Effective Measures Of Preventing Due Process Paranoia In International Arbitration
Keywords:
Abstract
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.
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References
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)
Arbitration Act, 1996
The Civil Procedure Rules, 1998
Family Procedure Rules, 2010
LCIA Arbitration Rules, General Guidelines for the Parties’ Legal Representatives, 2014
UNCITRAL Model Law on International Commercial Arbitration 1985, with amendments as adopted in 2006
International Arbitration Survey: Improvements and Innovations in International Arbitration
International Arbitration Survey: The Evolution of International Arbitration
The Dispute Resolution Commitment, Guidance for Government Departments and Agencies
Conference Report Washington DC 2010, (International Law Association Committee on International Commercial Arbitration)
ICC Commission Report on Decisions on Costs in International Arbitration, (ICC Dispute Resolution Bulletin 2015, Issue 2)
