By Leslie King O’Neal
Improving Arbitration Efficiency: Tips from the 14th AtlAS Conference
Arbitration is touted as an efficient, cost-effective dispute resolution method, but some complain it’s not meeting these goals. Do arbitrations take too long and cost too much? Why does it take one or two years to build a bridge, but three or four years to decide who is responsible for delays? Can arbitration be more efficient while maintaining fairness? If so, how? At the recent Atlanta International Arbitration Society (AtlAS)[i] conference, experienced international arbitrators discussed ideas on getting to resolution more efficiently. Many of these concepts apply to domestic arbitrations as well as international disputes.
An In-House Attorney, a Professor and a Practitioner Share Efficiency Tips
Moderated by Nancy Thevenin,[ii] international arbitrator and mediator, panel members: Teresa Garcia-Reyes,[iii] in house counsel with Baker Hughes Company, professor and experienced international arbitrator, Doug Jones,[iv] and Jan Schaefer,[v] partner with King & Spalding, provided insights on increasing arbitration efficiency based on ICC guidelines and their many years of experience.
In-House Counsel Uses Early Case Assessment
Teresa Garcia-Reyes at Baker Hughes uses an “early case assessment” in all disputes over $1 Million.[vi] The assessment, done before outside counsel or arbitrators are selected, takes 2-3 weeks. It includes review of relevant documents and expert opinions. These are collected into a bundle for outside counsel to review. Outside counsel assesses the strengths and weaknesses of the case, providing candid best- and worst-case scenarios and a “most likely” scenario. They also identify information needed from other parties or experts. Ms. Garcia-Reyes commented that doing leg work up front sets up a matter for success and helps manage client expectations.
AI Tools Enhance Early Case Assessment
Another idea is having an AI tool, such as “Harvey”[vii] do an ECA and comparing its results with outside counsel’s results. ECA’s work best when clients’ documents are organized and easily accessible. The ECA helps project teams evaluate risks in pursuing claims and disputes before filing an arbitration demand.
Case Management Conferences—Invite Client Representatives
Doug Jones and Jan Schaefer recommended that client representatives attend the initial case management conference to get a better understanding of the arbitration process and specific case issues.[viii] Also, clients can make a cost-benefit analysis on procedural decisions such as having multiple rounds of briefing or discovery.
Tailor Preliminary Scheduling Orders to the Case
Sending a preliminary scheduling order to all counsel a week or so before the preliminary conference allows them to confer and agree on as many issues as possible, allowing the conference to focus on major issues. Rather than simply using a form scheduling order, the panelists recommended tailoring the process to the specific dispute. This is most effective when parties and counsel have a collaborative relationship and work with the tribunal to develop cost-effective procedures. Developing a realistic schedule for the arbitration is key to controlling the proceedings (and costs).
Use Mid-Stream CMC’s to Manage Document Exchange & Experts
Mid-stream CMC’s can add value to all types of arbitration by bringing counsel, experts and the tribunal together. This helps the tribunal manage the arbitration process and gives it better understanding of the key issues in dispute. Such conferences are particularly helpful in understanding materiality and proportionality of documents being requested.[ix] Reducing discovery disputes is critical in efficient arbitration.
“Issue CMC” Distills the Issues
Counsel and arbitrators can benefit from an “issue CMC,” which whittles down the issues before the hearing. The tribunal works with the parties to create a list of the issues alongside the factual and witness evidence for each contention. Professor Jones, a participant in over 190 arbitrations, said the issue synthesis multiplies the tribunal’s opportunities to engage with and understand the issues, ultimately leading to a better award.[x]
Build a Settlement Discussion Window into the Schedule
Many cases are settled before the final arbitration hearing, but arbitrators may not routinely discuss settlement options with parties. Including a “settlement discussion window” in the initial case management schedule provides a means for parties to hold settlement discussions without appearing “weak.”[xi] The settlement discussions could be negotiations between parties with counsel or there could be a formal mediation. The schedule could include a time frame for the parties to select a mediator, if desired. Just as judges now include mediation in pre-trial case management orders, arbitrators could insert settlement discussion into the overall arbitration schedule to assist the parties in resolving part or all the matters in dispute.
Takeaways:
Lawyers and arbitrators have many tools available to make arbitration more efficient, but they require collaboration between clients, counsel and arbitrators. Consider using one or more of these tools in your next arbitration:
- Early Case Assessment—with or without AI
- Tailored Scheduling Orders
- Mid-Stream Case Management Conferences
- Include a Settlement Discussion Window in the Schedule.
[i] AtlAS fosters cultural openness, hospitality and innovation in cross-borderdispute resolution. Thanks to Wheaton Webb, Nancy Thevenin and Isabel Fernandez de la Cuesta, program co-chairs, for organizing the 14th annual conference.
[ii] https://www.theveninarbitration.com/founder-and-principal.html
[iii] https://www.linkedin.com/in/teresa-garcia-reyes-a700a88/
[iv] https://www.linkedin.com/in/dougjonesao/
[v] https://www.linkedin.com/in/jan-k-schaefer/
[vi] See ICC, Effective Management of Arbitration, A Guide for In-House Counsel and Other Party Representatives (2017) https://iccwbo.org/news-publications/arbitration-adr-rules-and-tools/effective-management-of-arbitration-a-guide-for-in-house-counsel-and-other-party-representatives/
[vii] “Harvey” is a customized AI large language model for law firms and in house legal teams. https://www.harvey.ai/
[viii] See §30, ICC Controlling Time and Costs in Arbitration (2018).
[ix][ix] See, Doug Jones, Jones shares procedural approaches after GAR-LCIA roundtable (Global Arbitration Review, December 6, 2024) https://globalarbitrationreview.com/article/jones-shares-procedural-approaches-after-gar-lcia-roundtable
[xi] Usher Winslett, It’s the Result That Matters, 18 NYSBA New York Dispute Resolution Lawyer 38 (2025).