Hong Kong, October 15, 2017
Arbitral Institutions: Guarding Due Process, Ensuring Efficiency
The primary objective of the arbitral institution is to safeguard due process while ensuring efficiency. Sometimes these two objectives are in tension, particularly where the proceedings are strained by non-participating parties or obstructive or irresponsible conduct on the part of counsel, parties and/or arbitrators. How do institutions best ensure that their efforts towards efficiency do not jeopardise the parties’ fundamental procedural rights?