Juris Conferences´ Ninth Annual Leading Arbitrators´ Symposium

Dispute Resolution / Litigation & Arbitration

Effective and Efficient Management of Proceedings

Panel: Nikolaus Pitkowitz

March 25, 2013 

• Whose arbitration is it anyway: the extent of control the parties can expect to have over the way in which arbitrations are conducted; is it ever appropriate for arbitrators to impose their views regarding extent of discovery and time allowed for cross-examination?

• Disconnects between the approaches parties and their lawyers may assume will be taken to the management of proceedings, whether arising from cultural differences or from idiosyncratic approaches taken by some arbitrators?

• Expectations and realities as to time and cost; best practices for reducing time and costs?

• How do arbitrators encourage parties to comply with the procedural directions? Using costs as a weapon? What else?

• When a witness testifies in his own language but clearly is comfortable in the language of the arbitration - should the tribunal direct the witness to use that language in order to speed up the proceedings and avoid unfaire advantages?

• When the arbitrators are too busy; has the order introduced by the ICC, that arbitrators must indicate availability before accepting an appointment, achieved its purpose of speeding up the arbitrations?

• What about the ICC´s new order that the arbitrators must inform the Parties of the date by which they expect to submit their draft award? Has this reduced the delay in getting awards to the Parties? What other ways exist to achieve that goal?


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Dr. Nikolaus Pitkowitz

M.B.L.-HSG Partner