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The DRB/DAB : An Attractive Procedure If One Takes Certain Precautions

The DRB/DAB : An Attractive Procedure If One Takes Certain Precautions THE DRBIDAB :AN ATTRACTIVE PROCEDURE IF ONE TAKES CERTAIN PRECAUTIONS' Pierre M. en ton^ I. USEFUL FOR THE PARTIES AND THOSE WHO PRACTICE ARBITRATION How to conciliate today the legitimate interests of the buyer, who wants to acquire a commodity or a service at the most attractive price, and those of the seller who, in a competitive context, wants to be awarded a contract at a price leaving him with a sufficient margin? A contract, therefore, is always the result of a compromise. It takes very little to transform such an unstable equilibrium into a steeplechase. Controversy is thus part of every contract, even more so if the contract is large and of long duration. The choice of legal proceedings to solve these disputes - unavoidable in certain cases - often leaves a double taste of bitterness for the parties involved in such a procedure, regardless of its outcome: On one hand, there are the high unproductive costs and, on the other hand, there is the commercial impact on the hture activities of the concerned company. Commercial usage and the mentality in certain countries are another obstacle for this type of dispute resolution. The prevention and soft resolution http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png ASA Bulletin Kluwer Law International

The DRB/DAB : An Attractive Procedure If One Takes Certain Precautions

ASA Bulletin , Volume 18 (1) – Mar 1, 2000
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Publisher
Kluwer Law International
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Copyright © Kluwer Law International
ISSN
1010-9153
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Abstract

THE DRBIDAB :AN ATTRACTIVE PROCEDURE IF ONE TAKES CERTAIN PRECAUTIONS' Pierre M. en ton^ I. USEFUL FOR THE PARTIES AND THOSE WHO PRACTICE ARBITRATION How to conciliate today the legitimate interests of the buyer, who wants to acquire a commodity or a service at the most attractive price, and those of the seller who, in a competitive context, wants to be awarded a contract at a price leaving him with a sufficient margin? A contract, therefore, is always the result of a compromise. It takes very little to transform such an unstable equilibrium into a steeplechase. Controversy is thus part of every contract, even more so if the contract is large and of long duration. The choice of legal proceedings to solve these disputes - unavoidable in certain cases - often leaves a double taste of bitterness for the parties involved in such a procedure, regardless of its outcome: On one hand, there are the high unproductive costs and, on the other hand, there is the commercial impact on the hture activities of the concerned company. Commercial usage and the mentality in certain countries are another obstacle for this type of dispute resolution. The prevention and soft resolution

Journal

ASA Bulletin – Kluwer Law International

Published: Mar 1, 2000

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