Considerations of Fairness in the Context of International Commercial Arbitrations

Abstract

This article addresses the contrast between the procedural fairness protections that are built into common law judicial practice and the lack of such safeguards in international commercial arbitration. Canvassing a variety of jurisdictions and international arbitration rules, the author concludes that procedural rights in international arbitration are never guaranteed and are at best extremely variable. The solution to such systemic problems is to write procedural requirements into any international commercial agreement so that in the event of a dispute there is some consensus about how the arbitration will be conducted. Schedule I is a table that explains the general operation of the various statutory instruments that regulate international commercial arbitration. Schedule II is an example of the type of drafted provisions that two private parties might consider grafting onto an international commercial agreement.