Can arbitration learn lessons from the Jackson reforms?

Table of contents

• So, what was the perceived need for changes to the Civil Procedure Rules?
• What does the revised CPR actually say?
• What has happened since Jackson? Have the English courts used the new power and revolutionised the face of litigation?
• What can we learn (if anything) from the English courts’ approach that could be useful in arbitration?
• Do tribunals have the same powers as the courts?
• Are those powers backed by sanction?
• Are both subject to the same general duty of fairness?
• What lessons can we learn?
• Is the volume of paper really an issue?

Article summary

Arbitration analysis: When the volume of paper in litigation and arbitration is felt to be getting out of control, we ask whether there is anything to be learnt from the Jackson reforms that could assist international arbitration practitioners and tribunals to limit the volume of witness evidence produced. This paper was first given by Catherine Reeves at the ICC YAF event ‘Paper, paper everywhere’ on 6 May 2014.