Judging the Effectiveness of Arbitration through the Assessment of Compliance with and Enforcement of International Arbitration Awards

摘要

This article began by outlining growing concerns over legitimacy and certainty of outcome in respect of the 'system' of international commercial arbitration. Another cause of current concern is the growing complexity and diversity of disputes and parties. Arbitration experts, practitioners and institutions are currently wrestling with the issues arising. Given sufficient informational input, the practice-driven system of international commercial arbitration is flexible and adaptable enough to cope with change, without the need for major structural reform. Yet practice-driven change is generally slow. And it is acknowledged that if large numbers of parties are adversely affected before positive change can be wrought, these concerns might ferment a general crisis of confidence in the system itself. Communicating solutions and managing user expectations will be important in avoiding or ameliorating such a crisis. Many laudable efforts to find and communicate solutions are under way.