header-logo header-logo

10 July 2008 / Roger Hopkins
Issue: 7329 / Categories: Features , ADR
printer mail-detail

Cutting out the complications

Will new guidelines improve the international arbitration process? Roger Hopkins investigates

The original purpose of arbitration was to provide a simple, quick and cost-effective method (outside the formality of the court system) for resolving commercial disputes. The attraction of arbitration for international commercial disputes was mainly driven by the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the NY Convention) which has given arbitration awards (unlike court judgments) almost global enforceability.

Unfortunately, as arbitration became the preferred means for international commercial dispute resolution (largely thanks to the NY Convention), so it became increasingly criticised for being excessively slow, complicated and expensive, in direct contrast to its original purpose.

The procedural rules in international arbitration are regulated by the law of the state in which the arbitration takes place (the lex fori) and by any specific provisions in the arbitration agreement, provided the latter do not conflict with the lex fori. With the rise in popularity of international arbitration, users sensibly sought countries in which to hold their arbitrations where the laws were user-friendly. England's arbitration laws did not

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll