International Arbitration and Its Users: Ships Passing in the Night? A Dialogue with Michael McIlwrath
Sophie Nappert
ABSTRACT
If arbitration is a service industry, are users’ expectations realistic? If it is market-driven, then why not more diversified appointments, given the wider pool of capable and talented arbitrators on the market? What is the purpose of the call for ethical guidelines, not only for arbitrators but for counsel? Is the market not adept at selecting the best candidates? What attributes make an arbitrator “the best”? If the arbitral process is party-led, why the spiraling upwards of time and costs when parties are left to their own procedural devices?
Michael McIlwrath and I address these important topics and others in this contribution, with his perspective as a user of arbitration alongside mine as an arbitrator.