Origins of modern international arbitration

Article Abstract:

Three 18th- and 19th-century treaties between the US and Great Britain provide models for arbitrating international disputes. The Jay Treaty of 1794 settled border and restitution disputes from the Revolutionary War. The Treaty of Ghent of 1814 resolved border disputes from the War of 1812. The Treaty of Washington resolved a dispute over Great Britain's support of the Confederates during the Civil War. The treaties introduced new procedures, such as eliminating national bias by appointing neutral parties as commissioners.

History, Treaties, International mediation, international

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International arbitration: the next growth industry

Article Abstract:

International use of commercial arbitration will grow in the future. Three trends will influence this development. First, procedural justice, which assesses legal systems based on processes rather than outcomes, will help to smooth over cultural differences between parties. Second, procedural justice will help determine how arbitral tribunals should be constituted. Third, arbitration will have to be reconciled with the need for predictable outcomes.

International, Evaluation, Commercial arbitration

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10 techniques for managing arbitration hearings

Article Abstract:

Arbitrators can use 10 techniques to expedite arbitration hearings. The techniques are focusing on main issues, providing a standard for evidence admission, managing the order in which witnesses appear, confronting legal issues as they arise, making interim decisions, judging when to use expert witnesses, bifurcating issues when necessary, imposing time limits, requiring necessary documents and encouraging early settlement by mediation.

Methods, United States, Mediation

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