Is Arbitration Still “Friendly” for the Resolution of Disputes? – A Reflection in Light of Efficiency and Due Process Concerns in International Arbitration - Chapter 42 - Pro-Arbitration Revisited: A Tribute to Professor George Bermann from his Students Over the Years
In today’s globalized world, arbitration has become one of the most popular alternative dispute resolution mechanisms. Although the reasons for choosing arbitration are manifold, the time and cost efficiency of arbitration used to play the central role in parties’ considerations. In this respect, the common concerns of the users of international arbitration about the delays and high expenses of arbitration, while having access to fair proceedings in accordance with the requirements of due process provoke an inevitable dilemma for the international arbitration community.
There are no clear-cut international rules as to how and when due process shall be observed in the arbitration proceedings. Due process constitutes one of the most fundamental guarantees of judicial procedure.