Evolving International Commercial Arbitration

Fragmentation and Judicialization of International Commercial Arbitration: Expedited Arbitration: Expedited Arbitration and the “Arbitral Trial”


International commercial arbitration (“ICA”) is the preferred method of dispute resolution for commercial entities.3 The main advantages are perceived to be enforceability, avoidance of specific legal systems and national courts, flexibility, and the ability of parties to select their arbitrators.4 Notwithstanding these advantages, a twenty-first century ICA is tainted with a few shortcomings. The procedure is perceived to be too costly and lacking the expected speed.

The two mentioned disadvantages have supposedly been a result of ICA becoming “judicialized” (or “Americanized”6). Some may even claim that ICA has become merely a “new litigation venue”. 7 Put differently, the procedure has supposedly turned out to be much more.

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