Chapter 26 - Speed And Efficiency In Arbitration - International Arbitration Law And Practice, Third Edition
Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.
Originally from International Arbitration Law and Practice, Third Edition
26.1. Delays during the Proceedings
Speed is the hope of all innocent parties in litigation. As was held in Hansard1 by the House of Lords (per Lord Ackner):
“Adjudication is a highly satisfactory process. It comes under the number of ‘pay now, argue later’ which is a sensible way of dealing expeditiously and relatively inexpensively with disputes which might hold up completion of important contracts.”
Speed is generally recognized as one of the main reasons why arbitration is chosen over court proceedings.
Yet the duration of many arbitral proceedings is frequently much longer than the claimant anticipates.2
Even if one forgets the very long duration of proceedings, like SEEE v. Jugoslavia3 and some real sagas like Dame Krebs,4 MINE5 and the Pyramids,6 a duration of several years is by no means rare. This might lead one to believe that long duration is inherent to arbitration.
But such a belief must be strongly rejected. Arbitral proceedings of long duration are certainly not an inevitable evil. On the contrary, arbitration can be short and, whenever overlong, it is frequently due to several pathologies that may be avoided, or monitored if the arbitral tribunal pays attention to them.
CHAPTER 26: SPEED AND EFFICIENCY IN ARBITRATION
26.1 Delays During the Proceedings
Speed v. Quality
26.2 Speed and Quality
26.3 Due Speed
26.4 Accelerated Arbitration
26.5 Fast Track Arbitration
26.6 The Miracle: Two Weeks
26.7 A Really Fast Track Arbitration
26.8 Emergency Arbitration
26.9 Arbitration On-Line