Speeding up the Arbitration Process: Dos and Don’ts

Abstract

The criticism against international arbitration that one repeatedly hears relates to time and costs. These two are interlinked in that the longer the proceedings take, the higher is usually the cost. All major arbitration institutes have sought to address these concerns by putting in place mechanisms for the purposes of ensuring efficient conduct of the proceedings and by offering new, speedier alternatives.
Seeking a speedy resolution of a conflict must always be balanced against other considerations. There are conflicts with regard to which the stakes involved and/or the complexity of the issues are such that a very speedy resolution simply is not an option. Due process, the right to be heard, and sufficient opportunity for the arbitral tribunal to consider the merits of the case cannot be sacrificed just to achieve a swift resolution of the dispute.