Published 15 November 2017
The call for more efficient proceedings has been on the agenda in international commercial arbitration for quite a while. However, in investment arbitration the topic has so far received less attention. This paper attempts to delineate criteria for the concept of efficiency and how these might have to be balanced with the typical characteristics of investment arbitration, which add an additional dimension to the issue. It then goes on to analyze the effectiveness of recent efficiency improvements to arbitration rules frequently used in or solely drafted for investment arbitrations, such as the ICSID Arbitration Rules, the UNCITRAL Arbitration and Transparency Rules, the SCC Arbitration Rules and the SIAC Investment Arbitration Rules. As some changes appear more efficient than others, the paper concludes with an examination of how parties and arbitrators could assist in achieving reasonable efficiency gains in investment arbitration.
This paper will be part of the TDM Special Issue on "Time and Cost Issues in International Arbitration". More information here: https://www.transnational-dispute-management.com/news.asp?key=1622