Part I International Arbitration Law, Arbitral Jurisdiction, and Arbitral Institutions, 2 Experiences and Suggestions Regarding the Functioning of International Arbitration Institutions

Subject(s):

Arbitrators — International courts and tribunals, procedure

This chapter first discusses the role of institutions in international arbitration in general, specifically institutional versus ad hoc arbitration and the different roles of arbitral institutions. It then describes the author’s own experiences as an active arbitrator under the rules of various arbitral institutions throughout the world and also as President of the Iran-United States Claims Tribunal at The Hague, President of the LCIA, and President of the DIS. Next, the chapter presents some recommendations on how the work of arbitral institutions may be improved based on the author’s personal experiences. It concludes with the suggestion that all those involved in the interaction between the institution, the parties, and the tribunal suppress their egos as much as possible. No matter how much experience one has, one must still listen, keep an open mind, and be ready for compromise if it serves the smooth conduct of the procedure within the applicable rules.