Impact of arbitrators’ background on efficiency in international commercial arbitration

Procedural efficiency of arbitral proceedings in international arbitration has been criticised of increasing cost and reduced speed, as reflected in recent surveys among users of international arbitration. This study shows that increased appointments of non-lawyer arbitrators with expertise in the subject matter of the dispute is likely to increase the efficiency in international commercial arbitration, especially in terms of disputes that involve complex issues of non-legal nature. With the required expertise within the tribunal, the need for detail explanations of the complex issues, the extent of documentary evidence, and the need for experts’ support will be reduced. That will lead to reduced cost and increased speed and hence increased efficiency. With an appointment of an experienced lawyer arbitrator as presiding arbitrator, the potential risk of non-enforceability or lack of juridical thinking by non-lawyer co-arbitrator(s) does not overshadow the potential benefit of their appointment as co-arbitrators on the arbitral efficiency and possible quality improvements of the awards. Project management expertise of arbitrators is also likely be beneficial for case management and improved arbitrator efficiency of the arbitral proceedings. These conclusions were drawn after detailed analysis of the impact of appointing non-lawyer arbitrators on the fundamental principles of international arbitration, and the potential improvements of the efficiency of international commercial arbitration by having the relevant expertise within the tribunal instead of relying on party and tribunal appointed expert opinions. Results of recent survey among uses of international arbitrations were also analysed. The thesis outlines in addition, the legal framework behind international arbitration, the arbitration process, the arbitrators’ obligations and rights and the conditions and requirement for cross border enforceability and gives therefore potential arbitrator candidates with non-legal background a practical overview of international arbitration.

Author dc:creator

• Þröstur Guðmundsson 1965-

Contributors dc:contributor

• Háskólinn í Reykjavík

• Lögfræði
• Meistaraprófsritgerðir
• Gerðardómar
• Alþjóðaviðskipti
• Law
• Arbitration and award
• International business

Language dc:language.iso

en

Handle dc:identifier.uri

http://hdl.handle.net/1946/32181

OAI identifier oai:identifier

oai:skemman.is:1946/32181