1. Arbitration is a private dispute resolution procedure chosen by both parties.
2. The parties choose the arbitrator(s) and can ensure neutrality in the process.
3. The decision of the arbitral tribunal is final and easy to enforce under the New York Convention.
The article provides a clear and concise overview of what arbitration is, its principal characteristics, and how it works under the WIPO Arbitration Rules. However, there are some potential biases and missing points of consideration that need to be addressed.
Firstly, the article presents arbitration as a superior alternative to going to court without acknowledging its limitations. While arbitration can be faster, cheaper, and more flexible than litigation, it may not always provide a fair or just outcome for both parties. For example, arbitrators may lack expertise in certain areas of law or may have conflicts of interest that compromise their impartiality. Moreover, arbitration awards are generally final and binding with limited opportunities for appeal or review.
Secondly, the article emphasizes the consensual nature of arbitration but fails to mention that some contracts may include mandatory arbitration clauses that limit consumers' rights to sue in court or join class-action lawsuits. This practice has been criticized for depriving individuals of their legal rights and allowing corporations to avoid accountability for wrongdoing.
Thirdly, the article promotes the WIPO Arbitration Center's services without acknowledging potential conflicts of interest. The Center suggests potential arbitrators with relevant expertise or directly appoints members of the arbitral tribunal, which could raise questions about their impartiality and independence from the parties involved.
Fourthly, the article does not address the issue of transparency in arbitration proceedings. While confidentiality can protect trade secrets and other sensitive information from public disclosure, it can also shield misconduct or unethical behavior by arbitrators or parties from scrutiny.
Finally, the article does not explore counterarguments against arbitration as a dispute resolution mechanism. Some critics argue that mandatory arbitration clauses undermine access to justice and due process by limiting individuals' ability to challenge unfair practices or seek redress for harm caused by powerful corporations.
In conclusion, while the article provides a useful introduction to what arbitration is and how it works under the WIPO Arbitration Rules, it also has some potential biases and missing points of consideration that need to be addressed. It is important to critically evaluate the advantages and disadvantages of arbitration as a dispute resolution mechanism and to ensure that it upholds principles of fairness, impartiality, transparency, and accountability.