Arbitration is a consensual justice. The actors of international trade expect it, among other advantages, to allow adapting the procedure to the characteristics of each case taking into account the parties' mutual expectations and their cultural origins.
Based on consent, a successful arbitration supposes a harmonious cooperation between parties, arbitrators, and other actors of the proceedings, including arbitral institutions. Numerous factors however can negatively affect the arbitration procedure. Excessive aggressiveness of the parties and their counsel, an increase in the number of incidents, importation into arbitration of adversarial techniques peculiar to state litigation, documents inflation, lack of availability of the arbitrators...
This publication does not aim to draw up an assessment of arbitration's drifts, but aims at thinking in a prospective way about the means to ensure that arbitration remains a real alternative to state justice, efficient, harmonious and at the saure time respectful of the parties' rights. It will evoke the duties different actors of arbitration have towards others, the means one should implement to ensure a smooth functioning of the arbitral tribunal, and the challenges arbitral institutions have to cope with.
The contributions in this Dossier IX, Players' interaction in international arbitration, tackle these issues from the points of view of arbitrators, counsel, corporate lawyers and arbitral institutions, bringing to bear the knowledge and experience of sonie of today's leading experts in the field of arbitration.
This Dossier IX, Players' interaction in international arbitration, is published under the auspices of the ICC Institute of World Business Law, chaired by Yves Derains. With this publication, the ICC Institute of World Business Law fulfils its dual mission: training and acting as a think-tank for the International Chamber of Commerce particularly in the field of arbitration.
The International Chamber of Commerce, the World Business Organization, based in Paris, is the global leader in the development of standards, rules and reference guides for international trade.
The contributors to this Dossier include: Doak Bishop, Karl-Heinz Bbckstiegel, Teresa Y.W. Cheng, Jean-André Diaz, Hamid Gharavi, Judith Gill, Horacio Grigera Naôn, Karl Hennessee, Peter Leaver, Laurent Lévy, Justin Li, Julian D.M. Lew, Annette Magnusson, Constantine Partasides, Eduardo Silva Romero, Margrete Stevens, Pierre Tercier, V.V. Veeder.