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Established Practices in Arbitral Proceedings


Established Practices in Arbitral Proceedings

Jure Zrilič

In 2012, the School of International Arbitration, Queen Mary, University of London, undertook empirical research focusing on current and preferred practices in the arbitral process. Using the findings of the survey, this article seeks to outline some of the practices which have become established and preferred in the conduct of arbitral proceedings. It consists of three thematic sections: selection of arbitrators, production of evidence, and pleadings and hearings. Among others, the article shows that despite the loud criticism of the unilateral party appointments of co-arbitrators in a three-member tribunal, there is still a strong preference for this method in the arbitration community. The article reveals that differing views of lawyers of common and civil law background are most accentuated with respect to production of evidence. This notwithstanding, some evidentiary practices have become embraced as generally acceptable in international arbitration (e.g. cross-examination). The article also suggests that arbitrators should try to manage proceedings efficiently by imposing time limits during hearings and by taking into account improper conduct of the parties when allocating costs.

Letnik II, Številka 2

Slovenska arbitražna praksa

Vloga arbitra v arbitražnih postopkih
Letnik II, Številka 2 (junij 2013)