20 www.lexpert.ca
Feature
together written submissions that are hyper-
linked to all the documents referred to in
the written submission, and everything can
be moved around electronically instead of
in boxes of heavy briefs," acker says. "e
international arbitration proceedings proce-
dures are ahead of us in terms of electronics
and electronic storage."
TRIAL
Advantages Disdvantages
Less opportunity for abuse of process Time consuming
Parties compelled to attend Parties not in control of process or decision
Institutionalized process allows
safeguards
Confidentiality difficult
Final decision binding Onerous evidentiary burden
Legal precedent may be established Expensive
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of international arbitration into the domestic
sphere. "So, whether those procedures are
brought by arbitrators that are working both
domestically and internationally or lawyers
that have domestic and international disputes,
you are seeing the adoption by agreement of
some of those procedures because they seem
to work."
Saab agrees that this additional flexibility
has added a layer of agreed-upon "arbitration
rules" to include with any default statutory
requirements. "ere are many different
ways to design an arbitration framework,
agreeing to the methods of a particular arbi-
tral body, but some default rules are also set
out depending on the jurisdiction."
acker points out that international arbi-
tration rules oen have a "well-thought-out"
system for numbering and ordering docu-
ments, making it easier to put together a
hyperlinked electronic record. "You can put
