Reconciling due process and efficiency in international arbitration: The arbitrators task of achieving the one without sacrificing the other

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.