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

Elizabeth Snodgrass

From: Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators

Edited By: Julio César Betancourt

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 July 2024

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.

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