Having practiced as arbitration counsel and arbitrator for almost 30 years in proceedings around the globe, Brian is keenly attuned to the needs and expectations of arbitrating parties, and the needs of the process itself.
International arbitration often brings together parties from different legal traditions, differing national and cultural backgrounds, or opposite sides of the investor/State divide. The objective is a process tailored to the particular dispute and disputing parties, resulting in an enforceable award.
In addition to a fair process and a well-reasoned decision, the parties are entitled to expect at least four things from the arbitrators they select:
- Diligence. Arbitrators, whether sitting alone or as members of a panel, must be diligent in their preparations. The submissions and the evidentiary record should be studied and digested well in advance of the hearing.
- A properly-managed proceeding. The parties’ interests are best served by a proceeding in which due process is fully respected, and which is also efficiently and properly managed. Procedural directions must be clear, sensible and issued in a timely fashion.
- Cultural sensitivity. National and cultural differences, and differing legal traditions, must be understood and appreciated by the arbitrators. There is no “one size fits all” arbitration process.
- Expedition. Parties are entitled to a reasonably prompt award, consistent with the size and complexity of the dispute and the dictates of due process.