Efficiency—What Else?

2020 ◽  
pp. 348-376
Author(s):  
Loukas Mistelis
Keyword(s):  
Dispute Resolution ◽  
Typical Feature ◽  
International Arbitration ◽  
Party Autonomy ◽  
Private Ordering ◽  
A Value ◽  
The Cost

This chapter focuses on the value of efficiency in international arbitration. It also briefly discusses the tension between party autonomy and the desire of various authors to attribute to arbitration systemic qualities and features of private ordering. While efficiency did not feature as a typical feature of international arbitration some twenty odd years ago, serious concerns were expressed about the cost and length of proceedings. Paradoxically, at the same time, arbitration was seen as a method of dispute resolution which saves money and time for the users. However, in the last ten years, or perhaps a bit longer, there has been a marked awareness and indeed demand for a higher level of efficiency in the arbitral process. The chapter looks at the origins of the quest for efficiency in international arbitration and its establishment as a value of international arbitration, before exploring the role of arbitrators and arbitral institutions in ensuring efficiency.

The ‘Judicialization’ of International Commercial Arbitration: Pitfall or Virtue?

2017 ◽  
Vol 30 (2) ◽  
pp. 405-434 ◽  
Author(s):  
LEON TRAKMAN ◽  
HUGH MONTGOMERY
Keyword(s):  
Best Practice ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Party Autonomy ◽  
International Commercial Arbitration ◽  
Global Concern ◽  
Contextual Assessment ◽  
Law And Justice ◽  
The Cost ◽  
Commercial Disputes

AbstractThis article critiques the global concern that international commercial arbitration (ICA) is becoming increasingly ‘judicialized’, addressing the growing sentiment in ICA that arbitral proceedings are too lengthy, expensive, and complex. Assuming a contrarian perspective, it argues that attempts to address the cost and length of arbitration proceedings ought not to undermine the value of finely reasoned arbitral decisions grounded in law and justice. It also argues for a contextual assessment of ICA that extends beyond the debate over ‘judicialization’.Using global illustrations and ICA developments in Australia as an initial guide, this article suggests that balancing party autonomy, accountability, efficiency,andfairness in ICA can help resolve these growing criticisms of ‘judicialization’. Ultimately, the reform of international arbitration should take place within a framework of ‘international best practice’ that is both analytical in nature and functional in operation. As such, ICA should not only be affordable and expeditious, it should serve as a legitimate and effective method of resolving international commercial disputes. In addition, it should balance the virtue of transparent proceedings against the need to respect the confidences of the parties.

Part I Introduction, 1 Introduction

2019 ◽  
Author(s):  
Baumann Antje ◽  
Pfitzner Tanja V
Keyword(s):  
Dispute Resolution ◽  
Ad Hoc ◽  
General Structure ◽  
Historical Background ◽  
International Arbitration ◽  
Party Autonomy ◽  
Applicable Law ◽  
Arbitral Proceedings ◽  
Dispute Resolution Mechanism ◽  
Substantive Law

This introduction discusses arbitration as a method for resolving disputes. It first provides an overview of the advantages of arbitration as a dispute resolution mechanism and a brief historical background on the development of modern international arbitration before exploring the effects of arbitration agreements, taking into account the applicable law for the question of arbitrability (objective arbitrability and subjective arbitrability). It then considers two options between which parties can choose when deciding to settle their dispute by arbitration: institutional arbitration and ad hoc arbitration. It also analyses the parties’ right to choose—based on the principle of party autonomy—the place and language of arbitration, the substantive law applicable to the merits of the dispute, and number of arbitrators. Finally, it explains the applicable rules and general structure of arbitral proceedings as well as the enforceability of arbitral awards.

Respect for Party Autonomy under Current Saudi Arbitration Law

2009 ◽  
Vol 23 (1) ◽  
pp. 31-57 ◽  
Author(s):  
Faisal Al-Fadhel
Keyword(s):  
Judicial System ◽  
International Arbitration ◽  
Party Autonomy ◽  
Arbitration Clause ◽  
Supportive Role ◽  
The Status ◽  
Important Means ◽  
Basic Standards

AbstractArbitration is an important means for settling disputes between commercial parties, in parallel with the general judicial system. Certain basic standards, such as party autonomy and the supportive role of courts, are required in any modern arbitral legislation if it is to prove effective. This article will focus on the principle of party autonomy, fundamental to modern law, under the current Saudi Arbitration Law. Several issues will be discussed and constructive recommendations given regarding: the consistency in terminology used, specifically with respect to "arbitration instrument", "arbitration clause" and "submission agreement"; the professional qualifications and experience of arbitrators; the choice of language for international arbitration; woman's role as arbitrator; the status of non-Muslim arbitrators; and modernisation of the Saudi Arbitration Law of 1983 and its Implementing Regulations of 1985.

scholarly journals Vertical Integration and Outsourcing Decision Impact On Firm Performance: A Review Based Research on the Influence of Organizational Governance On firm Performance.

2021 ◽  
Vol 6 (1) ◽  
pp. 353-360
Author(s):  
Sikandar Shah ◽  
Dr. Wisal Ahmad ◽  
Dr. Muhammad Faizan Malik ◽  
Shah Raza Khan
Keyword(s):  
Firm Performance ◽  
Vertical Integration ◽  
Value Chain ◽  
Complex Problem ◽  
Organizational Governance ◽  
A Value ◽  
The Cost ◽  
Outsourcing Decision ◽  
The Relationship

This studyexamines that how companies take decision of outsourcing and vertical integration a value-chain activity currently the most complex problem faced by most the organization around the globe and also find the relationship and highlight the role of every activity related to outsourcing and vertical integration. In result of survey and interviews of different small, medium and corporate level companies in KPK, procurement managers and operations managers mostly in view of that outsourcing is thebest way to work in the market, because of the cost reduction, minimumturnaround time and especially in the uncertain market of KPK.

Part III International Arbitration Agreements: Issues and Perspectives, 6 Some Reflections on the Making of International Arbitration Agreements for the Resolution of Commercial Disputes

2016 ◽  
Author(s):  
Saville Lord
Keyword(s):  
New York ◽  
Dispute Resolution ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Dispute ◽  
Model Law ◽  
New York Convention ◽  
Legal Procedures ◽  
Commercial Disputes

This chapter presents some thoughts on international arbitration. It begins with brief descriptions of the New York Convention and the UNCITRAL Model Law, which serve as the foundations of international dispute resolution. It then discusses arbitration agreements, the role of institutions, the role of law, and the disadvantages of arbitration. It argues that international commercial arbitration has become much more like that of the London Commercial Court; more often than not lawyers are called in from the outset. Pleadings, discovery, and the like are commonplace. The arbitral process has also become more expensive, notwithstanding substantial efforts by arbitral institutions and others to limit costs. It further suggests that where the tribunal considers that the dispute can be dealt with fairly and more cheaply without the full panoply of such legal procedures as the parties’ lawyers propose, that they make certain that the parties themselves, not just their lawyers, are made aware of the tribunal’s view.

17 Switzerland

2014 ◽  
Author(s):  
Brown-Berset Dominique ◽  
Grisel Diane
Keyword(s):  
Dispute Resolution ◽  
Comparative Law ◽  
Theory And Practice ◽  
Cultural Environment ◽  
International Arbitration ◽  
Central Location ◽  
History Of

This chapter evaluates the merits of Switzerland as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Switzerland; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. Switzerland is one of the preferred venues for international arbitration due to its neutrality, central location in Europe, multi-lingual and multi-cultural environment, established infrastructure, experienced bar with a long tradition of comparative law, prominent scholars who contribute to the development of international arbitration theory and practice, and the dynamic Swiss Arbitration Association (ASA). Given this thriving environment and its combined tradition and history of arbitration, Switzerland will continue to foster and contribute to the development of international arbitration as the preferred means of dispute resolution in commercial matters.

The 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects: The Role of International Arbitration

1996 ◽  
Vol 5 (1) ◽  
pp. 19-72 ◽  
Author(s):  
Emily Sidorsky
Keyword(s):  
Dispute Resolution ◽  
Cultural Property ◽  
International Arbitration ◽  
Cultural Objects ◽  
Depth Analysis ◽  
Dispute Resolution Mechanism

SummaryGreat efforts have been made by representatives of a multitude of countries to rectify the situation currently confronting parties, whether they be private individuals or states, that seek the return of stolen or illegally exported cultural objects. The organization UNIDROIT has been at the forefront of that effort. In June of 1995, representatives of over seventy states met in Rome and adopted the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects. The UNIDROIT Convention will enter into force as it is ratified by individual states.The UNIDROIT Convention provides a claimant of a Contracting State with the option of using arbitration to settle its dispute. Until now, there has been little discussion of the advantages that international arbitration can bring to this domain. This article focuses on the benefits of international arbitration in facilitating the resolution of cultural property disputes. It presents an in-depth analysis of the text of the UNIDROIT Convention in the context of existing regulations in this area. It then examines three different approaches to international arbitration. These models serve to highlight the particular characteristics of this dispute resolution mechanism that make it ideally suited to cultural property disputes.

Effective Measures Of Preventing Due Process Paranoia In International Arbitration

2020 ◽  
Vol 02 (11) ◽  
pp. 72-80
Author(s):  
Bakhodir Mirzaraimov ◽  
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Due Process ◽  
Point Of View ◽  
International Arbitration ◽  
Process Flexibility ◽  
Party Autonomy ◽  
Prefer Alternative ◽  
Contemporary World ◽  
Arbitral Proceedings

In the contemporary world, people increasingly prefer alternative dispute resolution options to litigation in order to get more flexible process with quicker and cheaper results. One of the most recognizable forms of alternative dispute resolution is arbitration. The main benefits of arbitration are its neutrality of place, finality of process, flexibility, confidentiality, party autonomy, cost and time effectiveness, and finally its universally recognised process. However, lately arbitration has been criticizing for repeatedly extensions of deadlines by tribunals, recognitions of late evidences, acceptance of multiple amendments to a party’s written submissions and reschedule hearings by agreeing to last minute requests. This phenomenon is also known as due process paranoia. This article will emphasize the main reasons for due process from both respondents and arbitrators’ point of view. Moreover, the methods of improving the efficiency of arbitral proceedings and reducing cost and delay will be critically reviewed.

Part III Practice and Procedure, 12 Advantages of Arbitration for International Mining Disputes

2017 ◽  
Author(s):  
Burnett Henry G ◽  
Bret Louis-Alexis
Keyword(s):  
Dispute Resolution ◽  
International Institutions ◽  
Decision Makers ◽  
International Arbitration ◽  
National Courts ◽  
Arbitration Process ◽  
International Dispute ◽  
Dispute Resolution Mechanism ◽  
International Chamber Of Commerce

This chapter discusses arbitration for international mining disputes. Such disputes often involve parties from different countries often with different legal systems and cultures. Arbitration in a neutral forum, with independent and impartial decision-makers, as opposed to litigation in the national courts of one party or the other, is, in most cases, the preferred international dispute resolution mechanism. Some of the more well-known international institutions include the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), International Centre for Dispute Resolution (ICDR), and the International Centre for Settlement of Investment Disputes (ICSID). The remainder of the chapter provides a general overview of the role of national courts in connection with the international arbitration process and some of the primary issues that involve consideration by national courts.

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