CAS procedures and their efficiency

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Handbook of International Investment Law and Policy, 2020

Managing an investment arbitration requires a specific understanding of the rules applicable to the arbitration and the unique features of an investment arbitration, including the selection of the place of arbitration, issues in relation to document production, and the use of a tribunal secretary. These procedural issues should be considered at the outset of an arbitration during the procedural meeting in order to ensure an efficient running of an arbitration proceeding. This chapter examines in detail the various considerations parties as well as the arbitral tribunal will need to take into account when establishing a roadmap and procedural timetable for the investment arbitral proceeding. By Chiann Bao, Independent Arbitrator, Arbitration Chambers, Honorary Senior Fellow, British Institute of International and Comparative Law. The author would like to thank Carla Martini for her invaluable assistance with the preparation of this article.

Journal of Talent Development and Excellence Vol.12, No.2s, 2020, 699-705, 2020

The competition of jurisdictions for resolving cross-border disputes at the present stage leads to the improving and modernization of the rules of arbitration centers, which is primarily aimed at streamlining the procedure for considering a specific case. Depending on the size of the claims and the complexity of the dispute, opportunities are suggested to simplify the procedure, which entails reducing the time for the consideration the case and reducing the costs of the parties to arbitration. The authors investigate novelties in the field of the regulation of expedited arbitration; analyze the procedural elements, the exclusion of which from the arbitration procedure leads to the optimization of the dispute resolution procedure. It has been revealed that: 1. In the current economic conditions, with the desire for the free circulation of goods and services, competition of arbitration centers leads to improving the procedures and optimization of the rules of arbitration proceedings. The acceleration of dispute resolution through arbitration is facilitated, first of all, by simplification of the procedure compared to standard rules. 2. One of the key elements of the simplification of arbitration should include the consideration of the dispute as part of the sole arbitrator, who, as a rule, is appointed by the arbitration institution itself, which reduces the time required to form the panel of arbitrators and, as a result, reduces the costs of the parties. 3. Consideration of a dispute without an oral hearing, only based on the documents submitted and the parties' written positions, while limiting the number of exchanges of explanations, enables the arbitral institution to reduce costs and establish a lower arbitration fee. 4. The latest trend is the consolidation of the simplified procedure as a general rule for disputes within a certain amount. At the same time, the establishment of one or another restrictive level depends on the policy of a specific positioning carried out by the arbitration institution. 5. Given the flexibility of arbitration procedures, the difficulties in enforcing arbitral awards in foreign jurisdictions where judges will often have to evaluate the compliance with arbitration rules and the parties’ agreements provided for in the New York Convention may become a negative element.

2019

Felix Dasser and Emmanuel O. Igbokwe, 'Chapter III: The Award and the Courts, Efficient Drafting of the Arbitral Award: Traditional Ways Revisited – Lesson Learned from the Past?', in Christian Klausegger , Peter Klein , et al. (eds), Austrian Yearbook on International Arbitration 2019, Austrian Yearbook on International Arbitration, Volume 2019 (© Manz’sche Verlagsund Universitätsbuchhandlung; Manz’sche Verlagsund Universitätsbuchhandlung 2019) pp. 279 315 Chapter III: The Award and the Courts, Efficient Drafting of the Arbitral Award: Traditional Ways Revisited – Lesson Learned from the Past?

The phenomenon of the ‘arbitral award’ is always at the centre of attention with scholars. However, practical needs call the interest mainly to the formal characteristics of the arbitral award – the description of its form, the rendering procedure, the legal construction and the different types of the awards. In my opinion, the essence of the award comes first; it determines the place of the arbitral award in the legal system as well as its contacts with the civil justice sphere. All these issues became a point of departure in research of the phenomenon of the arbitral award as an act of law implementation, of its basic requirements and legal effect. A comprehensive comparison of court judgments and arbitral awards allows not only the discovery of the important correlation between the essential characteristics of the arbitral award and remedies against it, but it also draws the conclusion that the generally accepted legal construction based on the New York Convention and UNCITRAL Model Law provisions is the most effective model of judicial control of arbitral awards. Recognition and enforcement of the arbitral awards as well as the setting aside procedures, should take into account all essential features of the award as an act of law application, otherwise the arbitration and its judicial control techniques run risks of inefficiency.