2009Arbitration InternationalRequires access

Inside Out: A User's Perspective on Challenges in International Arbitration

J.-C. Najar

Open publisher page 2 citations

Abstract

International arbitration is a preferred form of commercial dispute resolution, but despite its popularity, critics argue that arbitration has evolved into a process as costly and as time-consuming as traditional litigation. Indeed, arbitration’s foundation of efficiency has begun to dissolve. As arbitration spreads to new regions, it becomes even more important to address emerging weaknesses. The author suggests that a concerted effort to improve arbitration from arbitrators, arbitral institutions, private practitioners and in-house counsel would restore arbitration’s strengths of cost efficiency, speed and user-friendliness. This ‘inside out’ approach will not only fix the broken parts of arbitration, but it will enable the arbitral system to succeed in accommodating future growth.

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What this paper is about

International arbitration is a preferred form of commercial dispute resolution, but despite its popularity, critics argue that arbitration has evolved into a process as costly and as time-consuming as traditional litigation. Indeed, arbitration’s foundation of efficiency has begun to dissolve. As arbitration spreads to new regions, it becomes even more important to address emerging weaknesses. The author suggests that a concerted effort to improve arbitration from arbitrators, arbitral institutions, private practitioners and in-house counsel would restore arbitration’s strengths of cost efficiency, speed and user-friendliness. This ‘inside out’ approach will not only fix the broken parts of arbitration, but it will enable the arbitral system to succeed in accommodating future growth.

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OpenAlex reports 2 citations for this work. Citation counts describe recorded attention and do not establish research quality.

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Available abstract

International arbitration is a preferred form of commercial dispute resolution, but despite its popularity, critics argue that arbitration has evolved into a process as costly and as time-consuming as traditional litigation. Indeed, arbitration’s foundation of efficiency has begun to dissolve. As arbitration spreads to new regions, it becomes even more important to address emerging weaknesses. The author suggests that a concerted effort to improve arbitration from arbitrators, arbitral institutions, private practitioners and in-house counsel would restore arbitration’s strengths of cost efficiency, speed and user-friendliness. This ‘inside out’ approach will not only fix the broken parts of arbitration, but it will enable the arbitral system to succeed in accommodating future growth.

Key concepts: Arbitration, Compulsory arbitration, Popularity, Dispute resolution, Perspective (graphical), Foundation (evidence), Business, International arbitration

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