PROAKTIVNOST ARBITROV

The Revised UNCITRAL Notes and Case Management Conference(s): What to Address (and When)

Scott Vesel

Conventional wisdom in international arbitration urges tribunals and parties to fix all aspects of the procedure at the first case management conference. Because there is usually insufficient information about the case at this stage, the conventional approach leads to standardized (and lengthy) proceedings. The UNCITRAL Notes on Organizing Arbitral Proceedings instead recognize that multiple case management conferences are often necessary and that an approach aimed at making “appropriately timed” procedural decisions may lead to a more efficient process and avoid premature or unnecessary discussions and delays. In particular, a substantive case review conference after the first round of pleadings may be the appropriate time for adopting a tailored procedure for remaining written submissions and oral hearings.