Journal of International Arbitration
Volume 41, Issue 4 (2024) pp. 461 – 486

https://doi.org/10.54648/joia2024020

Abstract

Efficiency in international arbitration has long been contentious, as promised benefits often fail to materialize, leading to user dissatisfaction. Despite ongoing debates and procedural innovations, underlying inefficiencies persist. Although existing tools aim to streamline proceedings, they often overlook root causes of inefficiency, including the tendency of parties and counsel to focus on enforceability and prioritize the right to present their case at its fullest, fearing that efficiency compromises quality. This mindset, coupled with uncertainty about arbitrators’ preparedness, leads to bloated submissions and prolonged proceedings. In this article the author, drawing on extensive experience, proposes the Tribunal Visualized Approach (Trivis), which uses detailed visual presentations by arbitrators to improve trust among parties and expedite the settlement of disputes. The Trivis method counters inefficiency by enhancing clarity and transparency through visual aids, fostering the cooperation and confidence in arbitration that is crucial for improving efficiency in international dispute resolution.

Extract

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