Bernard Hanotiau

Players’ Interaction In International Arbitration Bernard Hanotiau

ICC Dossiers Volume 9

Arbitration is a consensual justice. The actors of international trade expect it, among other advantages, to allow adapting the procedure to the characteristics of each case taking into account the parties' mutual expectations and their cultural origins.

Based on consent, a successful arbitration supposes a harmonious cooperation between parties, arbitrators, and other actors of the proceedings, including arbitral institutions. Numerous factors however can negatively affect the arbitration procedure. Excessive aggressiveness of the parties and their counsel, an increase in the number of incidents, importation into arbitration of adversarial techniques peculiar to state litigation, documents inflation, lack of availability of the arbitrator.

This publication does not aim to draw up an assessment of arbitration's drifts, but aims at thinking in a prospective way about the means to ensure that arbitration remains a real alternative to state justice, efficient, harmonious and at the same time respectful of the parties' rights. It will evoke the duties different actors of arbitration have towards others, the means one should implement to ensure a smooth functioning of the arbitral tribunal, and the challenges arbitral institutions have to cope with.

The contributions in this Dossier IX, Players' Interaction in International Arbitration, tackle these issues from the points of view of arbitrators, counsel, corporate lawyers and arbitral institutions, bringing to bear the knowledge and experience of some of today's leading experts in the field of arbitration.

The contributors to this Dossier include: Doak Bishop Karl-Heinz Böckstiegel Teresa Y. W. Cheng Jean-André Diaz Hamid Gharavi Judith Gill Horacio Grigera Naón Karl Hennessee Peter Leaver Laurent Lévy Justin Li Julian D. M. Lew Annette Magnusson Constantine Partasides Eduardo Silva Romero Margrete Stevens Pierre Tercier V. V. Veeder The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute's 'Dossiers' is a series that has gained international prestige. These Dossiers are the outcome of the Institute's annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration.

An ICC Services publication, distributed by Kluwer Law International.