Free decisions consider the representation of the free will of parties:
Parties’ will is basic in determining some essential procedures of arbitration. For instance, the free will to form the arbitral tribunal, seat of arbitration, the procedural law, substantive Rules, applicable law, and determining the time of the award and settling the dispute.
1- forming the tribunal:
Wide range of the arbitration laws and basis of international law centers give a wide range of freedom to the parties of the dispute to choose the arbitrators and forming the tribunal of arbitration which is appointed to settle the arisen dispute, under the condition to refer the dispute to an odd number of arbitrators.
2- Procedural law:
Arbitration allows to the parties of the dispute to determine the procedural law or the procedural rules of the tribunal. For instance, two companies from different nationalities one is from Egypt and the other from England, may both of them choose the American procedural law. With no doubt, this facilitates the work of the commercial enterprises in all over the world, which are linked together by contracts regardless of the nationality of the company or the partners of it.
3- Applicable law:
Arbitration allows the parties of the dispute to choose the law applicable to the substance of their dispute. For instance, one Saudi and one Egyptian company may choose the French civil law to settle their dispute. With no doubt, this proves an essential advantage to the parties of the dispute as they will avoid using unknown laws for them. The national judge applies the rules of the national law but the arbitrator settles the dispute according to the law chosen by the parties.
At this point, the professionalism of the lawyer appears in drafting the arbitration clause or submission agreement and his accuracy to choose the applicable or procedural law according to the interest of his clients, without any article that may hurt them.
4- Seat of arbitration:
It is the place where the arbitration process takes place. Where the session, pleadings, submitting briefs, motions takes place and etc.
Parties to the arbitration are free to choose the seat of arbitration, for instance, two companies from Egypt they may choose Egypt, United States of America or London as the seat of arbitration.
5- Language of the arbitration:
Parties to the arbitration are free to choose the language of the arbitration. This includes language of the arguments, mutual briefs and the award. It may for two Arabic companies to choose the English language as the arbitration language.
6- Agree on putting a time limit when by the dispute shall be settled:
This is a significant advantage for the arbitration over the national judiciary because the parties of the dispute could agree on a time limit when by the dispute shall be settled and the arbitrators should comply with that. Parties could avoid the disadvantage of a slow national judiciary. Parties may agree to settle the dispute within six months starting by the day of the dispute or the day when the tribunal has formed.