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"Arbitration - the Civilized Solution"?

"Arbitration - the Civilized Solution"? by Pierre Lalive I. Introduction Once upon a time - and it is no accident if this presentation begins like a Fairy Tale! - International Arbitration used to be defined as a simple and cheap method of private settlements of disputes between gentlemen. Today this definition would be widely regarded, if not as totally obsolete, at least as clearly insufficient! The reason is not, as some sceptics might believe, that there are few gentlemen left in the international business community - or that they belong to the category of Endangered Species. The reason is that we live in an era of "globalization" (to use a fashionable tern), in an international society which has become increasingly complex, where international trade implies every day millions of communications and the conclusion and performance of tens of thousands of international contracts (of sale, construction, transport, agency, etc., etc.). Inevitably, a certain proportion of these millions of contracts will give rise to disputes. It would be nai've to imagine that, in the present international, legal and political context, the majority of such disputes are simple, and that they can be solved easily, speedily and by simple methods. And this leads us to a http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png ASA Bulletin Kluwer Law International

"Arbitration - the Civilized Solution"?

ASA Bulletin , Volume 16 (3) – Sep 1, 1998

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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1010-9153
Publisher site
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Abstract

by Pierre Lalive I. Introduction Once upon a time - and it is no accident if this presentation begins like a Fairy Tale! - International Arbitration used to be defined as a simple and cheap method of private settlements of disputes between gentlemen. Today this definition would be widely regarded, if not as totally obsolete, at least as clearly insufficient! The reason is not, as some sceptics might believe, that there are few gentlemen left in the international business community - or that they belong to the category of Endangered Species. The reason is that we live in an era of "globalization" (to use a fashionable tern), in an international society which has become increasingly complex, where international trade implies every day millions of communications and the conclusion and performance of tens of thousands of international contracts (of sale, construction, transport, agency, etc., etc.). Inevitably, a certain proportion of these millions of contracts will give rise to disputes. It would be nai've to imagine that, in the present international, legal and political context, the majority of such disputes are simple, and that they can be solved easily, speedily and by simple methods. And this leads us to a

Journal

ASA BulletinKluwer Law International

Published: Sep 1, 1998

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