In recent years, there has been much criticism of the
cost and extended timetables of international commercial
arbitration.
International arbitral institutions have responded in a variety
of ways. Common amongst these are expedited arbitration rules,
increased scrutiny of awards and accountability of arbitrators and
tribunals and, increasingly, imposts on arbitrators who do not
publish awards within specified time periods.
The domestic courts of many jurisdictions have also made a
contribution – with decisive judgments in aid of arbitration,
including enforcement both of arbitration agreements and of foreign
arbitral awards.
Whilst these developments have been welcomed by the arbitration
community, the publication of the updated ICC Note to Parties
and Arbitral Tribunals on the Conduct of the Arbitration under the
ICC Rules of Arbitration (ICC Notes) on 1
January 2019 invites further reflection.
