chapter  5
10 Pages

Processualization of Arbitration

As discussed in the preceding chapter, arbitration has an established tradition of being presented as an expertise-based, efficient and informal method of dispute resolution. The representation of arbitration as a particularly flexible technique has, however, recently been repeatedly called into question. As some authors observe, the phenomenon described as colonization of arbitration by litigation,1 or its judicialization,2 is a symptom of its increasingly mass and standardized character.