Promoting Efficiency In International Arbitration: Changes Made By Arbitral Institutions And Rule-Making Bodies In 2016

Delay is a common complaint of parties in international arbitration. Understandably, many parties would like to resolve their disputes efficiently and without spending an exorbitant amount of time or money. On the other hand, some parties find delay to be in their best interest at certain stages of dispute resolution, which brings truth to the amusing saying "one person's delay is another person's due process."

Distinguishing efficiency and due process is important. As the highly-respected arbitrator Yves Derains recently asserted, due process must trump efficiency. The aim of international arbitration is not simply to determine a dispute as quickly and cheaply as possible. The aim of international arbitration is to arrive at a fair and reasoned decision on a dispute based on a proper evaluation of the facts, relevant agreements, and the law.