Counsel's Perspective on the Model of Decentralized Administration - Ten Years of Swiss Rules of International Arbitration - ASA Special Series No. 44

Author(s):

Daniele Favalli

Page Count:

4 pages

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Published:

October, 2014

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1. INTRODUCTION

Thank you for being here at this late hour. We were asked by

Markus Wirth to do our presentation in an “Article 42 Swiss Rulesstyle”,

in other words, quickly and I will try to do my best.

When I was presented with these questions, I thought about what

my friends say about lawyers giving presentations and answering

questions. Usually, they tell me that only lawyers can talk a lot

without answering a question or turn things upside down. I will try to

do the opposite and answer the questions specifically. The answers

should serve as food for thought for the panel discussion. Hopefully, I

will answer some questions myself, but some may have to be

answered by the audience.

The following question was posed by this panel’s moderator:

“Is the model of an ‘institution light’ with a decentralized

administration of arbitral proceedings a suitable one, e.g., as regards

accessibility, securing procedural efficiency, and cost control?” In

essence, the question is to be divided into three parts: one is

accessibility of the institution from a counsel’s perspective; the second

one should address securing procedural efficiency and cost control;

and, this is to be balanced against the term of the ‘institution light’, a

decentralized institution and what can be said about it.

2. ACCESSIBILITY

If we look at whether a light and decentralised institution has a

positive impact on accessibility, i.e., whether it is relatively easy for

parties to approach the institution, perhaps the first thought that

comes to mind is: yes, it does. The various administrative offices are

local and therefore speak the local language (French, German or

Italian) in addition to English, and are in proximity to counsel, which

may be a psychological effect only. However, do proceedings perhaps

depend as well on where they take place? Is there a risk or perhaps a