Volume 30 (2013) / Issue 2
In recent years, marked and novel changes have been made to the procedural rules and practice of tribunals conducting arbitrations to resolve commercial disputes. This article explores the most important trends, and provides practical advice upon how recent developments can offer effective solutions when conducting an arbitration. Five key changes are explored: first, the globalization of the rules to conduct arbitrations; second, the evolution towards court support of the conduct of arbitrations; in a similar vein, third, the introduction of rules allowing courts to award extra-territorial relief in support of foreign arbitrations; fourth, the introduction of measures to curb the increasing costs of arbitrations; finally, the unfortunate increase in the abuse of the rules to conduct arbitrations to manipulate the arbitral process. It is hoped that the material discussed, and the guidance given, will assist practitioners and commercial parties conduct arbitrations cost-effectively and efficiently, with an awareness of the importance of ensuring justice between the parties.
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