Excessive Judicialization – an Obstacle to Efficiency in Arbitration
pages 87 - 114
ABSTRACT:

As in global trade and investments, international arbitration has increasingly become the main method of solving international disputes. This paper focuses on finding some solutions to achieving efficiency in arbitration, including the downsizing of rigidity and reducing the trend toward judicialization of arbitration and getting it back to its founding principles.

A number of proposals and sanctions are identified to allow a faster and more cost-effective procedures and to save efficiency in arbitration. Besides the users and their counsels, the arbitrators and arbitral institutions are actually involved, play a role and are called to contribute to positively, constructively, flexibly solve this issue. By avoiding common mistakes and open discussion among all the participants in the arbitration process, cost and time efficiency can be achieved.

Many new developments, ideas and trends are set to appear in the near future as the issue of efficiency is more broadly debated, analyzed by doctrine, tested by the practitioners and commented on at conferences. 

keywords
arbitration
efficiency
guerilla tactics
arbitrators
counsels
parties
time and cost control
guidelines
sanctions
about the authors

Dr. Cristina Florescu is a lecturer at the Faculty of Law and Public Administration, Spiru Haret University, Bucharest, Romania and a lawyer with her own commercial and arbitration law practice (Bucharest Bar). She is also an arbitrator at the International Court of Commercial Arbitration (Chamber of Commerce and Industry of Romania), Bucharest and at the Vienna International Arbitration Centre (VIAC). She participates regularly as an international arbitrator (member of the jury) to W.C. Vis Moot, Vienna and FDI Moot. A PhD graduate, with a doctoral thesis in the field of commercial arbitration published in Romania, she is a participant and speaker at numerous scientific sessions and seminars/webinars, international and domestic conferences in arbitration and commercial law fields. She has publications in several specialized journals, reviews, collections of essays, books, courses in commercial law, mediation and arbitration field.

e-mail: crisflorescu@gmail.com