Originally from Inside the Black Box: How Arbitral Tribunals Operate and Reach Their Decisions - ASA Special Series No. 42

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.