News
September 2007

Guidance on enhancing efficiency in arbitration

A new report from ICC’s Commission on Arbitration suggests ways of improving efficiency in arbitration through time and cost savings. Entitled Techniques for Controlling Time and Costs in Arbitration, the report draws the attention of arbitrators, parties and their counsel to choices open to them at all stages of the proceedings, which are likely to lead to greater efficiency.

The many suggestions made in the report include, for instance, the utility and timing of a case-management conference allowing the arbitral tribunal and the parties to identify the issues raised by the case and the procedural steps necessary to resolve them; the importance of avoiding repetition when presenting arguments; and the need to focus and minimize witness statements. In addition to providing guidance on the arbitration procedure itself, the report also offers useful tips on drafting arbitration agreements and initiating the proceedings.

Techniques for Controlling Time and Costs in Arbitration was produced by a Task Force co-chaired by Yves Derains and Christopher Newmark and comprising members from ICC national committees around the world. They are the result of a wide consultation and offer a broad range of suggestions from which parties and arbitral tribunals may choose those most suited to their case.

The ICC Commission on Arbitration is a specialist forum whose members pool ideas and study practical issues relating to international arbitration, the settlement of international business disputes and the legal and procedural aspects of arbitration. It is composed of more than 450 lawyers and dispute resolution experts named by ICC’s national committees. The Commission and the reports it produces are distinct from the ICC International Court of Arbitration. For more information on the Commission, click here.

Techniques for Controlling Time and Costs in Arbitration is available online from the Commission on Arbitration, click here. The report has also been published as a booklet—ICC Publication 843—which can be ordered free of charge. Click here for more information.