Трудности перевода специальной литературы по коммерции и праву с английского языка на русский. Сидорова В.В - 27 стр.

and expenses (which may be particularly heavy if there are several
arbitrators coming from different countries), the hire of accommoda-
tion for the hearing, and the payment of a shorthand writer or
machine operator if they wish to have a full record of the evidence. On
the other hand, the arbitrator's greater familiarity with the practices
of the industry or market may shorten the proceedings and thus save
expense. Arbitration may be faster if the parties cooperate in bringing
the case to a swift hearing, but allows more opportunity for delay to a
defendant wishing to prolong the proceedings. The atmosphere of arbi-
tration is generally considered to be less hostile than of litigation, and
the arbitral award now has a greater degree of finality than a judgement.
As against this, the arbitrator's interlocutory powers, though rein-
forced by the Arbitration Act 1979, are still not as extensive as those
of a judge, a fact of particular importance if one of the parties wants
interim relief or summary judgement. Finally, whereas judges are
trained to think and act judicially and to treat the admissibility and
weight of evidence with circumspection, some arbitrators without le-
gal qualifications may be inclined to decide a case on their view of
what is fair and without sufficient regard to the nature of the evidence
or the appropriate rules of law. To this the businessman will, no
doubt, reply with conviction and with some justification, that it is
only natural for the lawyers to feel happier in their own habitat!
             2. TYPES OF COMMERCIAL ARBITRATION
       Apart from the division between domestic and international
arbitration, arbitral proceedings fall broadly into one of two catego-
ries; ad hoc arbitrations, in which the parties themselves prescribe
the mode of appointment of the arbitrator, who upon being appoint-
ed controls the proceedings himself, within the limits laid down by
law; and institutional, or administered, arbitration, in which the
arbitrator is appointed, the proceedings conducted, and the award
issued in accordance with the rules of a trade association or a nation-
al, regional, or international organization. Institutional arbitration
has the advantage of possessing a clear framework of procedure out-
side that is prescribed by law and, in many cases, of institutional
facilities for the conduct of the arbitration as well as an internal
appeal system. These advantages necessarily involve some loss of flex-
ibility, but contribute greatly to consistency in the conduct of arbitra-
tions within the system of business activity concerned. Among the
London arbitral organizations are the London Court of International

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