This article is based on the 1" Winnie Whittaker Memorial Lecture presented to the Chartered Institute of Arbitrators (East Asia Branch) at the Hong Kong Club by Peter Scott Caldwell on Tuesday, 18 April 2006. The author questions the effectiveness of the current practice of arbitration under the adversarial system, suggests improvements to essential procedures under this system, including those relating to the mode of written case presentation, discovery, evidence and hearings, and proposes the wider use of two-tier arbitration.
Asian Dispute Review