Reconciling due process and efficiency in international arbitration: The arbitrators task of achieving the one without sacrificing the other
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Reconciling efficiency and due process has never been an easy task for arbitrators. This task has in recent years even become more challenging as arbitration rules, arbitral institutions and practitioners in the field of international arbitration in general nowadays attach increased significance to conducting arbitrations in a time and cost efficient manner. The tool arbitrators are given to fulfill their task of balancing due process and efficiency is their wide discretion with regard to the conduct of the arbitral proceedings. Arbitrators should not give in to the temptation of granting each and every of the parties requests for additional submissions, additional production of evidence and extensive oral pleadings. Rather, due process should be understood in a more qualitative way. Proactive case management and an early involvement of the arbitral tribunal not only in the procedural but also in the substantive issues of a given case can enable the arbitral tribunal to give the partie...s the maximum opportunity to present their case without at the same time sacrificing efficiency.
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Proactive case management / International Arbitration / Efficiency / Due processИзвор:
Anali Pravnog fakulteta u Beogradu, 2013, 61, 3, 50-62Институција/група
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Pömbacher, Karl AU - Dolgorukow, Alexander PY - 2013 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1586 AB - Reconciling efficiency and due process has never been an easy task for arbitrators. This task has in recent years even become more challenging as arbitration rules, arbitral institutions and practitioners in the field of international arbitration in general nowadays attach increased significance to conducting arbitrations in a time and cost efficient manner. The tool arbitrators are given to fulfill their task of balancing due process and efficiency is their wide discretion with regard to the conduct of the arbitral proceedings. Arbitrators should not give in to the temptation of granting each and every of the parties requests for additional submissions, additional production of evidence and extensive oral pleadings. Rather, due process should be understood in a more qualitative way. Proactive case management and an early involvement of the arbitral tribunal not only in the procedural but also in the substantive issues of a given case can enable the arbitral tribunal to give the parties the maximum opportunity to present their case without at the same time sacrificing efficiency. T2 - Anali Pravnog fakulteta u Beogradu T1 - Reconciling due process and efficiency in international arbitration: The arbitrators task of achieving the one without sacrificing the other EP - 62 IS - 3 SP - 50 VL - 61 UR - conv_3161 ER -
@article{ author = "Pömbacher, Karl and Dolgorukow, Alexander", year = "2013", abstract = "Reconciling efficiency and due process has never been an easy task for arbitrators. This task has in recent years even become more challenging as arbitration rules, arbitral institutions and practitioners in the field of international arbitration in general nowadays attach increased significance to conducting arbitrations in a time and cost efficient manner. The tool arbitrators are given to fulfill their task of balancing due process and efficiency is their wide discretion with regard to the conduct of the arbitral proceedings. Arbitrators should not give in to the temptation of granting each and every of the parties requests for additional submissions, additional production of evidence and extensive oral pleadings. Rather, due process should be understood in a more qualitative way. Proactive case management and an early involvement of the arbitral tribunal not only in the procedural but also in the substantive issues of a given case can enable the arbitral tribunal to give the parties the maximum opportunity to present their case without at the same time sacrificing efficiency.", journal = "Anali Pravnog fakulteta u Beogradu", title = "Reconciling due process and efficiency in international arbitration: The arbitrators task of achieving the one without sacrificing the other", pages = "62-50", number = "3", volume = "61", url = "conv_3161" }
Pömbacher, K.,& Dolgorukow, A.. (2013). Reconciling due process and efficiency in international arbitration: The arbitrators task of achieving the one without sacrificing the other. in Anali Pravnog fakulteta u Beogradu, 61(3), 50-62. conv_3161
Pömbacher K, Dolgorukow A. Reconciling due process and efficiency in international arbitration: The arbitrators task of achieving the one without sacrificing the other. in Anali Pravnog fakulteta u Beogradu. 2013;61(3):50-62. conv_3161 .
Pömbacher, Karl, Dolgorukow, Alexander, "Reconciling due process and efficiency in international arbitration: The arbitrators task of achieving the one without sacrificing the other" in Anali Pravnog fakulteta u Beogradu, 61, no. 3 (2013):50-62, conv_3161 .