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International businesses frequently choose binding arbitration as a less costly ad speedier alternative to litigation. Other reasons businesses opt for arbitration are control over the process, privacy and confidentiality of the proceedings, the relative finality of the outcome, and a less adversarial process that may preserve future business relationships.

With the increasing popularity of arbitration, it is not surprising that attorneys familiar with the tactics and practices of litigation have brought to the arbitration process these adversarial tactics. These tactics drive up the costs, delay proceedings, and ultimately bring in court review of the outcome. Examples are expanded discovery, exhaustive arbitral motion practice, and extensive hearing times.

If an important goal of the business client is to preserve the speed, efficient, and economy of the arbitration process, it is important to work closely with outside counsel to set the approriate guidelines at the outset of the process to preserve these goals. Experienced outside counsel who have litigated international commercial cases and been through the arbitration process are in a position to effectively deal with opposing counsel and establish a plan to preserve the business client goals of efficient and economy throughoutthe arbitration. process.