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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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The curious phenomenon of the ‘pro-active co-arbitrator’


Alexis' volontarisme’. The contributions of Alexis Mourre to the enhancement of the legitimacy of the international arbitration system will take time to be fully apprehended by the business community at large. The reason for that lag is that President Mourre’s various (some would add: ‘aggressive’) reforms of ICC arbitration specifically sought to change the behaviour of the international arbitration players. And, as we know, ‘behavioural change’ is inexorably linked to the idea of ‘evolution’ and, hence, time.

The ethical issue of the ‘pro-active co-arbitrator’. In particular, it will take time for President Mourre’s actions relating to ethics in ICC arbitration to bring about behavioural change. We may, for instance, wonder whether the new ethical standpoint of ICC arbitration may address the curious phenomenon of the ‘pro-active co-arbitrator’. What is a ‘pro-active co-arbitrator’? The expression ‘pro-active co-arbitrator’ may be ambiguous, with both a positive and negative meaning.

The positive meaning of ‘pro-active co-arbitrator’. Some may understand the term as describing a co-arbitrator who goes above and beyond in fulfilling her or his mission. This may be characterised as a ‘positive meaning’. In this sense, a pro-active co-arbitrator would perhaps be someone who, for instance, (i) is the first within the arbitral tribunal to propose solutions to the different incidents that may arise during the arbitral proceedings, (ii) prepares drafts of procedural orders, and (iii) contributes in a substantial way to the drafting of the award(s). This pro-active co-arbitrator works hard.

The talent of a clever intensity. From this perspective, a pro-active co-arbitrator would thus be one who constantly and indefatigably attempts to subtly influence the other

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