#KCABINTERNATIONAL and #KCAB KCAB
I took the following key insights from today's conference, highlighting the core challenges and proposed solutions in international arbitration.
What Does Not Work
· The biggest complaints are confidentiality and lack of public scrutiny, which enable “rogue arbitrators” to issue awards unsupported by fact, contract or law.
· Outcomes depend on luck and the arbitrator. What can be expected from an arbitrator never challenged?
Efficiency Deficit
· In one major corporation, a legal counsel noted that she did not regard arbitration very highly in the beginning. In fact, the notion was 'that arbitration is a lesser evil than probably litigation'.
· Users suffer inefficiencies and unpredictability while facing pressure to justify legal spend.
Counsel-Driven Excess
· Counsel play the due process card far too often.
· "Due process paranoia" prevents tribunals from controlling proceedings.
Ineffective Multi-Tiered Clauses
· Mandatory DABs and mediation clauses are often deleted as wasteful obstacles that cause delays.
How to Make It Work
Proactive Tribunals
· Arbitrators must be on top of the case from the beginning. Being embedded in the file prevents delays in issuing awards.
Technology and Innovation
· Institutions are connecting arbitrators with AI tools and launching e-filing platforms.
· Virtual hearings reduce costs and improve efficiency.
• HKIAC’s “Hub” leads in connecting arbitrators with AI; other institutions remain cautious.
Streamlined Procedures
· Expedited procedures and early determination are most effective.
· Challenge defaults like four rounds of submissions and excessive document production.
Transparency and Oversight
· Users want data on arbitrators' availability and caseloads.
· Institutions must hold arbitrators accountable for delays, including fee penalties for late awards.
“A lesson in listening, learning, and evolving. Until next time.”
Newsletter: https://lnkd.in/gUQTCjSG
Note
Although the N Soul tower and the Raum buildings exist, they stand apart; in reality, they look different. This Al-crafted image reimagines them in a shared, poetic moment, all in one place, with visual elements crafted to resemble their actual forms as closely as possible!
