Originally from the Leading Arbitrators' Guide to International Arbitration - Fourth Edition

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In this chapter we will analyze how, in practice, arbitral hearings are prepared, organized, and conducted. It is, however, important to determine in the first place what is the purpose of the hearing(s) as it may differ depending upon the prevalent civil law or common law culture of the parties and counsel to an international commercial arbitration.

I. INTRODUCTION: THE VARIOUS APPROACHES TO CIVIL PROCEDURE

Traditionally, the approach to civil procedure has been different in the civil law and the common law systems.  As Professor Claude Reymond once pointed out,  if lawyers easily admit that the substantive law may differ from one country to another, they have more difficulties accepting that the rules of the game are not identical and that consequently, the procedure to be followed might be different from the one with which that they are familiar. Consequently, arbitral tribunals composed of arbitrators originating from civil law jurisdictions are often inclined to follow the rules of procedure that are applied by civil law courts. Conversely, arbitral tribunals composed of arbitrators originating from common law jurisdictions prefer to follow the rules of procedure applied by common law courts.