It is uncontroversial that arbitral tribunals have not only the power, but also, in more recent times, an obligation, to ensure the efficient and cost-effective conduct of arbitral proceedings. Most arbitral institutions have made revisions to its rules to make this obligation express. This obligation is taken seriously, and failure of arbitrators to conduct the proceedings in an efficient manner may be penalized.
However, it is no coincidence that almost every iteration of a tribunal’s obligation to conduct arbitration proceedings in an expeditious manner, in the various institutional rules, is contained in the same article as its obligation to act fairly and impartially.
How can arbitrators achieve the fine balance between expeditious resolution of the disputes before them, and the parties’ due process rights?