ARBITRATION: BACK TO THE FUTURE (a contribution to the International Arbitration Congress, Barcelona 18-20 October 2012) by Ramon Mullerat OBE

 

By Ramon Mullerat OBE

It is equitable…to prefer arbitration to the law court,for the arbitrator keeps equity in view, whereas the judge looks only to the law, and the reason why arbitrators were appointed was that equity might prevail.
Aristotle, Rhetoric, book 1, chapter 13.

The existing judicial system is too costly, too painful, too destructive, too inefficient for a truly civilized people...
To rely on the adversarial process as the principal means of resolving conflicting claims is a mistake that must be corrected.
US Supreme Court Chief Justice Warren E. Burger

First. Presentation. Futurology

It has been ironically said that it is difficult to make predictions, especially about the future. It is also dangerous. Apollo, Zeus’ son, enjoyed showing up at the temples around Greece built in his honor. One day, Apollo swung by the temple in Troy. Cassandra, a beautiful priestess, worked at the temple. The minute Apollo saw Cassandra, he fell in love. Apollo offered Cassandra a deal. He would give her the gift of prophecy - the ability to see the future - if she would give him a kiss. Cassandra thought that was a great deal. Apollo gave her his gift. Instantly, Cassandra saw Apollo, in the future, helping the Greeks destroy Troy. When Apollo bent his head to gently kiss her, she angrily spit in his face. Apollo was furious. He could not take away his gift, but he could add to it. Although Cassandra could, forever after, see the future, no one would ever believe her.

In this paper, my contribution to the International Arbitration Congress in Barcelona, I intend to give some strokes of the present of arbitration and to venture a forecast about its future.
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