OVERCOMING THE CLASH OF LEGAL CULTURES: THE ROLE OF INTERACTIVE ARBITRATION

ID:	TARP-176
Title:	OVERCOMING THE CLASH OF LEGAL CULTURES: THE ROLE OF INTERACTIVE ARBITRATION
Source:	Arbitration International, Volume 14, No. 2, page 157
Parties:
Dispute Resolution Organ:
Year:	1998
Pages:	0
Author(s):	Bernardo M. Cremades
Keywords:	arbitration, dispute resolution, enforcement, legal culture, international arbitration, interactive arbitration, harmonization
Abstract:	Today’s worldwide business activities have resulted in international disputes that result in the interaction of different legal cultures. The generalized inclusion of arbitration clauses in business contracts has caused an international arbitration industry. Is it appropriate to speak of arbitration as a true clash of legal cultures or had it lead to a harmonization of arbitration procedures and a greater professionalism in those who participate in the arbitral process, by overcoming the legal culture conflict through an increased interactive approach among those who participate in each arbitration proceeding? Arbitrators should make a genuine effort to achieve effective communication with both the parties in conflict and their lawyers. To have this effective communication and interactivity the arbitrator should try to mediate and conciliate between the parties. After a failed mediation it then depends on the will of the parties if they want to keep the same person as an arbitrator to make the decision. It is essential that the arbitrator engages in effective communication between the parties in matters of evidence, because this is where cultural differences between lawyers from different backgrounds appear (Discovery vs. Inquisitorial System).
Secured:	False
Download Article:	TARP-176.doc