The Issue
Arbitral institutional rules have been developing in a way to
encourage parties to deal with substantive issues on a preliminary
basis. They have been developing their arbitration rules to reflect
the complexities of large scale, document intensive
matters.
Traditionally, when thinking about the advantages of arbitration
compared to litigation, proponents of arbitration refer to the
cost, speed and flexibility that arbitration affords parties
However, in the midst of arbitral proceedings, parties may find
that these benefits are lost as a result of extensive documentary
and witness/expert evidence which, perhaps more often than not, can
characterize commercial disputes.
