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S2 | MONDAY, AUGUST 7, 2017 | Alternative Dispute Resolution
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Expedited Arbitration:
When Is Faster Better?
BY JAVIER RUBINSTEIN, LUCILA HEMMINGSEN AND SETH MEYER
For all of its advantages as a means of dispute resolution, international com- mercial arbitration has a few drawbacks. It may, in some instances, be slow, depending on the complexity of the case, and may also be costly, although it is still typically faster and less expensive than litigation in the courts. While the pluses of arbitration often outweigh the negatives, these drawbacks have become increasingly concerning to parties, and a big source of criticism of international commer- cial arbitration.
Arbitral institutions have taken note of these criticisms, and responded to the need to control the increasing costs and time of arbitration proceedings by creating expedited arbitration procedures to give parties the option of a faster route towards the resolu- tion of their disputes, and at a lower cost.1
These faster and lower-cost procedures have been greeted enthusiastically by users world-wide, and an increasing number of arbi- tral institutions have followed suit, amending or issuing new sets of expedited arbitration rules. However, is expedited arbitration the best means of resolution for every dispute? Is faster always better? When is expedited arbitration really the fastest and most effec- tive way of dispute resolution? The answer to these questions will invariably depend on the specific case at hand. However, we can derive certain guidelines to identify which types of disputes provide the perfect fit for expedited procedures.
What Is Expedited Arbitration?
Before diving into when to use expedited procedures, let’s first determine what an expedited arbitration looks like. Registration and administration fees are lower than those conducted under standard arbitration rules. Additionally, unless otherwise agreed, the tri- bunal typically consists of a sole arbitrator,
JAVIER RUBINSTEIN is a partner in the international arbitration & dispute resolution practice of Kirkland & Ellis. LUCILA HEMMINGSEN is a partner in the firm’s international arbitration practice. SETH MEYER is a litigation associate at the firm.
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