Excessive Judicialization-- an Obstacle to Efficiency in Arbitration - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s):

Cristina Ioana Florescu

Page Count:

28 pages

Published:

March, 2015

PDF656.78 KB

$40.00

Description:

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Abstract | As in global trade and investments,
international arbitration has increasingly become the

main method of solving international disputes. This

paper focuses on finding some solutions to achieving

efficiency in arbitration, including the downsizing of

rigidity and reducing the trend toward judicialization

of arbitration and getting it back to its founding

principles.

A number of proposals and sanctions are identified to

allow a faster and more cost-effective procedures and

to save efficiency in arbitration. Besides the users and

their counsels, the arbitrators and arbitral institutions

are actually involved, play a role and are called to

contribute to positively, constructively, flexibly solve

this issue. By avoiding common mistakes and open

discussion among all the participants in the

arbitration process, cost and time efficiency can be

achieved.

Many new developments, ideas and trends are set to

appear in the near future as the issue of efficiency is

more broadly debated, analyzed by doctrine, tested by

the practitioners and commented on at conferences.