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The Culture of International Arbitration$
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Won L. Kidane

Print publication date: 2017

Print ISBN-13: 9780199973927

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780199973927.001.0001

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The Evolving Justifications of International Arbitration

The Evolving Justifications of International Arbitration

(p.91) 5 The Evolving Justifications of International Arbitration
The Culture of International Arbitration

Won L. Kidane

Oxford University Press

International arbitration has many justifications. Some are doctrinal and jurisdictional; others are merely promotional. Some of the most frequently cited justifications include flexibility, confidentiality, expertise, and enforceability. This chapter analyzes each justification through a cultural prism. It challenges the assumptions that international arbitration in fact delivers on its promise to provide greater speed, lower cost, greater flexibility, increased confidentiality, greater expertise, and more enforceability. For example, it examines whether a system in which the arbitrators demand a high fee, and are subject to many demands on their time, which causes difficulty in scheduling particular matters, can call itself superior to litigation in terms of cost or speed.

Keywords:   international arbitration justifications, jurisdictional justifications, promotional justifications, confidentiality, flexibility, expertise, enforceability

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