At the request of ASA, as I am unable to attend the ASA-Conference in Zurich on 1 February 2013, Inside the Black Box: How Arbitral Tribunals Operate and Reach their Decisions, it is with pleasure that I submit a few notes and samples on the topic of the meeting.
1. Extract from Address “Party Autonomy and Case Management — 40 Years of Arbitral Experience” at the DIS Conference “Organising Arbitral Proceedings — Regulations, Options and Recommendations” in Berlin 24/25 October 2012:
Deliberations and Decisions by the Tribunal
Finally, the planning and conduct of the deliberations by the tribunal after the hearing till the issuance of an award should also be part of case management.
As we know, it is often claimed that today arbitrations take too long. I agree, but must add from my own experience, that the length is mostly due to the fact that, as mentioned earlier, parties and their counsel request and indeed often need long periods to elaborate and submit their submissions and evidence.