Arbitration in Autumn

2 J. Int'l Dispute Settlement 3 (2011)

adapted as Maturity in Arbitration, 26 ICSID Review/Foreign Investment Law J. 1 (2011)

Boston Univ. School of Law, Public Law Research Paper No. 17-29

44 Pages Posted: 19 Aug 2017

See all articles by William W. Park

William W. Park

Boston University - School of Law

Date Written: June 1, 2011

Abstract

Often invoked as a metaphor for decline and decay, autumn also carries a sense of robust maturity bringing fruitful harvest and new beginnings. The season’s double symbolism evokes rival visions of arbitration today. Some observers see a golden age of cheap and cheerful proceedings as replaced by a costly complexity that fails arbitration’s promise of coherent and efficient dispute resolution. On closer scrutiny, however, arbitration reveals itself as having arrived at its autumn not in the sense of decay, but rather with vital maturity. Productive exchanges among the various stakeholders in the process serve to refine the counterpoise among accuracy, fairness and efficiency. Although any forecast remains tentative, most signs suggest that arbitration will continue to play a key role in promoting sound economic cooperation.

Keywords: Arbitration, Accuracy, Fairness, Efficiency, Enforceability, Arbitral Jurisdiction, International Arbitration, Autumn

JEL Classification: K33

Suggested Citation

Park, William W., Arbitration in Autumn (June 1, 2011). 2 J. Int'l Dispute Settlement 3 (2011), adapted as Maturity in Arbitration, 26 ICSID Review/Foreign Investment Law J. 1 (2011), Boston Univ. School of Law, Public Law Research Paper No. 17-29, Available at SSRN: https://ssrn.com/abstract=3018726

William W. Park (Contact Author)

Boston University - School of Law ( email )

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