IMPORTANȚA PREDICTIBILITĂȚII ÎN ARBITRAJ
The importance of Predictibility in Arbitration

Author(s): Cristina Florescu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: predictability; arbitration; arbitral proceedings; efficiency;
Summary/Abstract: Legitimate predictability is an essential aspect that includes the stability of substantive and procedural law, and in arbitration it also appears to be indispensable for ensuring trust in this alternative method to state justice, full transparency and accountability of the act of justice.Predictability, transparency, efficiency and flexibility are the hottest topics, being in constant debate over the last five years at international level and testing the capacity of the arbitration system, for which it is looking for viable and compliant solutions. The fulfillment of these requirements is also considered to have a significant role in ensuring the recourse of those interested to arbitration. In order to strengthen and enhance trust in arbitration, effective mechanisms are needed to remove vulnerability to these notions and to implement the most appropriate instruments to attract parties to make more frequent and consistent use of arbitration.There is a significant difference between procedural predictability, which refers to the way in which the procedure is managed and conducted, and the material or substantial predictability that concerns the outcome of a case. The paper aims to briefly inventory the shortcomings and issues of the road to predictability in arbitration that is closely related to the development of arbitration in general by aligning itself with current trends and to try to propose some measures to achieve this goal.

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