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 论文编号：
lw200701122156202784 |
| 论文属性：
essay |
| 论文语言：English |
| 论文国家：U.K. |
| 登出日期： 2007-01-12 |
| 字数： 2000 |
| 源程序：
无 |
| 价格：
免费论文 |
| 注明： |
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| 论文大纲，目录 |
| 关键词搜索：International Commercial Arbitration Net Era |
al disadvantages and overcome them.
As mentioned above, arbitration has so many advantages comparing with the litigation. But it still has very serious shortcomings, and the well-known main shortcomings are expense and delay. Especially, with the rapid development of digital technology, the procedure of international commercial arbitration seems obsolete. Mr. Justice Lander?s ever stated: the arbitration process has been perceived ?as having similar shortcomings to the litigation process. The perception is that the procedures in arbitration are not much less cumbersome than the procedures in the litigation process.
Arbitration is still slow and inconvenient.
Arbitration proceedings often take years. Although it may be short than the litigation, it is too long for the rapid development of new digital technology society. If it deals with the hi-tech case, arbitration will become unsatisfactory procedure. Paul D. Carrington ever stated: a few years ago, he met a law-bridge.net/english/ target=_blank>lawyer from San Francisco who had made twenty-four trips to Asia to participate in the resolution of a single dispute. He reported that the arbitrators who would listen to one witness a week. The witness came from diverse places in Asia and North American. Although this case is a very extreme example, it reflects the reality in some sense. The parties of arbitration live in different countries, the arbitration institution is located in another country, and maybe the a英语论文网 【http://www.51lunwen.org】rbitrators live in other countries. All of them have to meet in certain place at certain time, but it maybe need a long time to meet together. For instance, if one party is in China, the other party is in Brazil; the arbitrators live in Australia, Russia and the United States. The parties select the arbitration committee in Stockholm, maybe Chinese party needs very long time to get the visa, and Brazil Party is the same. Thus, all of them need spend a long time to start hearing and it is obvious that how inconvenient it is. Sometime, the hearing will be held several times. In some circumstance, in order to correct consequential errors of the expediter, it might be necessary to suspend the hearing while additional is added to the submission. But such interruption will prolong the procedure and make the procedure more inconvenient. The absolute claim that arbitration is quicker than adjudication is simply no longer true.
Arbitration is still expensive.
The direct cost of arbitration mainly includes: (1) the arbitrator?s fee; (2) expenses for arbitrator travel and hearing room rental; (3) the cost of site inspection or experts appointed to assist the arbitrator; (4) legal fee.
Among these fees, legal fee usually takes up most part of the whole cost. The parties have to appoint law-bridge.net/english/ target=_blank>lawyers to deal with the dispute except very simple case, because the law is very complexity. Legal fee main depends on how much time the attorneys spe
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