Arbitration & the Jackson reforms—who learns from whom? David Bridge investigates
The major reform of civil procedure in England and Wales heralded by the “Jackson Reforms” introduced in April 2013 has introduced new procedures for case management into English litigation. Foremost among these is how the court can manage the cost of litigation, with the aim of making litigation quicker and cheaper. Might some of the ideas from these reforms ultimately be adopted in international arbitration? Or is it simply a case of the courts catching up? A case of litigation following arbitration?
A parallel world?
Arbitral institutions know that efficient management of cases will bring repeat business and the theme of the Jackson report is not without parallel in the world of arbitration. Perhaps most notably, the International Chamber of Commerce (ICC) addressed similar issues to the Jackson report in its 2007 Report on Techniques for Controlling Time and Costs in Arbitration, updated following the publication of the 2012 ICC rules (the ICC Report).
The ICC report contains a series of recommendations
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