Originally from Alternatives to the High Cost of Litigation

PAGE PREVIEW

International arbitration has been facing well-publicized challenges in recent years, including costly, lengthy, and complex procedures. Practitioners have been addressing scrutiny, and even interference, by state courts or legislative meddling.

International arbitration, like domestic U.S. arbitration, also has been facing “litigationalization.” See Thomas Stipanowich, “Arbitration: The ‘New Litigation’” U. of Ill. Law Review No. 1 (2010) (available at http:// bit.ly/2DMVoIo).

Overall, it’s the formation of a Zeitgeist that is detrimental to international arbitration.

These challenges can be framed as the rise of inefficient arbitration proceedings. While inefficiency might not yet be the rule in international arbitration, it is a specter that overhangs proceedings and might get worse if no further action is taken.