Arbitration's Discontents: Of Elephants and Pornography
Document Type
Book Chapter
Publication Date
2001
Editor(s)
I. Fletcher, Loukas A. Mistelis & M. Cremona
ISBN
0–421–741–007
Publisher
Sweet & Maxwell
Language
en-US
Abstract
Arbitrators often complain about frivolous motions and excessive requests for documentary discovery. Scholars worry that arbitration allows business managers to evade statutory norms that further vital public policies. Winning claimants grumble that judicial review of awards impairs neutrality and finality. Losing litigants lament that arbitrators apply the law either too strictly or not strictly enough, with insufficient court supervision. Discontent aims principally at the abuse of otherwise legitimate procedures, whether in arbitration itself or in related court actions.
Arbitrators and judges are increasingly aware of the need to discourage litigants from frustrating the basic aims of business arbitration: dispute resolution that is both relatively efficient and reasonably free from excessive judicial intervention. Although these aspirations do not lend themselves to facile analysis, they can help from a dialogue that promotes reasonable choices about acceptable tactics, with sensitivity to the inevitable cultural predispositions existing in today's international commercial community.
Recommended Citation
William W. Park,
Arbitration's Discontents: Of Elephants and Pornography
,
in
Foundations and Perspectives of International Trade Law
258
(I. Fletcher, Loukas A. Mistelis & M. Cremona ed.,
2001).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2212
Comments
Reprinted in 17 Arbitration International 263 (2001) and 17 International Arbitration Report 20 (Feb. 2002).