Fair Enough? Reconciling the Pursuit of Fairness and Justice with Preserving the Nature of International Commercial Arbitration
By Nana Japaridze, February 8, 2012
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This note examines the different characteristics of international commercial arbitration and argues that a quest for fairness and justice should not sacrifice other advantages of international arbitration. The note discusses how confidentiality has lost significance as a result of this prioritization and further argues that international arbitration has developed sufficient rules and limitations to ensure that fairness and justice are provided to participants. Ultimately, the note finds that appellate review and arbitral finality are inherently incompatible.
