Chapter 46 - The Continuous Search For Improvements - International Arbitration Law And Practice, Third Edition

Author(s):

Mauro Rubino-Sammartano

Page Count:

32 pages

Media Description:

1 PDF Download

Published:

January, 2014

Practice Areas:

Authority of the Arbitral Tribunal,

Arbitrators and Arbitral Tribunals,

Practice & Procedure

Tags:

De Novo Review

Author Detail:

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

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Description:

Originally from International Arbitration Law and Practice, Third Edition

LESSONS FROM THE PAST AND THE PRESENT

46.1. Lessons from the Past and the Present

Those who share Leibniz’s1 view that

“we live in the best world possible,”

will believe that we have the best possible arbitral system.

The grounds for recourse to international arbitration have been analysed2 as follows:

“By and large, parties to international transactions choose to arbitrate eventual disputes not because arbitration is simpler than litigation, not because it is cheaper, not because it is ‘final and binding’ and therefore substantially unreviewable, and not because arbitrators may have greater relevant expertise than national judges, although any one of these factors may be of interest; they arbitrate simply because neither will suffer its rights and obligations to be determined by the courts of the other party’s state of nationality.”

In Dallah3 the English Court of Appeal affirmed:

“One of the attractions of international arbitration is that it gives the parties the power to insulate the proceedings from the local jurisdiction.”

Table of Contents:

CHAPTER 46: THE CONTINUAL SEARCH FOR IMPROVEMENTS
Lessons from the Past and the Present
46.1 Lessons from the Past and the Present
No Luxury Clinic
46.2 No Luxury Clinic
Excessive Formalism
46.3 Excessive Formalism
Which Justice Does an Honest Man Expect?
46.4 Which Justice Does an Honest Man Expect from the Arbitrator?
The Mission of the Arbitrator
46.5 The Mission of the Arbitrator
Reduction of Challenges
46.6 Reduction of Challenges
A Sole Arbitrator and Not a Panel
46.7 A Sole Arbitrator and Not a Panel
A Much Shorter Duration
46.8 A Much Shorter Duration of the Proceedings
Full De Novo Review by an Appellate Arbitration Panel
46.9 Full De Novo Review by an Appellate Arbitration Panel
One Supra-National Court of Arbitration
46.10 One Supra-National Court of Arbitration and an Immediately Enforceable Appellate Transnational Award
Basic Choices in the Arbitration Agreement
46.11 Basic Choices in the Arbitration Agreement
Third Generation Arbitration
46.12 Third Generation Arbitration
Arbitration to be Different and Better than Court Proceedings
46.13 Arbitration to Be Different and Better than Court Proceedings
Continuous Search for Improvements
46.14 Continuous Search for Improvements