Effective Measures Of Preventing Due Process Paranoia In International Arbitration

Аннотация

In the contemporary world, people increasingly prefer alternative dispute resolution options to litigation in order to get more flexible process with quicker and cheaper results. One of the most recognizable forms of alternative dispute resolution is arbitration. The main benefits of arbitration are its neutrality of place, finality of process, flexibility, confidentiality, party autonomy, cost and time effectiveness, and finally its universally recognised process. However, lately arbitration has been criticizing for repeatedly extensions of deadlines by tribunals, recognitions of late evidences, acceptance of multiple amendments to a party’s written submissions and reschedule hearings by agreeing to last minute requests. This phenomenon is also known as due process paranoia. This article will emphasize the main reasons for due process from both respondents and arbitrators’ point of view. Moreover, the methods of improving the efficiency of arbitral proceedings and reducing cost and delay will be critically reviewed. KEYWORDS Alternative dispute resolution, arbitration, arbitral tribunal, Med-Arb, Arb-Med, due process, due process paranoia, sanction, monetary sanction, execution, enforcement, enforcement risks