Environmental Engineering Reference
In-Depth Information
Consent to arbitration can be given in advance or after the dispute has arisen,
whereas the latter limits arbitration to the respective dispute.
123
2.2.1
International Commercial Arbitration Institutions
Which form of international commercial arbitration is better suited for the Desertec
Concept? As mentioned above, there is institutional and ad hoc arbitration. Besides
helping to establish a tribunal, institutional arbitration offers a kind of quality
control during the process.
124
Some claim that institutional arbitration offers a
greater acceptance of awards and the costs are more predictable.
125
It is also
beneficial that institutional arbitration offers a topic or rules for the participants,
and there is a variety of well-trained arbitrators and institutions to review the award
before transfer.
126
On the other hand, institutional arbitration can be expensive and
tedious.
127
Nevertheless, there is also some support for ad hoc arbitration. Ad hoc
arbitration can be fitted to each case individually and therefore is very flexible.
128
The claim that ad hoc arbitration offers more flexibility has not been proven through
closer examination.
129
Ad hoc arbitration completely depends on the cooperation of
the parties, so it can be delayed purposely by them.
130
As mentioned above, the Desertec Concept is a large scale project. However, the
literature is also divided on the issue on the best type of arbitration for large scale
projects. Some authors in the field of international arbitration claim that ad hoc
arbitration is best,
131
whereas others view institutional arbitration as being more
practical.
132
To find a good solution for the Desertec Concept, it is necessary to
review the different arbitration forms. This includes an overview of arbitration
institutions and arbitration regulations of institutional and ad hoc arbitration.
123
Harten (
2007
), 61.
124
McIlwrath and Savage (
2010
), 39 para 1-070.
125
Metje (
2008
), 158-159; McIlwrath and Savage (
2010
), 65-66 paras 1-145 and 1-146.
126
Redfern et al. (
2004
), 48-49 para 1-102.
127
Redfern et al. (
2004
), 49 para 1-103.
128
Redfern et al. (
2004
), 49-50 paras 1-104 and 1-105.
129
McIlwrath and Savage (
2010
), 63 para 1-141.
130
Redfern et al. (
2004
), 50-51 para 1-107.
131
Redfern et al. (
2004
), 50 para 1-106.
132
In cases of ad hoc arbitration the parties must regulate the entire procedure, in: Euro-
Mediterranean Association for Cooperation and Development e.V. (
2010
), 1; Metje (
2008
), 159.
