I. Introduction

 

Unlike court litigation, international arbitration takes place in a

multi-dimensional environment. Court litigation, by definition, is

conducted in a pre-established environment. Procedural rules are

known from the outset, the judge is very often not specifically

selected for the dispute at hand, and proceedings develop, more

often that not, in quite a predictable manner. As a result, with limited

input from the parties themselves as to the specifics of the procedure,

court litigation advocacy is very much confined to finding the best

arguments relating to the merits of the dispute and to using in the

most efficient manner the procedural rules available.

 

International arbitration, to the contrary, gives the parties and

their counsels the widest possible range of options. Parties are free

to choose the venue, the arbitrators and the applicable procedural
rules. Along with this liberty comes great responsibility for the