Abstract

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

School of Global Affairs and Public Policy

Department

Law Department

Degree Name

LLM in International and Comparative Law

Date of Award

5-30-2006

Online Submission Date

5-30-2006

First Advisor

Shalakany, Amr

Committee Member 1

Shalakany, Amr

Committee Member 2

Hill, Enid

Document Type

Thesis

Extent

69 p.

Rights

The author retains all rights with regard to copyright.

The American University in Cairo grants authors of theses and dissertations a maximum embargo period of two years from the date of submission, upon request. After the embargo elapses, these documents are made available publicly. If you are the author of this thesis or dissertation, and would like to request an exceptional extension of the embargo period, please write to thesisadmin@aucegypt.edu.

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