PORTUGUÊS
When drafting complex contracts with international partners, the "Seat" of arbitration is often relegated to the end of negotiations. However, choosing between London (Court of International Arbitration - LCIA) and Paris (International Chamber of Commerce - ICC) has direct implications for how the conflict will be resolved.
London vs. Paris: Key Differences
- London (LCIA): Often chosen for contracts in English and governed by Common Law. Very agile response times and a strong tradition in financial disputes.
- Paris (ICC): Home to the most prestigious commercial arbitration in the world. Offers a case management structure (Court of Arbitration) that ensures rigorous scrutiny of the final award.
- Costs: Both are high-cost options; SD&MP evaluates whether your business scale justifies these seats or if regional options (such as Johannesburg) are more suitable.
Choosing the wrong seat can mean that a local judge in the seat country can interfere with the arbitrators' decision. At SD&MP, we review your arbitration clauses to ensure the chosen seat offers the neutrality and "finality" your investment demands.
Going to sign a million-dollar contract? Consult us on the strategic drafting of arbitration clauses.
