Acquisition of Skills and Accreditation in International Arbitration

Abstract

THE PAST two decades have seen significant growth and expansion of arbitration on both a domestic and an international level. The benefits of flexibility, neutrality and control, coupled with the security of an internationally enforceable award and statutory support of the arbitral procedure, have led to the establishment of arbitral institutions, procedures and laws worldwide. Due to the growing popularity and use both domestically and internationally of arbitration, it is crucial that the training of practitioners and arbitrators be regulated and rigorous. This popularity can be largely attributed to the formality and security offered by arbitration, in the form of an internationally enforceable agreement, an established and time-tested set of domestic and international rules and laws governing the process, and an internationally enforceable, final and binding award. The success of arbitration thus rests heavily upon the respective skills of practitioners and arbitrators. When considering what should be taught under the banner of international arbitration, therefore, two fundamental areas that must be considered are the acquisition of skills and the related topic of accreditation. A strong skill set is a critical aspect of arbitration practice. When considering the way to teach arbitration skills, the fundamental question is: which skills are required? This depends on what arbitration is trying to achieve. International arbitration aims to bridge cultural, procedural and legal divides. As such, the consensual, if not cooperative, nature of arbitration requires a distinct and unique approach to traditional litigious skills and practices, despite having much in common with them. There are three distinct skill sets involved in the practice of international arbitration: the advocacy skills necessary for the representation of parties in international arbitrations, the adjudicative skills required by those sitting as arbitrators, and the skills required of local court judges in relation to international arbitral proceedings and awards. Added to …