Part II Understanding the Users of International Arbitration, 5 How Easy is it not to Take Adequate Care of the Proper Expectations of the Parties?
From: Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators
Edited By: Julio César Betancourt
- Arbitral agreements — Arbitral tribunals — Arbitrators — Claims — International courts and tribunals, procedure
This chapter argues that arbitrators must pay sufficient attention to the legitimate expectations of parties. In line with this, it surveys possible-or even involuntary-breaches of the expectations of the parties. It discusses common problems such as not allowing sufficient time to the proceedings; not allowing the parties to present their case adequately; the temptation to rush; effects of disliking counsel; and lack of a full de novo review. It concludes that the approach of many arbitrators is to render an award which would produce for them respect or even admiration, or the wish, at least in Continental Europe, to write a brilliant intellectual treatise. However, this is not an expectation of the parties. While some parties just wish to always win, in particular when they know they are wrong, the innocent party, the honest man or woman, expects that the arbitrator will decide the dispute with diligence and humanity.