Trends and Challenges in International Arbitration: Two Surveys of In-House Counsel of Major Corporations
World Arbitration and Mediation Review, Vol. 2, No. 5, pp. 83-110, 2008
Queen Mary School of Law Legal Studies Research Paper No. 61/2010
31 Pages Posted: 7 Aug 2010
Date Written: 2008
Abstract
International commercial disputes are often resolved effectively by arbitration. While many publications and other print and electronic resources address the law and practice of international arbitration, many questions remain unanswered: How much do we know about arbitration practice and, more importantly, what do users of arbitration think about the process? Why do users select it, and what expectations do they have?
The School of International Arbitration at Queen Mary, University of London, with funding from PricewaterhouseCoopers, has conducted two empirical surveys on the attitudes of corporations towards international arbitration, in 2006 and 2008. The motivation for these SIA/PwC Surveys lies first in the fact that still little empirical data is available in international arbitration. Second, the Surveys focus on corporations rather than their outside lawyers, since corporations are the ultimate users of this process. Third, the Surveys were designed for revealing not only the advantages of international arbitration, but also what fails to work and what can be improved.
This paper briefly present the findings of the two SIA/PwC Surveys, which generally confirm international arbitration’s status as an effective (but imperfect) dispute resolution process; even though the process largely works well, it can be improved. This will be dealt with in the second and third parts of the article, with focus on the significance and impact of the Surveys on the arbitration community and the arbitration proceedings, laws and regulations.
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