Soft Law in the Organization and General Conduct of Commercial Arbitration Proceedings

Abstract

This commentary examines the growing use of Soft Law - non-binding guidelines that increasingly play an important role in organizing and conducting commercial arbitration proceedings. Standards such as the UNCITRAL Notes on Organizing Arbitral Proceedings, the ICC Techniques for Controlling Time and Costs in Arbitration, and the Protocols for Expeditious, Cost-Effective Commercial Arbitration have evolved from international discourse regarding process management and more particular concerns about cost, delay and inefficiency in arbitration. Collectively, these guidelines reflect a growing recognition that deliberate and proactive effort by business users, counsel, arbitrators and provider institutions is critical to making the most of arbitration and counteracting recent trends. They influence the activities of business clients and counsel, arbitrators and arbitral institutions.

Keywords: International arbitration, commercial arbitration, soft law, corporations, dispute resolution, efficiency, protocols, ICC, UNCITRAL, conflict management, arbitration tribunal, arbitration hearings, arbitration awards, motion practice, arbitral proceeding, arbitration, softlaw