HomeNeutral rolesArbitration
TN/ROLE/10
Edition 2027 · effective 1 January 2027
Adjudicate · Arbitration
Who gives a final, enforceable decision?
A private, formal adjudication by one or three arbitrators under an arbitration agreement and the applicable law. The award is final and enforceable internationally under the New York Convention in its contracting states. It can be the right first formal mechanism where a final, enforceable award is needed; arbitral proceedings are administered by UNIONE™, a separate institution.
§ 01At a glance
Arbitration, in five facts.
- Who decides
- The tribunal decides.
- Outcome
- A final, binding and enforceable award.
- Effect
- Final and binding
- Typical time
- Months to years
- Formality
- ●●●●●
§ 02When it fits
Use it when… and not when…
A good fit
Who gives a final, enforceable decision?
- A final, enforceable decision across borders is needed
- The parties agreed to arbitrate in their contract
- Confidential, expert adjudication suits the dispute better than court
Choose another route
Use the least burdensome process that can do the job.
- When the parties mainly need a realistic view of the merits, which evaluation can give sooner
- When a single defined technical question could be settled by expert determination
§ 03Where it is used
1 situation where Arbitration is part of the route.
§ 04How appointment works
From first call to signed mandate.
A Neutral is shortlisted only after confirming availability and submitting conflict information. Nothing is called conflict-cleared until that disclosure has been reviewed.
§ 05Services and instruments
How TheNeutralsORG™ delivers it.
Services
Administered by UNIONE™ ICDT, a separate institution in the UNBOUNDED™ ecosystem
Delivered by qualified Neutrals, designed to work under the draft Neutral Practice Standard™.
Model instrument
Cross-Border Neutral Clause
Draft it with the clause tool, then have it reviewed by your own lawyer.
§ 06Neighbouring roles
Often confused with…
| Arbitration | Expert Determination | Dispute Board | |
|---|---|---|---|
| The question | Who gives a final, enforceable decision? | Who settles this defined question, quickly and finally? | Who keeps a major project moving when issues arise? |
| Who decides | The tribunal decides. | The expert decides the defined question. | The board recommends or decides, as the contract sets. |
| Outcome | Final and binding | Binding by contract | As the contract sets: recommendation or interim-binding decision |
| Typical time | Months to years | Typically four to eight weeks | For the life of the project |