Disenchanted? Business Satisfaction with International Arbitration - WAMR 2008 Vol. 2, No. 5

Author(s):

Christopher R. Drahozal

Page Count:

20 pages

Media Description:

PDF from "World Arbitration and Mediation Review (WAMR)"

Published:

December, 2011

Jurisdictions:

International

Practice Areas:

Challenge of Arbitrators,

Agreement to Arbitrate,

Multiple Parties

Author Detail:

Christopher R. Drahozal is an internationally known scholar whose writing focuses on the law and economics of dispute resolution, particularly arbitration. He is the author of multiple books and numerous articles on commercial arbitration, and has taught and given presentations on the subject in Europe, Canada and the United States.

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Description:

Originally from World Arbitration And Mediation Review (WAMR)

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DISENCHANTED?

BUSINESS SATISFACTION WITH
INTERNATIONAL ARBITRATION
I. INTRODUCTION
Are businesses becoming disenchanted with international
arbitration? The perception used to be that, by agreeing to arbitration,
parties "trade[d] the procedures and opportunity for review of the
courtroom for the simplicity, informality, and expedition of
arbitration."1 Now, according to some, arbitration has become the
"new litigation,"2 with commentators complaining of the
"judicialization"3 and "creeping legalism"4 of arbitration. Anecdotal
statements of dissatisfaction with arbitration (international or
otherwise) are common,5 including reports of businesses removing
arbitration clauses from their form contracts6 and even "company-wide
bans on arbitration clauses.