Kicking off our series on efficiency in arbitration, our first article, Efficient Arbitration – Part 1: Metrics sets out our idea of an efficient arbitration: Achieving the best possible outcome with the least amount of resources. A balancing act. A range of tools are available to focus the spending of resources. Resources should be invested,…

This is the first in a series of articles by Schoenherr focusing on efficiency in arbitration. In our series, we will explore various tools which serve to improve the efficiency of any given arbitration and so achieve a favourable outcome without wasting resources. But before exploring those tools we need to determine what efficient arbitration…

The numbers are in, and they are encouraging. In the past decade, female arbitrator appointments have more than tripled. Last year alone, arbitral institutions appointed a third more female arbitrators than the year before. Driving this trend is the Equal Representation in Arbitration Pledge (the “Pledge”), a global initiative addressing the gender imbalance in arbitration….

The tug-of-war between transparency and confidentiality was a subject of lively discussions at the 2017 Vienna Arbitration Days. Vienna Arbitration Days is Austria’s leading arbitration conference. Every year, it brings together arbitration practitioners and academics from around the world to discuss ADR developments. The presentations and panel discussions are followed by the “World Café”, which…

Arbitration has long been the favorite of the ADR family. Mediation, however, has established an increasingly relevant position for itself when it comes to resolving (international) commercial disputes quickly, cost-efficiently, and successfully. Efforts to render mediated settlement agreements enforceable persist and will likely further bolster mediation as an independent and, possibly, even superior alternative to…

Discussions of arbitrators’ powers have riveted the international arbitration community. Practitioners increasingly face situations where arbitrators seem cautious and reluctant to rule on procedural issues. While such a careful approach may be advisable where arbitrators prudently avoid overstepping their powers, it may, at times, also frustrate parties and practitioners alike. This phenomenon has fostered endeavours…