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Rievman, Paper presented at a conference sponsored by the Centre for International LegalStudies, February 2005; see also Baker, ‘At what price perfect justice?’, Presented as part of acoursebook for the 2009 Annual Meeting of the International Institute for Conflict Prevention andResolution, New York, 15–16 January 2009.See, e.g., Redfern, ‘Stemming the tide of judicialisation in international arbitration’ (2008) 2World Arb & Med Rev 21, at 24: ‘It would be comforting, at least for non US lawyers, if it could be111112113114115116117118119120
From: Investment Claims (). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber: RumanaIslam; date: 18 February 2017assumed that the blight of increasing expense and delay in international arbitration is unique to theUnited States. It would be wrong, however, to make this assumption.’The late René David, a distinguished French arbitrator and author, wrote that, historically:The arbitrator was chosenintuitu personae, because the parties trusted him or wereprepared to submit to his authority; he was a squire, a relative, a mutual friend or a man ofwisdom, of whom it was expected that he would be able to devise a satisfactory solution fora dispute. The Italian Code of Procedure of 1865 significantly treated arbitration in apreliminary chapter ‘On Conciliation and Arbitration’.See David,Arbitration in International Trade(Economica, 1985), p. 29.Under modern laws of arbitration and modern rules of arbitration, an arbitrator may decideexaequo et bonoonly if the parties expressly authorise this: see paragraph 1.140.For instance, under New York Convention, Art. V, or Model Law, Art. 36.See, e.g., Rivkin, ‘Towards a new paradigm in international arbitration: The town elder modelrevisited’ (2008) 24 Arb Intl 3, at 378.See Chapter 4, paragraphs 4.192ff.See Chapter 4, paragraph 4.211.There are many reasons for this, including (a) the huge sums of money that are often at stake,(b) the increasing professionalism of lawyers, accountants, and others engaged in the arbitralprocess, with a determination to leave no stone unturned (which can—and does—lead toexcessively lengthy and repetitive submissions), and (c) the increasing ‘judicialisation’ ofinternational arbitration, which has been discussed earlier. For a helpful discussion of how suchlegal fees and expenses may be allocated between the parties by arbitral tribunals, see Williamsand Walton, ‘Seminar in print: Costs in international arbitration’ (2014) 80 Arbitration 432.One of the objectives of this volume is to show how this can be achieved by means of skilledand effective case management.For example, under the ICDR Rules, forty-five days may elapse after receipt of the notice ofarbitration before the administrator is requested to appoint the arbitrator(s) and designate thepresiding arbitrator, and this process may take further time, with the need to find suitablecandidates who have no conflict of interest: see ICDR Rules, Art. 6(3).