THE SPEED OF ARBITRATION: MYTH OR REALITY?
Thursday, September 12, 2019, from 5:30 p.m. to 8:00 p.m.
Gaston Monnerville Room – Maison du Barreau – 2 Rue de Harlay – 75001 Paris

The discussions will be moderated by the group’s chairs, Jacques Pellerin and Henri-Jacques Nougein, as well as Laura Weiller, Vincent Chantebout, and Raphaël Kaminsky.
The speed of arbitration is undeniably one of its main attractions, both in domestic and international contexts. This is all the more true given that, unlike the situation in state courts—where speed may be perceived as something “imposed” on litigants—the speed of arbitration is a choice and can even be tailored by the parties through the establishment of timeframes and procedural rules adapted to the specific dispute at hand. The paradigm of arbitration’s efficiency aligns with a legal framework that prioritizes speed, whether at the stage of initiating proceedings, during the proceedings themselves, or in the enforcement of the award. The codification of the principle of expediency, intended for both the parties and the arbitrators, has not been merely symbolic, since corresponding liabilities may result from it, which serves to reinforce the procedural diligence of those involved in arbitration. However, in recent years, the increasing sophistication of procedures and procedural strategies has led to a more nuanced view of the speed of arbitration: delays in the constitution of the arbitral tribunal due to the prevention of conflicts of interest, time-consuming document production, the hearing of an excessive number of witnesses, the use of experts, a proliferation of procedural motions, delaying tactics, and the abusive use of appeals have all led to lengthier proceedings—to such an extent that legal practice has had to adapt: the emergence of expedited procedures, institutional rules that provide greater incentives for speed…Yet the lack of speed continues to be cited as “one of the worst ills of international arbitration,” according to a widely noted study. Is the speed of arbitration, then, merely a myth, or does it still hold true? How can we optimize the factors that promote speed and, conversely, avoid potential obstacles to it? How should a proactive arbitrator act, and how should counsel proceed to ensure that speedy arbitration becomes a reality once again? These are the questions that will be discussed during this interactive workshop on arbitration practice, which invites practitioners and academics to engage in a free exchange based on a documentary dossier provided to participants.
Participation is free, subject to availability and mandatory prior registration with the French Arbitration Committee.
Registration can be completed at
on our website: www.cfa-arbitrage.com (http://www.cfa-arbitrage.com)
or by email to Ms. Aline Cambon: secretariat@cfa-arbitrage.com (mailto:secretariat@cfa-arbitrage.com)
Please provide, clearly and in full, your last name, first name, title(s), mailing address, phone number, and email address

Registration begins at 5:00 p.m. in the Gaston Monnerville Room. The Refereeing Workshop begins at 5:30 p.m. sharp.
Participation in this seminar counts toward mandatory continuing education requirements (2.5 hours).
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