Summary

Because institutional arbitration rules typically provide for great flexibility in the conduct of an arbitration, counsel often cannot predict in advance how a given arbitration will proceed. This sense of uncertainty is heightened in the international context, where parties, arbitrators, and counsel from different countries may have very different expectations concerning how the arbitration should be conducted. As a result, trial lawyers, who have been trained to seek advantage from the mastery and careful application of specific rules of procedure, often feel that the ...