Adversarial techniques such as pre-trial discovery of documents, cross-examination, and lengthy oral pleadings are now in vogue in the conduct of international commercial arbitration proceedings. This paper responds to this trend by analyzing both the adversarial and the inquisitorial systems in an attempt to demonstrate which is more fulfilling to the objectives of international commercial arbitration. These objectives are party autonomy, neutrality, efficiency, flexibility, and confidentiality. In the finale, the paper provides that although the adversarial system is in line with the autonomy rights of those who opt for arbitration, its inquisitorial counterpart is more neutral, efficient, flexible, and confidential. It argues, furthermore, that since arbitration is in essence a mechanism that comes at the expense of parties' rights in favor of the efficiency and the flexibility of the arbitral process, the inquisitorial system is more proximate to the objectives of international arbitration and, therefore, more realizing to the aspirations of its customers.
School of Global Affairs and Public Policy
LLM in International and Comparative Law
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Zaki, A. G.
(2006).Adversarial or inquisitorial: which approach is closer to arbitration? [Thesis, the American University in Cairo]. AUC Knowledge Fountain.
Zaki, Ahmed Galal. Adversarial or inquisitorial: which approach is closer to arbitration?. 2006. American University in Cairo, Thesis. AUC Knowledge Fountain.
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