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Like any complex human activity, the practice of international arbitration takes place in a context wider than its rules and its “book learning” can articulate. Its hallmark combination of fairness and efficiency is actually accomplished through a web of deliberation and judgment in which particular circumstances play an ever-present role. This highly distinctive book combines an unparalleled familiarity with the key theoretical and practical books in the field and a keen awareness, from procedural and evidentiary perspectives, of what arbitral tribunals and practitioners actually do ¬– or should do. Central to the book's purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the par

Author
Jeffrey Waincymer
Publisher
Kluwer Law International ; Sold and distributed in North, Central, and South America by Aspen Publishers
Published
2012
Language
EN
ISBN
9789041148056
Subjects
Law

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