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This document is part of the ICC Dispute Resolution Library.
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Publisher: Image of Publisher which is The International Chamber of Commerce (ICC DRL)
Type: Books
Publication Date: 24 October 2022
Language: English
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    Alexis Mourre and the legitimacy of international arbitration

    80.

    It is a pleasure and an honour to pay tribute to Alexis' time at the helm of the ICC Court. Among his achievements, let me highlight three that in my view will mark his legacy. They deal with efficiency, transparency, and diversity, three notions that are an integral part of the legitimacy of international arbitration, the topic of his remarkable recent opening lecture at the Hague Academy.

    First, he managed to significantly improve the efficiency of the international arbitration process by incentivising arbitrators to deliver their awards in a shorter time span than was usual for many. For that, he not only announced that the ICC Court would reduce the fees of ‘slow' arbitrators but also followed suit. It required courage as the measure was not popular among arbitrators, to say the least. Yet, it was truly effective and over time it was increasingly accepted in such a manner that it is now fully integrated by tribunals as a feature of ICC arbitration.

    Second, Alexis brought more transparency to international arbitration. While the lack of transparency had been a serious concern in investment arbitration for some time, it was not generally seen as a threat to commercial arbitration. Yet, Alexis recognised that the standing of international arbitration would be enhanced through initiatives for greater transparency. Among other actions to this effect, he, in particular, promoted the systematic publication of awards, except where the parties opt out. One can reasonably expect that this measure will have wide-ranging effects. It will boost the evolution of the law, mainly but not exclusively procedural and contract law. Nowadays, contract law mainly evolves thanks to court decisions. However, the vast majority of cross-border contract disputes are resolved through arbitration, not court litigation. Hence, and in spite of the publication of excerpts of arbitral decisions, a huge segment of the legal solutions given to contract disputes escapes publicat

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