Originally from Soft Law in International Arbitration, Second Edition

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The CPR Protocol addresses concerns often expressed by users of arbitration, that there is, particularly in disputes involving parties of different legal cultures, a lack of predictability in the ways in which the arbitration proceedings are conducted and that arbitration is becoming increasingly more complex, costly, and time-consuming. The Protocol addresses these concerns by providing guidance in the form of recommendations as to practices that tribunals may follow in administering proceedings before them, including proceedings conducted under CPR rules or under other ad hoc or institutional rules. The practices recommended deal with ways in which reasonable limitations may be placed on disclosure and efficiencies gained in the presentation of witness testimony in arbitration hearings.

Recognizing that there may be different interests and expectations on the part of arbitration users and their counsel, the Protocol offers various “modes” of disclosure and presentation of witnesses, ranging from minimal to extensive, so that the parties to an agreement to arbitrate may choose, at the time of entering into their agreement or thereafter, the general way in which their arbitration proceedings will be conducted in the important areas of document disclosure and witness presentation. When drafting their agreements to arbitrate, parties should carefully consider the extent to which they anticipate disclosure from the parties and third parties will be relevant and material to resolving potential disputes satisfactorily.

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