Originally from Alternatives to the High Cost of Litigation

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Users expect the arbitration process to be both fair and efficient in terms of time and costs.

In that regard, as put by one of my learned Swiss colleagues, Dr. Berger, from the parties’ perspective:

• You know the arguments and motions put forward in the proceedings, which is the input;
• You can see the result in the form of the dispositive section of the award, which is the output; and
• You can try to understand the reasons given for the decision in the award, which will be the transfer element.

“All the rest that may have happened in the deliberations remains undisclosed and undiscovered[. …]” Bernhard Berger, “The Legal Framework: Rights and Obligations of the Arbitrators in the Deliberations,” in Bernhard Berger and Michael E. Schneider (eds.), Inside the Black Box; How Arbitral Tribunals Operate and Reach their Decisions, ASA Special Series No. 42, 7 (2014) (available at https://bit.ly/2VYZwgt).