Arbitration in USA and UK: A Comparative Study

Abstract

Arbitration grew out of the need to settle disputes in an efficient and specialised manner, as an alternative to litigation. Importance of this mechanism, as a substitute means to resolve commercial disputes, has grown significantly in the recent decades, particularly in the international scenario. But the effectiveness of any arbitration proceeding goes to the root of the national law governing arbitration (substantive law) that determines the ambit of powers exercisable by the arbitrator and ultimately decides upon the enforcement of the award. Though there are international guidelines which have called for certain uniformity, in the domestic legislations on arbitration, many world nations have adopted laws in the manner suitable to their national requirements. Thus, the fate of international arbitrators still rests upon the prudent choice of national laws by the parties. At this juncture, it would not be an inappropriate exercise to make a comparative analysis on the laws governing arbitration as it exists in two of the prominent jurisdictions in the world- USA and UK.

Keywords: Arbitration, Disputes, Award, Panel, New York Convention, Investment, Jurisdiction, Separability, Judicial Intervention