Читать книгу Anuario de arbitraje 2018 - Mª José Menéndez Arias - Страница 11

The tactic of challenging an arbitrator to delay proceedings or deprive the opposing party of its chosen arbitrator has been cited as an example of increasing American-style litigiousness in international arbitration35). Although the practice may have begun as a way for the new Anglo-American technocrats to compete with the original old guard of European arbitrators36), it has since spread to become a tactic used equally on both sides of the Atlantic37).

Moreover, despite the general sense that challenges have become more frequent, data from ICC cases do not entirely support that assumption. Using arbitrator challenges as a barometer for litigiousness in international arbitration, one study found no clear proof of a trend toward greater litigiousness38). The percentage of cases in which challenges were raised fluctuated between 1998 and 2011, but did not show an upward trajectory, particularly given the increase in the number of cases before the ICC, as well as the increasing number of cases before three-member panels rather than sole arbitrators (further increasing the total number of potential arbitrators to challenge)39). More recent statistics have led to a similar conclusion40). Thus, the challenge situation may not be quite as dire as it is imagined to be.