The Role of Arbitration Counsel in Ensuring Legitimacy and Efficiency

New York Law Journal (NYLJ)

PUBLISHED ON: May 29, 2019

Download PDF

The increasing use of arbitration has coincided with increasing dissatisfaction as arbitration has become more judicialized: Parties have come to expect similar procedural rights and processes as they would receive in the courtroom. International arbitration has also become “Americanized” by the use of imported guerrilla tactics, which may becoming the new norm. The ef.ciency of arbitration, its legitimacy as a system of resolving disputes, and its original purpose of providing a fair alternative to courts have been called into question.

Too often the question is focused on what parties and their counsel expect from arbitrators, because in many ways it is a service profession. The equally important question is what arbitration as a practice expects and needs from parties and their counsel. Practitioners share responsibility for ensuring that arbitration maintains its efficiency and legitimacy and that it continues to be viewed as offering access to justice.