Part IV Arbitral Procedure and Procedural Misdemeanour, 12 Procedural Efficiency in International Commercial Arbitration: Building It into the Process

Subject(s):

Jurisdiction — Arbitrators — Claims — International courts and tribunals, procedure

International commercial arbitration is getting bogged down by complaints that the process generally costs ‘too much’ and usually takes ‘too long’. Participants in the arbitral process and the resulting debate readily share scare stories about arbitrations that have gone off the rails in one way or another. Nevertheless, arbitration remains a preferred alternative for parties to many international business transactions. This chapter assesses three techniques that parties might consider when drafting pre-dispute arbitration clauses as techniques ex ante to maximize procedural efficiency: appointing a sole arbitrator; opting for expedited arbitration; and making express provision for summary dismissal of legally unmeritorious claims.