International Commercial Arbitration: Could Do Better

Richard Fernyhough QC

September 2012

A paper presented to the Society of Construction Law and the Society of Construction Arbitrators at a meeting in London on 10th July 2012

Although lay clients and lawyers may perceive international commercial arbitration as widely used and generally a very popular and effective means of dispute resolution, many are of the view that it takes too long and costs too much. Richard Fernyhough explains that the purpose of his paper is to consider way and means by which the blemishes on the good reputation of international arbitration can be addressed by practical measures, which are open to arbitrators, parties and their legal advisers, adding that he hopes that this will contribute to the on-going debate on how to make arbitration an even more attractive mode of dispute resolution to the parties.

Introduction - Institutional solutions to the problem - The road to expeditious proceedings - The New ICC Rules on cost effectiveness and efficiency of arbitration - Pre-hearing conferences - Practical solutions to the problem - Causes of delay and suggested remedies - The clients' and their lawyers' wishes - Service of the statement of case - Unavailability of the tribunal - Number of witnesses and experts - The hearing bundles - Exhibits to pleadings and witness statements - The hearing - Time to produce the award - Conclusion.

The author: Richard Fernyhough QC is a barrister and international commercial arbitrator practising at Keating Chambers, London.

Text 11 pages.