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Beyond Gadgetry

Beyond Gadgetry Increasing efficiency means arbitrating faster at lower cost but without jeopardizing quality, and quality is really fairness-fairness of the proceedings and fairness of the result. Now, how does one do that? You can do it, for instance, in sports arbitrations, where disputes are resolved in twenty-four hours or less. This, however, is a very specific type of dispute that raises rather simple questions in a very specific setting. You can also do it by way of online dispute resolution, where the proceedings take place entirely online. This works well for small consumer claims. If it is adapted, it may work as well for medium-sized claims. It will not work for larger commercial claims that are complex and fact intensive. These are the claims I would like to address now. I am sorry to say: I have thought hard about this, but I have no miracles, no wonder recipes, no innovative concepts to offer. What we can do, however, is to work on the existing techniques and optimize them, and that is what I would like to address here in three points. The first two points deal with the management of the proceedings. The first one is about the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190004X00245
Publisher site
See Article on Publisher Site

Abstract

Increasing efficiency means arbitrating faster at lower cost but without jeopardizing quality, and quality is really fairness-fairness of the proceedings and fairness of the result. Now, how does one do that? You can do it, for instance, in sports arbitrations, where disputes are resolved in twenty-four hours or less. This, however, is a very specific type of dispute that raises rather simple questions in a very specific setting. You can also do it by way of online dispute resolution, where the proceedings take place entirely online. This works well for small consumer claims. If it is adapted, it may work as well for medium-sized claims. It will not work for larger commercial claims that are complex and fact intensive. These are the claims I would like to address now. I am sorry to say: I have thought hard about this, but I have no miracles, no wonder recipes, no innovative concepts to offer. What we can do, however, is to work on the existing techniques and optimize them, and that is what I would like to address here in three points. The first two points deal with the management of the proceedings. The first one is about the

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2004

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