Читать книгу Anuario de arbitraje 2018 - Mª José Menéndez Arias - Страница 10

How are the scales of international arbitration balanced today? Have they been tipped in favor of US-style litigation, has the trend been reversed to favor civil-law procedures once more, or has a stable equilibrium developed? In this section, we will review the influence of several quintessentially American litigation practices and procedures on various areas of international arbitration. Like others have done before32), we conclude that a healthy balance has been struck between American and other common-law traditions, on the one hand, and civil-law traditions, on the other. In effect, just as the «Grand Old Men33)» who pioneered modern international arbitration had to adjust to the introduction of some elements of American procedure, so too have American practitioners accepted that the practice of international arbitration requires understanding elements of civil-law regimes34). Even where features of the adversarial American system have crept in, they have been adapted to fit the needs of international arbitration.