Making International Arbitration “Pro-Arbitration”: Eliminating Hindrances and Enhancing Accessibility - Chapter 107 - Pro-Arbitration Revisited: A Tribute to Professor George Bermann from his Students Over the Years
Over the past decades, international arbitration has firmly established itself as one of the usual means for resolving international commercial disputes. This evolution has been facilitated by the implementation of a multitude of “pro-arbitration” processes and practices at the national and international levels. While the significant growth of international arbitration has been enhanced by its practical and socio-economic importance, concerns have been raised about the excessive length and cost of arbitration proceedings. Finding ways of effectively controlling such issues is important to users, institutions, practitioners and other stakeholders.
Recently, the emergence of the COVID-19 pandemic triggered systemic changes in international arbitration. The arbitral practice has been redefined, with entire proceedings taking place remotely, and users adapting to the new reality quicker and more efficiently than expected. These adaptive reactions have transformed international arbitration by making it less burdensome in terms of costs and duration. This essay will explore those processes and practices that enhance access to international arbitration for all users, including parties, counsel, as well as potential arbitrators and experts.