Arbitration 2.0 Provides Process for Quick and Fair Resolution of Cross-Border Disputes 

NEW YORK, NY (September 22, 2014) - Perkins Coie is pleased to announce the launch of Arbitration 2.0, a protocol designed to restore arbitration’s promise as the quickest and fairest mode for resolving cross-border disputes.

Developed for clients by Perkins Coie’s International Arbitration group, Arbitration 2.0 highlights opportunities for streamlining arbitration using a variety of technologies common in business meetings, but generally absent from the courtroom.

“For more than half a century, arbitration has offered the promise of quick, fair, and enforceable dispute resolution across borders,” said Paul Cohen, partner and co-chair (along with Steve Koh) of Perkins Coie’s International Arbitration practice. “But the process has increasingly become cumbersome and users of international arbitration don’t want expensive proceedings, intrusive discovery, and excessive waits for awards.”

To improve the process of dispute resolution for all parties, Perkins Coie has developed a set of principles for the efficient conduct of international arbitration called Arbitration 2.0 in acknowledgement of the significant role that technology plays in them. 

“Technology provides many opportunities for efficiency and economy,” said Steve Koh. “For example, multimedia presentations and remote witnesses via video have been undervalued and underused in arbitration proceedings. Our Arbitration 2.0 features Ten Commitments that highlight the means to streamline arbitration while keeping costs down using a variety of technologies.”

Arbitration 2.0’s Ten Commitments include:

• • Flexibility, Confidentiality, and Courtesy. We will remain flexible in our approach to arbitration, recognizing that it is not a field for “one-size-fits-all” solutions. We will strive to maintain confidentiality in the process, where possible. We will treat opposing counsel and witnesses with courtesy and respect.
  • Appropriate Arbitration Clauses. We will encourage clients to propose and accept arbitration clauses designed to streamline the dispute process.
  • Requests for Arbitration. We will limit the length of Requests for Arbitration, and consider the use of alternative multimedia presentations in lieu of written submissions.
  • Statements of Claim and Defense. We will limit the length of Statements of Claim and Defense, and will consider multimedia presentations in lieu of written submissions. We will strive to submit pleadings within a foreshortened time period.
  • Witness Statements. We will limit ourselves, where possible, to five fact witness statements. We will, where feasible, supply such statements in video and multimedia formats.
  • Post-Statement Hearings. We will encourage tribunals to hold Post-Statement Hearings after the exchange of Statements of Claim and Defense. We believe such hearings will help narrow the issues for tribunals. We will encourage the use of video conferencing to facilitate such hearings.
  • Discovery. We will propose discovery options at the outset of any arbitration in order to provide clarity to the parties and the tribunal about the standards for disclosure.
  • Merits Hearings. We will propose prerecorded, multimedia opening presentations, video conferencing, and remote witness examination where these might further the goal of limiting hearing time.
  • Post-Hearing Briefs. We will propose that tribunals dispense with post-hearing briefs, where possible, and limit their length and deadlines for submission where necessary.
  • Awards. We aspire to an environment in which arbitrators routinely issue awards within one year of the filing of a Request for Arbitration. Where feasible, we will consider and explore with clients the possibility of structuring payments to arbitrators in a way that incentivizes rapid issuance of awards.

For a full version of Arbitration 2.0 please click here .

Perkins Coie represents clients in ad hoc international arbitrations as well as those conducted under the rules of every major arbitral institution, including investor-state arbitrations under the International Centre for the Settlement of Investment Disputes. With more than 30 lawyers experienced in representing companies in a variety of international commercial and investment treaty arbitrations, the firm regularly advise clients at each stage of the process. Sophisticated clients recognize that little of the actual work on an international arbitration occurs at the seat of arbitration.

Our U.S. clients in particular have found it more cost-effective to retain Perkins Coie to develop the evidence for international arbitrations rather than relying exclusively on international counsel located in high-priced markets. Experienced across a variety of industries and legal claims, Perkins Coie has a deep background in handling disputes on behalf of manufacturers involving complex technical or engineering issues. Our clients’ matters frequently require adherence to export and controlled goods regulations, such as the U.S. International Traffic in Arms Regulations.

Perkins Coie is a leading international law firm that is known for providing high-value, strategic solutions and extraordinary client service on matters vital to our clients’ success. With more than 1,200 lawyers in offices across the United States and Asia, we provide a full array of corporate, commercial litigation, intellectual property, and regulatory legal advice to a broad range of clients, including many of the world’s most innovative companies and industry leaders as well as public and not-for-profit organizations.

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