What do parties really want from international commercial arbitration?

A survey of the perceptions and expectations of both attorneys and their clients in private commercial international arbitrations was undertaken. The aim of the survey was to seek out an empirical understanding of the component parts of the parties' perceptions of the arbitration process and th...

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Bibliographic Details
Published in:Dispute resolution journal 2002-11, Vol.57 (4), p.78
Main Authors: Naimark, Richard W, Keer, Stephanie E
Format: Magazinearticle
Language:English
Subjects:
Arbitration
Attitudes
Attorneys
International law
Polls & surveys
Procedural justice
Ratings & rankings
Statistical data
Online Access:Get full text
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Summary:A survey of the perceptions and expectations of both attorneys and their clients in private commercial international arbitrations was undertaken. The aim of the survey was to seek out an empirical understanding of the component parts of the parties' perceptions of the arbitration process and their role in it. This article reports on one particularly important question of the survey. Participants were asked to rank various factors for their importance in their current dispute. There were some surprises, such as the low ranking of the importance of privacy of the process. Even more noteworthy was the overwhelming relative importance of the fairness and justice of the process when compared to factors such as receipt of a monetary award, speed, cost, arbitrator expertise and finality.
ISSN:1074-8105
2573-606X