Efficient Arbitration: Lessons To Be Learnt From The Civil Law
Much has been said in recent times about time and cost efficiency in international arbitration. Users and practitioners alike deplore the notion that arbitration has become a lengthy, costly process that is no longer more efficient than litigation. Institutional arbitration rules around the world have been amended in an attempt to address the issue. But does that suffice? – it is ultimately still the parties, guided by their counsel, and the arbitrators who determine the proceedings. It is here that techniques from the civil law are increasingly being used in international arbitrations to ensure the efficiency of the arbitral process both in terms of time and costs. The speaker, civil-law trained and practicing in both civil and common law jurisdictions, will discuss some of these techniques and explain why they should be applied more frequently in common law-seated arbitrations.