Procedural Fairness and Efficiency in International Arbitration

15 Pages Posted: 29 May 2015

See all articles by Fabricio Fortese

Fabricio Fortese

Stockholm University - Faculty of Law

Lotta Hemmi

Hannes Snellman

Date Written: May 29, 2015

Abstract

Procedural due process requires all legal proceedings to be fair and that every party involved is given notice of the proceedings, are treated equally, and are given an opportunity to be heard and to deal with the case of its opponent before a decision is made by a lawfully constituted tribunal or decision maker. However, while the mandatory due process requirements are of utmost importance within international arbitration, where are its limits? How far shall the equal treatment and procedural fairness go, and can it happen at the expense of procedural efficiency? The users of international arbitration tend to be concerned on the delays and high expenses of arbitration. A recurrent complaint is the ‘judicialisation’ of arbitration; that the procedure is becoming as equally formal dispute resolution proceeding as litigation. Simultaneously, the international arbitration field has been promoting arbitral cost and time efficiency, by incorporating relevant provisions to national arbitration laws, institutional arbitration rules and to other soft law elements. This contribution addresses the balance between the requirements of due process and efficiency within international arbitration.

Keywords: Due Process; Arbitration; Efficiency

JEL Classification: K33, K39

Suggested Citation

Fortese, Fabricio and Hemmi, Lotta, Procedural Fairness and Efficiency in International Arbitration (May 29, 2015). Groningen Journal of International Law, Vol. 3, No. 1, 2015, Available at SSRN: https://ssrn.com/abstract=2611337

Fabricio Fortese (Contact Author)

Stockholm University - Faculty of Law ( email )

S-106 91 Stockholm
SWEDEN

Lotta Hemmi

Hannes Snellman ( email )

Helsinki
Finland

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
389
Abstract Views
1,350
rank
82,544
PlumX Metrics