Revue - Les Cahiers de l'Arbitrage N°2 - 2024 - 49

DOCTRINES - DÉBATS
competition from internationally-minded national courts (such as Singapore, Paris
and others), but also with other institutions around the world. Given their neutral
position in the arbitration diaspora, institutions can drive change at a scale that
will have an impact on the system and at the same time ensure due process and
equality of the parties. 23
Alongside the institutions, we have the " influencers " . These are people who
have sufficient sway to bring change to international arbitration. There are certain
household names who command a following in their own right. One example is the
development of eponymous tools such as the Redfern Schedule, the Stern Schedule,
the Armesto Schedule, the Reed Retreat and the Kaplan opening. 24
Organisations
such as the IBA also have powerful influence through their development of soft
law such as the various IBA Rules on the taking of evidence, ethics, guidelines on
conflicts of interests and party representation, among others, which have become
norms. Another example of arbitration influencers is the community of independent
arbitrators, which " ... has become a social-professional category of its own " . 25
As
dispensers of justice who deliver the " output " generated from the arbitral process,
arbitrators who can produce awards efficiently with the assistance of technology
may find themselves in greater demand as a result of being able to deliver timely
awards. This in turn may raise the expectation for timely awards.
Second, vision. As is underscored in Gleicher's formula, there needs to be a
clear vision. All successful companies have a mission statement that guides their
work. For example, Disney's mission is to " entertain, inform and inspire people
around the globe through the power of unparalleled storytelling, reflecting the
iconic brands, creative minds and innovative technologies. " 26
In order to carry
out this mission, the CEO of Disney, Bob Iger, has said that the overall strategy
comprises three pillars: " One: Invest most of the capital in creating high-quality,
branded content and experiences. Two: Embrace technology and use it aggressively
to enhance the quality of Disney's product and thus the consumer experience. And
lastly, get closer to the consumer by becoming more efficient as a company. " 27
Similarly, the vision for arbitration may also focus on enhancing the dispute
prevention and resolution experience with the use of technology. There have
been many discussions on creating an experience for the user that harnesses
developments in technology to create bespoke dispute resolution systems or
otherwise streamline the arbitral process. 28
23. Ibid.
24. Paul Tan and Samuel Seow, " An Overview of Procedural Innovations in International
Commercial Arbitration " , International Arbitration Asia (9 December 2014), available at http://
www.internationalarbitrationasia.com/v2/articles/singapore/international-commercial-arbitration, last
accessed on 15 June 2024.
25. E. Gaillard, " Sociology of International Arbitration " , Arbitration International, 2015, 31, 1-17.
26. See Disney's Mission at https://thewaltdisneycompany.com/about/#:~:text=The%20
mission%20of%20The%20Walt,the%20world's%20premier%20entertainment%20company, last
accessed on 15 June 2024.
27. Capgemini Consulting, " Making Magic Through Innovation " .
28. See e.g. Emma Martin, " The Use of Technology in International Arbitration " , in Carlos
González-Bueno (ed), 40 under 40 International Arbitration (2018), (© Carlos González-Bueno Catalán
de Ocón; Dykinson, S.L. 2018), pp. 337-348; Al-Karim Makhani, Sophie Nappert et al., " Chapter 3:
Technology in International Arbitration: Yesterday, Today and Tomorrow " , in Ben Beaumont, Alexis
Foucard et al. (eds), International Arbitration: Quo Vadis?, (© Kluwer Law International; Kluwer Law
International 2022), pp. 23-50.
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http://http:// http://www.internationalarbitrationasia.com/v2/articles/singapore/international-commercial-arbitration https://www.thewaltdisneycompany.com/about/#:~:text=The%20

Revue - Les Cahiers de l'Arbitrage N°2 - 2024

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