority of the country where the award was rendered.
However, the New York Convention in Article VII states that “the provisions of the present Convention shall not affect the validity of multilateral or bilateral agreements concerning the recognition and enforcement of arbitral awards entered into by the contracting states nor deprived any interested party of any right he may have to avail himself of the treaties of the country where such award is sought to be relied upon .”
This means in practice that, when it becomes necessary to enforce an arbitral awards in one or more states in which the losing party has (or is thought to have assets, it is wise to consider :
-whether, apart from the New York Convention, there exist any bilateral treaties under which recognition and enforcement of the award may be sought , on more favourable terms; or
-whether local law provisions are themselves more favourable for the enforcement of international arbitral awards, irrespective of any treaties or conventions.
 UNCITRAL MODEL LAW:
The UNCITRAL Model Law, which records what are generally considered the standards and practices of international arbitration and the most appropriate national law for international arbitration, contains similar provisions to the New York Convention but is more expansive as to the role of the courts. Its approach is clearly stated in its early provisions:
Article 5 provides that “no court shall intervene except where so provided in this Law,” and Article 6 designates just three areas for court involvement in arbitration within its jurisdiction. First, it provides for assistance with the appointment of a tribunal: Articles 11.3, 11.4, 13 and 14 provide for court assistance to ensure the proper appointment of a tribunal where the appointing mechanism fails, there is a challenge to the independence and impartiality of an arbitrator or an arbitrator becomes incapable of performing his duties . Second, it allows review of issues of fundamental jurisdiction: Article 16.3 gives the court the power to revisit issues concerning the tribunal’s jurisdiction in light of the terms of the arbitration agreement. Third, it allows parties to challenge an award: Article 34 provides for those exceptional conditions where the court may set aside or overturn an award. There is no provision allowing the national court to review the tribunal’s decision on the merits. Lastly, Articles 35 and 36 of the Model Law contain almost identical provisions for the recognition and enforcement of foreign awards as in the New York Convention .
 Inter-American Convention on International Commercial Arbitration (Panama Convention):-

The Inter-American Convention on International Commercial Arbitration - often referred to as the Panama Convention - was concluded on January 30, 1975, in Panama City. Nineteen nations have ratified the Convention. The Panama Convention was patterned after the New York Convention .
The Panama Convention validates arbitrate commercial disputes agreements as long as the agreement is set forth in a signed instrument. If the parties fail to agree upon the rules of procedure for conducting the arbitration, then the rules of the Inter-American Commercial Arbitration Commission will be applied. The parties are expressly allowed to determine the manner of appointing arbitrators, and may delegate the power of appointment to a third party. The Convention also validates the appointment of foreigners to serve as arbitrators. Under the Convention, a non-appealable arbitral award is given the same force as a final judicial judgment. An arbitral award is to be recognized and enforced in the same manner, and according to the same procedure, as that provided for local court judgments, as modified by the provisions of any applicable international treaties .
Article 5 which is the most important provision of this convention provides the grounds for refusing to recognize and execute an arbitral award. The Convention expressly says that the party against whom an award is made has the burden of proving one of the grounds for refusing recognition. Local courts can only refuse recognition if:
1. The parties to the arbitral agreement are suffering from some incapacity, or the agreement is invalid under applicable law;
2. The complaining party was not duly notified of the appointment of the arbitrator or of the applicable arbitration procedure or was unable to present his defence;
3. A decided issue is not within the scope of the arbitral agreement; the constitution of the arbitral tribunal, or the procedure followed, was not in accordance with the parties’ agreement or applicable law; or
4. The award is not yet binding or has been annulled or suspended by a competent authority of the state where the award was made.
Two additional grounds for non-recognition are also provided if the state where recognition is sought finds:
1. That the subject of the dispute cannot be settled by arbitration under the law of the recognizing state; or
2. Recognition would be contrary to the public policy of the recognizing state.
The final substantive provision of the Convention allows a competent authority of the state where the award is rendered to postpone a decision on the execution of the award. Upon the request of the party seeking execution, the state may also require the party against whom the award was made to provide appropriate guaranties .
 International Centre for the Settlement of Investment Disputes Convention (ICSID Convention):-
It is a Convention on the Settlement of Investment Disputes between States and Nationals of Other State at Washington, D.C., on March 18, 1965. The Convention established the ICSID institute for the settlement of the investment dispute. Under the Convention, a government party is required to recognize an ICSID award “as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State.”An ICSID award may only be appealed by means of the procedure provided in the ICSID Convention .
Thus, all these convention are established with the aim that it will lead to the enforcement of the foreign arbitration award in the jurisdiction of state by the court in the same way as domestic awards are enforced. Generally, a court must comply with a request to enforce an arbitration award. On the basis of certain grounds the court is entitled to refuse to enforce an award. Generally, there are seven grounds for refusal to enforce, which fall into two categories :
1. Problems with the conduct of the arbitration itself .The party against whom enforcement is sought must furnish proof that the award is flawed due to:
a) Incapacity of a party;
b) Failure to give proper notice to a party, or the inability of a party to present his/her case;
c) The award fell outside the scope of the arbitration agreement;
d) The selection of the arbitrators violated the agreement; or, if the agreement did not address selection, the selection process violated the law; or
e) The award was set aside or annulled.
2. State sovereignty issues which include:-
a) The law of the country in which enforcement is sought prohibits arbitration on the subject matter of the issue in dispute ; or
b) the recognition or enforcement of the award would be contrary to the public policy of that country.

Role of National Courts in the Enforcement of the Arbitral Awards

Professor Jan Paulsson said that “the great paradox of arbitration is that it seeks the co-operation of the very public authorities from which it wants to free itself”. Thus, a harmonious relationship between the Courts and the arbitral process is important .
Courts may become involved in an international commercial arbitration in many different ways. Parties may also seek judicial assistance from several different national courts, including courts at the seat of the arbitration (i.e., the place where the arbitration is legally located, which is often named in the arbitration agreement), in different forms at different stages of the arbitration process because :
(1) national laws are required to recognize and enforce the agreement to arbitrate and enforce any award;
(2) national laws are required to support the arbitration process during the arbitration; and
(3) International arbitration has established certain fundamental standards that require policing at the national level.
With the provisions provided under the conventions for the courts regarding arbitration proceedings such as New York convention and the UNCITRAL Model Law, the involvement of the courts in the arbitral proceeding can be divided into four stages :-
 Prior to the Establishment of A Tribunal
Courts involved in the arbitration proceedings prior to its constitution in the cases-where a party initiates proceedings to challenge the validity of the arbitration agreement; where one party institutes court proceedings despite, and perhaps with the intention of avoiding, the agreement to arbitrate; and where one party needs urgent protection that cannot await the appointment of the tribunal. In all such cases, it is the court’s duty to uphold the arbitration agreement.
 At the Commencement of the Arbitration:
Court intervention at the commencement of arbitration generally involves assisting with the appointment of and challenges to arbitrators. In the UNCITRAL Model Law and in most national laws it has been provided that the court uses its authority to give effect to the parties’ agreement by establishing an appropriate tribunal to take over and deal with the dispute between the parties where the prescribed appointment mechanism does not work.
 During The Arbitration Process
This type of intervention is generally unobjectionable and appropriate in circumstances where the tribunal cannot (rather than has refused to) take the measures sought, and the intervention has the agreement of the tribunal.
Court involvement during the arbitration process comes in many forms and is rarely dealt with in arbitration statutes. It enables the court for making procedural orders that cannot be ordered or enforced by arbitrators, or orders for maintaining the status quo. These measures are generally helpful. There are also orders for protecting and taking evidence, or otherwise protecting the integrity of the arbitration.
 During The Enforcement Stage
Finally after an award has been rendered, the courts may become involved in two places: firstly at the place of arbitration, i.e., when a party challenges and seeks to set aside the award, or lodges an appeal against the award under the applicable arbitral law or regime; Secondly, at the place of enforcement, where the successful party seeks the recognition and enforcement of the award.
One should be aware that when a national court is asked to deal with any of these issues, it is in its simplest form a negation of the arbitration agreement. Thus when the issues are referred to a national court, it will determine these issues in accordance with its own national law and procedures .
Therefore the courts involvement in the area of the arbitration can be seem from the beginning to end. In addition to this the another area of court involvement is granting injunctions which cuts across every stage of the arbitration process and gives rise to no. of practical and conceptual difficulties. Granting injunctions by the court in the arbitral proceedings is considered to be one of the gravest problems of contemporary international commercial arbitration. These injunctions can be anti-arbitration that undermine or block arbitration proceedings, and anti-suit injunctions and pro-arbitration injunctions which encourage and enforce arbitration proceedings.
 Anti-Arbitration Injunctions:
Anti-arbitration injunctions are used either before arbitration has commenced to prevent the tribunal from being established or after proceedings have begun to stop arbitration in its tracks. Injunctions restraining the conduct of arbitration proceedings are in general and should only be granted where it is absolutely clear that the arbitration proceedings have been wrongly brought . These injunctions can be directed not only against the parties alone, but also against the arbitrators if the court has jurisdiction over them.
 Anti-Suit Injunctions:
Anti-suit injunctions operating in personam are aimed at preventing or restraining proceedings in courts in breach of an arbitration agreement. Such injunctions are typical when there are concurrent proceedings in another jurisdiction. The three important points related to anti-suit injunctions: first, the importance of the anti-suit injunction to the supervisory role of the national courts is by and large widely recognized; second, the national courts might arguably use the anti-suit injunction whenever they consider it necessary to protect the parties’ agreement to arbitrate; & third, by ordering anti-suit injunctions, the applying party is able to benefit from contempt of court proceedings . These injunctions may have a vital role to play in the hands of national courts at the seat of arbitration in its supervisory role over the arbitration process.
 Pro-Arbitration Injunctions
Pro-arbitration orders are orders issued by national courts for specific performance of arbitration agreements. On their face these injunctions offer powerful support for the arbitration process in that they directly compel parties to undertake what they have already agreed upon. There are two important issues relating to courts’ compelling arbitration. The first is whether orders compelling arbitration accord with the underlying principles of the international arbitration regime . The second issue is that if such orders are made, how far should they reach, and in particular, should courts be entitled to make orders against parties who are not on the face of the arbitration clause party to the arbitration agreement.

Thus the court by involving itself and facilitating these arbitration proceedings encouraging the use arbitration method for resolving dispute rather than narrowly interpreting an arbitration agreement, or by taking an overly technical approach to the conduct of the arbitration.
However, there must be enough court involvement to support and encourage arbitration but that should be in balance way as too much intervention will encourage litigation and layers of appeals; too little, will fail to prevent misconduct and fail to ensure fairness and justice in the arbitral process. The involvement of the court in the arbitral proceedings depends upon the nature and circumstances of the case while the approach of the court to involve in the international arbitration depends upon number of principles. First, international arbitration depends on national courts to provide effectiveness, support, and assistance for the process despite its autonomous character . Second, when the courts are asked to give effect to the agreement to arbitrate and support the process agreed between the parties, including by assisting with the establishment of the tribunal, third ,the protection and collection of evidence for use in the arbitration, and, if need be, preservation of the status quo. Fourth, once an award has been made, courts should seek to give effect to the tribunal’s award; & fifth, when the request of injunction is filed with the court . Thus, there is a very subtle balance between assistance from the national courts and their intervention in arbitration proceedings. And its involvement and assistance in arbitral proceedings is being limited . Arbitration tribunals are in some areas obtaining powers reserved until recently only to the national courts which leads to”judicialization” of arbitral proceeding

International Commercial Arbitration And Its Impact On Developing Countries

International commercial arbitration does not exist in a vacuum. It grows out of needs and opportunities presented by :
a. The growth of global trade and commerce;
b. The expansion of financial markets;
c. The rapid increase in telecommunications;
d. The massive expansion in the movement of peoples and businesses throughout the world; and
e. The inadequacies and imperfections of national courts in providing redress to those who have a legal dispute arising out of an international commercial transaction.
Technology is an important stimulus to all of the foregoing developments. Technology encourages the need for international commercial arbitration and facilitates its performance in ways unimaginable to earlier generations . Thus, international arbitration is employed in developing countries to settle disputes arising out of international trade and the transfer of technology. Most of the developing countries make for highly desirable markets to the foreign private investor, as these countries are leading contenders for investment capital. Whilst developing countries have begun to assume a more active role in exploiting, developing and marketing their own natural resources, one of the difficulties often faced is the lack of technical expertise and capital to generate the momentum that is required. This need for foreign investment and bilateral trade between the developing and developed markets has underlined the necessity for efficient dispute resolution mechanisms to be in place. For a variety of reasons, the preferred (or only currently viable) mechanism is international arbitration.
Globalisation brings arbitration to countries and regions of the world where it was previously unknown and which are often ill prepared for its arrival, causing gaps which urgently need filling. It lays a challenge before the international arbitration community in the form of the sheer volume of international business disputes which parties wish to see settled out of court. International business transactions ¬– and the disputes to which they inevitably give rise have not only multiplied . They also tend to bring increasingly complex issues to arbitration, pushing traditional methods, procedures and ways of thinking to their limits and thereby accelerating their evolution. However, arbitration has several advantages over litigation. The often cited disadvantages of litigation include a non-neutral venue, requiring one party to navigate the ins and outs of the other’s national court procedures; may involve different languages, cultures and business practices. The advocates of international arbitration argue that the appeal to settle disputes through arbitration lies in its certainty, flexibility, jurisdictional neutrality, consensual nature, privacy, finality speed and the ability to enforce the award in other countries . Enforcement of international arbitration has been primarily through the New York Convention 1958 which provides for an extensive enforcement regime. Neutrality is another important feature of arbitration. This attribute is particularly essential to international commercial parties . Anecdotal evidence of actual or perceived bias of domestic courts has made the neutrality of international arbitration a key factor. Arbitration also offers the expertise of the arbitrators, giving parties the freedom to choose the tribunal most capable of handling their dispute. Privacy is another salient feature of international arbitration, which makes it more attractive than litigation. Together these features make for an attractive dispute mechanism, capable of sustaining the relationship between contracting parties . nature, privacy, reduced costs, finality, speed and the ability to enforce the award in other countries. But in reality all this claimed superiority over domestic courts are made up and is only a pretext to promote the western business interests . Not only this, because of the peculiar institutional set up, the international commercial arbitration is working against the interest of the developing countries. This could be revealed by an examination of the claimed superiority of arbitration one by one:-
 Enforcement
Enforcement is the most important factor in favour of arbitration. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“the New York Convention”) provides an extensive enforcement regime for international arbitration awards. There is no real equivalent for enforcement of domestic court judgments. But in case of developing countries enforcement of arbitral award continues to be erratic, problematic, inconsistent, difficult, expensive, slow, or impossible at worst. Even many of the developing countries are facing the problem of corruption, local protectionism; faulty regulation, ignorance and systemic inefficiency make enforcement proceedings a real challenge .
 Neutrality
Another important feature of arbitration is the ability of the parties to refer their disputes to a neutral forum. Anecdotal and real evidence of actual or perceived bias of domestic courts and differences as regards both substantive and procedural laws make the “neutrality” of the seat of arbitration a key factor. Both parties to the arbitration agreement desire a level playing field as a forum for resolving any disputes that might arise in the future.This factor is particularly important to international commercial parties, wary of referring disputes to the “home” courts of their contracting partner. By their choice of the arbitral seat, the parties can also ensure that their arbitration is subject to a modern, effective and supportive arbitration law . However, in practice the choice of a neutral forum can prove to be somewhat idealistic. In “neutrality” there has however somewhat of a divide between the arbitration regimes of the developed and developing world. Which led to perceptions that international arbitration as it is practiced today fails to address cultural and social issues affecting businesses in the developing world.
 Certainty and finality
Certainty which is also considered to be an important factor of the arbitration but actually the reality is that: the flexibility of tailoring an arbitration clause to suit the parties and the subject matter of the dispute introduces a significant element of uncertainty; challenges to jurisdiction are very common in many commercial arbitrations and especially in investment treaty cases; and although the right/ability to appeal an arbitration award is very limited in most cases, it is very much dependant on the local courts adhering to their obligations to limit challenges to an award. And the other required element of finality in international arbitrations is heavily dependent on national courts.
 Expertise
The parties in arbitration can choose their tribunal but unfortunately, sometime it happens that the parties choose their own arbitrators without understanding the consequences and implications or sometimes it happens that the quality of people purporting to be arbitrators and the nature of their experience is not suitable for the arbitration proceedings.
 Costs and delay
Though arbitration is often perceived as being cheaper than litigation, this is not always the case and, it is submitted, is often, quite the opposite. The parties must pay the tribunal plus any administrative costs (for example, room hire), which may represent a relatively substantial outlay when compared with the cost of court proceedings. The parties must also undertake the practical arrangements and organisation for any hearing. To a large extent, the relative cost of arbitral proceedings depends upon the attitudes of the parties and the tribunal. An experienced tribunal and co-operative parties will often be able to devise procedures that minimise costs.
It is true that compared to domestic court litigation in many developing counties, the lead times to trial in court vary between three to 10 years. In this context, arbitration often represents a speedier method of dispute resolution. However, if the parties opt for a three-man tribunal consisting of three busy and popular arbitrators, there may be a substantial delay before any hearing can be accommodated. Also, because arbitrators’ powers of coercion are much more limited than the courts’, there is greater opportunity for deliberate delays and breaches of procedural deadlines. In principle an arbitral tribunal can determine claims and defences summarily. However, in practice they may be less willing than a court to do so.
Thus, only advantage of arbitration appears to be its ability to provide a legitimate medium for the effective disempowerment of national legislative potentials. The approach of the international arbitration is shifting towards developing counties due to the unequal bargaining power of the developing countries in the internal trading regimes especially when they are the exporters of primary products and if these countries want to attract any foreign investment .

Conclusion And Suggestions
International commercial arbitration has proven spectacularly successful in the post war era. It will no doubt continue to be so, with the greater opportunities for trade and commerce on the international stage brought about by globalisation which also give rise to commercial disputes. Thus, Globalization has in some ways contributed to the impact of resorting to international commercial arbitration for resolving these international commercial disputes over the regular litigation process. Global trade has made this method of resolving disputes the preferred form, as the process is basically a private one and confidentially is highly recognized, especially in determining the arbitral award.
Therefore, international investments and the ongoing trade between different countries pushes the need for parties to recognize the importance of international commercial arbitration as part of their main contracts. Though the issue of jurisdiction is and always will become an issue, there are growing number of states that continuously promulgate and amend their own arbitration rules so as to conform to the changing times.
The challenges developing countries face are relevant to the greater international arbitration community and it must take a more pro-active role in addressing them. There are very large projects and transactions currently taking place in developing countries whose legal systems and dispute resolution mechanisms continue to lag behind. The main reason for this is the existence of the problem in neutrality, enforcement, certainty & binding, cost which are considered to be the major factors for exercising the arbitration. So, it is suggested that the arbitral institutions need to take a more active role in encouraging developing countries’ participation and activism in the institutions and to take into account their interests and expectations for neutrality. For enforcement, it is required that developing countries courts give full force and effect to their obligations under the New York Convention and stop paying service for the enforceability of agreements to arbitrate and the awards which follow from them. In case of certainty and finality developing countries are required, to play a more pro-active role in ensuring that nationals from these countries come forward and receive the necessary training and start participating in global programs enable them to interact and work with the more established segments of the industry. And for cost and delay issue it is required that the claims are to be simple, involve only one defendant, and if are indisputably due, issue may be prefer to court and apply for summary judgment be made. In addition to these measures which are suggested, the underlying fundamental basis for international arbitration to work is trust. It is a trust vested shown by the parties in the system, in its rules, in the tribunal, in arbitral counsel and in the institutions managing the process . These are the very factors by which present opportunities for arbitrators and counsel within the international arbitral arena to focus upon the needs and expectations of the parties and assist in the proper advancement of arbitration in developing countries.

BIBLOGRAPHY
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