Published Article

Transparency in Arbitration

April 11, 2018

PRACTICAL LAW Winter 2018

Excerpt:

SCOPE OF THIS NOTE

Businesses facing international disputes have an increasing range of options to resolve them beyond national courts in the US and the UK: mediation, arbitration, and courts functioning in English in the Netherlands, Germany, Belgium, France, Dubai, and Singapore (see Report of the Legal High Committee for Financial Markets of Paris (HCJP), dated May 3, 2017, § 7). International arbitration remains a key means of resolving international disputes but it has reached the end of an era in which users and potential users perceived international arbitrators as a club limited to a small group deciding cases in ways known only to the other members of the club. To retain its legitimacy and pre-eminence, arbitration has begun to offer enhanced transparency about arbitrator selection and the arbitration process.

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