Recalibrating arbitration’s efficiency debate with Luhmann – forget tech, embrace law, and motivate! - b-Arbitra | Belgian Review of Arbitration View Recalibrating arbitration’s efficiency debate with Luhmann – forget tech, embrace law, and motivate! by - b-Arbitra | Belgian Review of Arbitration Recalibrating arbitration’s efficiency debate with Luhmann – forget tech, embrace law, and motivate! 2021 1

Disputes are complex, and they have a tendency to escalate. Efficient dispute resolution is therefore all about handling complexity skilfully, and about preventing escalation. Procedural and substantive rules serve this purpose. But equally significant are the conditions outside the proceedings. For instance, organisation and professionalisation of the participants help. Yet these are difficult to obtain in arbitration. Crucial is therefore the appropriate motivation of the participants to act efficiently.

b-Arbitra | Belgian Review of Arbitration