Paper's abstract

Laurence Kiffer, Arbitrator, Counsel and Judge
Referring international disputes to arbitration preferably than to courts amounts to choosing a private justice set up for the needs of the business community and complying with the international character of the disputes. Such a justice requires the counsel, the arbitrator and the judge to play a specific role. Arbitration also requires the counsel, the arbitrator to apply different procedural rules than before courts and for the judge to take into account the international environment and adapt the internal rules accordingly.
However, the development of international arbitration recognized as the normal way of settling international disputes has led to damaging practices of parties, counsel, arbitrators and judges. The lack of flexibility of arbitration proceeding resulting there from may explain the rising interest of the business community for Amicable Dispute Resolution (ADR).



Key Words : Amicable dispute resolution, justice
t. 52, 2009 : p. 181-196