Clients and contacting parties have expectations in choosing international arbitration as the mode for the resolution of their disputes. Such expectations include quick and timely resolution of disputes, finality of the award and prompt realization of any award that may be made.
In the event of an international arbitration, the arbitration must have a seat. The seat goes a long way in determining to what extent, if at all, these expectations will be realized. Care must therefore be taken in choosing the seat of an international arbitration, certain crucial factors must be taken into consideration and the chosen seat properly designated.
The aim of this dissertation is to show that the seat of an international arbitration is not only pivotal to the smooth running of the arbitration proceedings but also vital in the enforcement of any award that would be made. The dissertation will demonstrate that if contracting parties and clients are to realize the benefits of choosing international arbitration as their mode for the resolution of their disputes care must be taken in choosing a seat for the arbitration. Further, the seat chosen by the parties must be properly designated failing which unpleasant or unintended consequences may occur.
The dissertation also aims to equip clients, contracting parties and practitioners with the legal consequences of designating a particular seat. This will certainly be of assistance to clients or contracting parties who intend or who have designated certain seats as their seats in the event of arbitration. It will also be of assistance to practitioners who are handling international arbitrations with certain seats.
The dissertation will also explore certain preferred seats and the reasons for their preference. The dissertation will also identify some commercial and legal considerations in the choice of seats in international arbitration.
At the end, a conclusion will be drawn. These will be of assistance to contracting parties, clients and practitioners.