Summary of Guardian, Gatekeeper or Guide? Claudia Salomon FCIArb explores the role of arbitral institutions

The video features a lecture by Claudia Salomon, President of the International Court of arbitration (ICC), discussing the evolving roles of arbitral institutions in the context of dispute resolution. The main themes include the necessity for arbitral institutions to act as guardians, gatekeepers, and guides in the arbitration process.

Main Financial Strategies and Business Trends:

Importance of Arbitral Institutions: Salomon emphasizes that arbitration is only as effective as the arbitral institution involved, highlighting the growing number of institutions worldwide and the need for them to maintain integrity and quality in the arbitration process.
Insurance Analogy: She compares dispute resolution to insurance, stressing that parties must understand their arbitration agreements fully to avoid being caught unprepared in times of crisis.
Institutional vs. Ad Hoc arbitration: Salomon discusses the benefits of institutional arbitration, such as efficiency, clarity, and enforceability, compared to ad hoc arbitration, which can lack structure and lead to delays.
Proliferation of Institutions: The rise of numerous arbitral institutions, particularly in regions like China and Africa, raises questions about the quality and reputation of these institutions and their impact on the legitimacy of arbitration as a whole.
Role of Technology: She predicts that technology will transform the services offered by arbitral institutions, leading them to evolve into broader dispute resolution and prevention entities.

Methodology and Key Points:

Guardian Role: Arbitral institutions should protect the integrity of the arbitration process, ensuring that disputes are resolved fairly and efficiently.
Gatekeeper Role: Institutions should control access to arbitration, determining whether cases can proceed based on existing agreements and legal frameworks.
Guide Role: Institutions should provide guidance on the arbitration process, helping parties navigate their options and facilitating access to appropriate dispute resolution methods.

Claudia Salomon's Key Insights:

The necessity for clarity in arbitration agreements to avoid disputes over jurisdiction and procedural issues.
The importance of institutional rules that have been tested over time to provide a reliable framework for arbitration.
The role of institutions in ensuring the independence and impartiality of arbitrators, and how this affects the enforceability of awards.

Presenters/Sources:

Claudia Salomon, President of the ICC
Katherine Dixon, Chief Executive Officer of the Chartered Institute of Arbitrators (CIArb)
Jonathan Wood, President of CIArb, who moderated the Q&A session following the lecture.

Notable Quotes

— 07:45 — « A dispute resolution process is a lot like buying insurance; insurance is something we must have but hope we never need. »

— 39:38 — « The services that you're selling should provide value to the client. »

— 40:01 — « The question everybody has to ask is this: are you getting value for those fees? »

— 48:14 — « An arbitral institution is a service provider with an emphasis on service. »

— 55:48 — « When parties have a dispute, they want more than an arbitration; they want a resolution of their dispute. »